890d.01/79

The Ambassador in France (Herrick) to the Secretary of State

No. 2085

Sir: With reference to my telegram No. 269, June 30th, 4 P.M.,5 I have the honor to transmit herewith copy and translation of the proposed texts of the French Mandate for Syria and the Lebanon and the Franco-American Treaty in regard thereto. A copy and translation of the accompanying Foreign Office Note are likewise forwarded.

I have [etc.]

Myron T. Herrick
[Enclosure 1—Translation]

The French Minister for Foreign Affairs (Poincaré) to the American Ambassador (Herrick)

Mr. Ambassador: By the memorandum of August 9, 1921,6 Your Excellency was good enough to set forth the views of the Government of the United States with regard to the mandates to be established over certain territories which, by the terms of the peace treaties, cease to be under the sovereignty of the enemy powers. With regard to those territories which belonged to the Ottoman Empire, the American Government recalled that the Allied Powers were in a position to dispose of them only because of the victory obtained in common over Germany. It expressed the desire, consequently, [Page 119] that no disposal, establishing a differential treatment to the detriment of the United States or contrary to the principle of commercial equality, should be set down in the terms of the mandate. It indicated at the same time the provisions of drafts of mandate which appeared to it necessary to modify with this in view.

On December 22, 1921,7 my predecessor informed Your Excellency that the Government of the Republic, on its part, was quite willing to comply with the views of the United States by a direct agreement guaranteeing to citizens of the United States the enjoyment in the French mandated territories of the same rights and privileges as the nationals of States, members of the League of Nations. He added that, as far as the text of the mandate which France is to exercise in Syria and the Lebanon was especially concerned, a Note would be sent to Your Excellency at a later date informing him of the modifications made in the original text with a view to giving satisfaction to the Government of the United States.

I have the honor to transmit herewith to Your Excellency the text, modified in this manner, which the French Government intends to ask the approval of at the next Council of the League of Nations. As the Government of the United States will notice, the provisions set forth under Articles V, X, XI, XVIII, comply with the desire which it expressed concerning the reestablishment of the capitulations at the time when the mandate shall end, the free expansion of missions, economic liberty and equality in the mandated territory. There is added to this text a draft of a Convention by which the Federal Government, on the one hand, shall give its consent to the exercise by France of this mandate over Syria and the Lebanon, and the French Government, on the other hand, shall guarantee to citizens of the United States the same enjoyments from all points of view of the same rights and privileges in Syria and the Lebanon as the nationals of States, members of the League of Nations.

This draft Convention reproduces, mutatis mutandis, the one which, with regard to Palestine, the British Government communicated to His Excellency the Ambassador of the United States of America at London8 and to the terms of which I understand the Governments of Washington and London have agreed.

By reason of the advantage it would be to the inhabitants of Syria and the Lebanon to have a prompt definition of the status of their country and in view of the early date of the meeting of the Council of the League of Nations, the Government of the Republic would be happy to know as soon as possible if the Federal Government gives its adhesion to the draft of the Mandate and the draft of the Convention [Page 120] which are submitted to it. The draft of the Convention will be, in such an event, initialled before the meeting of the Council of the League of Nations fixed for July 10th, its final signature being deferred until the signature of the Peace Treaty with Turkey.

Please accept [etc.]

R. Poincaré

[Enclosure 2—Translation9]

Draft Mandate for Syria and the Lebanon

Whereas by the peace treaty concluded with the Principal Allied Powers, the Ottoman Empire renounced in favor of the Principal Allied Powers all her rights and titles to the territories of the former Ottoman Empire situated to the south of the southern frontier of Turkey as fixed in the said treaty;

Whereas by the said treaty the high contracting powers have agreed that, in accordance with the terms of Article 22, paragraph 4, of the Covenant of the League of Nations, that part of the above-mentioned territories known as Syria be constituted an independent state, the administration of which shall be guided by the advice and help of a mandatory power, until this state is in a position to govern itself;

Whereas the Principal Allied Powers have decided that the mandate for these territories mentioned above comprising Syria and Lebanon should be conferred on the Government of the French Republic, which has accepted it;

Whereas the terms of this mandate, which are also defined in the articles below, have been accepted by the Government of the French Republic;

Whereas the Government of the French Republic undertakes to exercise this mandate on behalf of the League of Nations, in accordance with the said articles:

The Council of the League of Nations approves the terms of the mandate for Syria and Lebanon.

