File No. 711.5521/3
This communication is in reply to Minister Whitlock’s letter to the
late Mr. Davignon, Minister of Foreign Affairs of Belgium, dated
July 6, 1915.
[Inclosure—Translation]
The Minister for Foreign
Affairs to Consul Osborne
Ministry for Foreign Affairs,
Havre,
June 29, 1916.
Sir: As you are aware, his excellency
Mr. Brand Whitlock was so good as to communicate to Mr. Davignon
the text of a law relative to the merchant marine, approved by
the American Congress March 4, 1915.
[Page 34]
That law entrusts the President of the United States with the
duty of terminating the provisions of the international treaties
to which the United States are a party, which are not in
agreement with the new régime which it establishes.
His excellency pointed out, as coming within this purview,
Articles 11 and 12 of the Consular Convention concluded March 9,
1880, between Belgium and the United States, as well as Article
5 of the Treaty of Amity, Commerce and Navigation signed January
24, 1891, between the Independent State of the Kongo and the
United States. Nevertheless, rather than denounce the two
conventions, the American Government suggests to the Government
of the King to terminate, by agreement, these three articles and
leave in force the other provisions of the treaties.
Furthermore, it proposes to put on record the agreement reached
on this point by an exchange of notes; these should provide that
the articles referred to shall cease to have effect July 1,
1916.
The Government of the King, appreciating the reasons which have
caused the promulgation of the American law of March 4, 1915,
and which lead the American Government to propose the abrogation
of the conventional stipulations in question, accepts this
proposal, as regards Articles 11 and 12 of the Consular
Convention of March 9, 1880.
The agreement on this point will take effect dating from July 1,
1916. It will be considered as established by the present letter
and by the communication to which it is in response and which
Mr. Brand Whitlock addressed to Mr. Davignon on July 6 last.
The Belgium Government is likewise in agreement with the American
Government for the continued application after July 1, 1916,
under the former conditions, of the non-abrogated articles of
the Consular Convention.
As regards the Treaty of January 24, 1891, with the former
Independent State of the Kongo, the Government of the King
desiring, on its side, to make modifications in several of its
provisions, considers that the best solution consists in
terminating the convention itself.
I should be obliged to you, Mr. Consul, if you would be good
enough to inform the American Government and request it to make
formal acknowledgment of this denunciation to the Belgian
Government.
The latter, on the other hand, being desirous of giving
satisfaction to the request of the Government of the United
States, consents that Article 5 of the Treaty of January 24,
1891, shall cease to have effect on and after July 1, 1916, the
other articles remaining provisionally in force.
Receive [etc.]