Article I

The mandatory shall, within a period of three years from the coming into force of this mandate, draw up an organic law for Syria and Lebanon. This organic law shall be prepared in agreement with the native authorities and shall take into consideration the rights, interests and desires of all the peoples inhabiting the mandated territory. The mandatory shall further enact measures [Page 121] to facilitate the progressive development of Syria and Lebanon as independent states. Pending the coming into force of the organic law, the government of Syria and Lebanon shall be carried on in accordance with the spirit of this mandate.

The mandatory power shall, as far as circumstances permit, encourage local autonomy.

Article II

The mandatory shall be empowered to maintain its troops in the mandated territories for the defense of the territory. It shall further be empowered, until such time as the organic law shall come into force and public security be restored, to organize such local militia as may be necessary for the defense of the territory and to use this militia for defense and also for the maintenance of order. These local forces shall be recruited from among the inhabitants of the mandated territory only.

The militia shall be under local authorities, subject to the control which the mandatory shall retain over these forces.

The mandatory shall prevent the employment of the militia for other purposes than those mentioned above. Nothing shall prevent Syria and Lebanon from sharing the cost of maintaining the forces of the mandatory stationed in their territory.

The mandatory shall at all times possess the right to make use of the ports, railways and means of communication of Syria and Lebanon for the passage of its troops and of all materials, supplies, and munitions.

Article III

The foreign relations of Syria and Lebanon, and the granting of exequaturs to the consuls of foreign powers shall be exclusively within the jurisdiction of the mandatory. Nationals of Syria and Lebanon, living outside the limits of these territories shall be under the diplomatic and consular protection of the mandatory.

Article IV

The mandatory shall guarantee Syria and Lebanon against the loss or leasing of all or part of the territory, and against the establishment of any control on the part of a foreign power.

Article V

Privileges and immunities granted to foreigners, including consular jurisdiction and protection as formerly practiced in the Ottoman Empire by virtue of the capitulations and of custom, shall [Page 122] not be applicable in Syria and the Lebanon. At the same time, foreign consular tribunals shall continue to perform their duties until the coming into force of the new legal organization provided for in article 6.

Article VI

The mandatory shall establish in Syria and Lebanon a legal system which shall assure to natives, as well as to foreigners, a complete guarantee of their rights.

Respect for the personal status of the various peoples and for their religious interests shall be fully guaranteed. In particular, the mandatory shall control the administration of the Wakufs, in complete accordance with the religious laws and the wishes of the founders.

Article VII

Pending the conclusion of special extradition agreements, the extradition treaties at present in force between the foreign powers and the mandatory shall be carried out within the territories of Syria and Lebanon.

Article VIII

The mandatory shall guarantee to all persons entire liberty of conscience and also the free exercise of all forms of worship which are compatible with public order and good morals. It will be the duty of the mandatory to see that the extradition treaties in force between foreign powers and the mandatory are observed in the territories of Syria and Lebanon. There shall be no inequality of treatment between the inhabitants of Syria and Lebanon arising from differences in race, religion, or language.

The mandatory shall encourage such public instruction, in the native languages, as is customary in the territories of Syria and Lebanon.

The right of communities to keep their own schools for the instruction and education of their members in their own language shall not be infringed, provided that they conform to the general regulations for public instruction imposed by the administration.

Article IX

The mandatory shall refrain from all interference in the administration of “conseils de fabrique” or in the management of religious communities and sacred places belonging to the various religions, the immunity of which has been expressly guaranteed.

[Page 123]

Article X

The control exercised by the mandatory over the religious missions in Syria and Lebanon shall be limited to the maintenance of public order and sound administration; the activities of these religious missions shall in no way be restricted, nor shall their members be subjected to any restrictive measures on the ground of nationality, provided that their activities are confined to the domain of religion.

Religious missions shall be able likewise to engage in works of instruction and public charity, subject to the general right of regulation and supervision of the mandatory or of the states under mandate, in matters of education, instruction, and public charity.

Article XI

The mandatory shall not act in any way which in Syria or Lebanon might place the nationals (including societies and associations) of a state member of the League of Nations in a position of inferiority either as compared with its own nationals (including societies and associations) or with the nationals of any other foreign state, both in respect of fiscal or commercial matters and also from the point of view of the exercise of professions or industries, and of navigation and the treatment granted to ships and aircraft. In the same way, no differential treatment shall be accorded in Syria or Lebanon to goods coming from or intended for any of these states; there shall be freedom of transit, under equitable conditions, across the mandated territory.

Apart from these stipulations, the mandatory may introduce or cause to be introduced by the local authorities all necessary taxes and customs dues.

This regulation shall not affect the right of the mandatory, or of the local authority acting under its orders, to conclude, on grounds of contiguity, any special customs agreements with an adjoining country.

The mandatory shall have the right to take or to cause to be taken, subject to the stipulations of the first paragraph, all proper measures to assure the development of the natural resources of the mandated territories and to protect the interests of the local populations.

Concessions for the development of the said natural resources shall be granted without distinction by reason of nationality between the nationals of all states members of the League of Nations, but on conditions which will preserve intact the authority of the local government. No concession shall be granted having the character of a general monopoly. The stipulation of the present paragraph [Page 124] shall not prejudice the right of the mandatory power or the local states to institute monopolies of a fiscal character or to assure in certain particular cases the exploitation of the natural resources either directly by the state or “en régie”, or by any organ under its supervision, without there resulting therefrom any monopoly of natural resources for the benefit of the mandatory power.

Article XII

The mandatory shall, as regards Syria and Lebanon, adhere to such general international agreements as have been or may be concluded with the approval of the League of Nations, especially in respect of the following: slave traffic, trade in narcotics, traffic in arms and munitions, commercial equality, freedom of transit and navigation, aerial navigation, railways, postal, telegraphic or wireless communications, and measures for the protection of literature, art, and industries.

Article XIII

As far as social, religious, and other conditions permit, the mandatory shall assure the adhesion of Syria and Lebanon to such measures of common utility as the League of Nations may adopt for preventing or combating disease, including animal and plant diseases.

Article XIV

In the year following the coming into force of this mandate, the mandatory shall draw up and put into force a law dealing with antiquities, in accordance with the terms of the treaty of peace concluded between the Allied Powers and Turkey. This law shall assure equal treatment as regards excavations and archaeological research to all states members of the League of Nations.

Article XV

As soon as the organic law referred to in article I shall have come into force, the mandatory shall come to an agreement with the local authorities on the subject of its reimbursement by the latter for all expenses incurred by the mandatory in organizing the administration, developing local resources, and carrying out permanent public works the benefit of which the country would retain. This agreement shall be communicated to the Council of the League of Nations.

Article XVI

Arabic and French shall be the official language of Syria and Lebanon.

[Page 125]

Article XVII

The mandatory shall submit to the Council of the League of Nations an annual report on the measures taken during the year in the exercising of this mandate.

The text of all laws and regulations promulgated during the year shall be included in the report.

Article XVIII

The consent of the Council of the League of Nations shall be necessary for any modification in the terms of this mandate. The consent of a majority of the Council of the League shall be required for any modification proposed by the mandatory.

The Council of the League of Nations shall take all proper measures in order that the present mandate may not come to an end without the immunities and privileges of foreigners, including the benefit of consular jurisdiction and protection being reestablished as they existed on August 1, 1914, in the countries covered by this mandate, exception being made for the nationals of states which shall have renounced entirely or partially this reestablishment.

Article XIX

In case any difference of opinion should arise between the Members of the League of Nations regarding the interpretation or application of the articles of this mandate, the question shall be submitted to the Permanent Court of International Justice provided for in article XIV of the Covenant of the League of Nations.

Done at Geneva on . . . . . . . in one original, which shall be deposited in the archives of the Secretariat General of the League of Nations. Certified copies shall be sent by the Secretary General of the League of Nations to all powers signatory to the treaty of peace with Turkey.

[Enclosure 3—Translation10]

Draft Convention between the United States and France Regarding the Mandate for Syria and the Lebanon

Whereas by the peace treaty concluded with the Allied Powers the Ottoman Empire renounces all its rights and titles over Syria and the Lebanon,

Whereas by Article 22 of the Treaty of Versailles it was stipulated that these territories, having ceased to remain under Ottoman [Page 126] sovereignty, should be placed under the mandate of another power and that the terms of this mandate should be explicitly defined by the Council of the League of Nations,

Whereas the Principal Allied Powers have agreed that France should exercise the mandate over Syria and the Lebanon,

Whereas the terms of this mandate have been defined as follows by the Council of the League of Nations:

(Text of mandate.)

Whereas the mandate whose terms have just been reproduced shall be declared at the time of the coming into force of the peace treaty with Turkey,

Whereas the United States of America, by participating in the war against Germany, contributed to her defeat and to that of her allies and to the renunciation by her allies of their rights and titles over the transferred territories, but whereas the United States have not yet ratified the Pact of the League of Nations incorporated in the Versailles Treaty,

Whereas the President of the United States desires to give his adhesion to the exercise by France of a mandate over Syria and the Lebanon,

Whereas, as mandatory power for Syria and the Lebanon, the Government of the French Republic desires to assure to the United States and its citizens the same rights in Syria and the Lebanon as they would enjoy if the United States were a member of the League of Nations,

Whereas the President of the French Republic and the President of the United States of America have decided to conclude a Convention to this effect and have designated as their plenipotentiaries

. . . . . . . . . . . . . .

who, having exchanged their full powers found to be in good and due form, have agreed to the following provisions:

Article 1

Subject to the provisions of the present convention, the United States of America declares itself in accord that France shall exercise over Syria and the Lebanon the mandate defined above.

Article 2

The United States and its nationals shall benefit by all the obligations assumed by France by the terms of this mandate, including the engagements concerning economic equality, notwithstanding the fact that the United States is not a member of the League of Nations.

[Page 127]

Article 3

It is also understood that American property rights in Syria and the Lebanon shall be respected and protected.

Article 4

An authentic text of the annual report to be presented by the mandatory power pursuant to article 17 of the mandate will be sent to the United States.

Article 5

No modification which would affect the rights accruing from the present convention shall be made to the terms of the mandate hereinabove reproduced unless such modification shall have been assented to by the United States.

Article 6

The present convention shall be ratified and the ratifications exchanged as soon as possible. It shall take effect from the day of the exchange of ratifications. In the event that, at the date of its taking effect, the mandate should not have already been declared by the Council of the League of Nations, the Government of the French Republic undertakes to execute insofar as possible the present convention in the application it already makes of the mandate at the request of the Council of the League of Nations.

  1. Not printed.
  2. See telegram no. 377, Aug. 7, 1921, to the Ambassador in France, Foreign Relations, 1921, vol. i, p. 922.
  3. Ibid., p. 925.
  4. For text of draft convention regarding Palestine, see p. 282.
  5. File translation revised.
  6. File translation revised.