Papers Relating to the Foreign Relations of the United States, 1922, Volume II

862q.01/8

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

Paris, June 30, 1922.
[Received July 11.]

No. 2086

Sir: With reference to my telegram No. 263, June 29th, 6 P.M.,²⁵ I have the honor to transmit herewith copy and translation of the proposed texts of the French Mandate for the Cameroons and the Franco–American Treaty in regard thereto. A copy and translation of the accompanying Note from the Ministry for Foreign Affairs is likewise forwarded.

I have [etc.]

Myron T. Herrick

[Enclosure 1—Translation]

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

Paris, June 28, 1922.

Mr. Ambassador: By his letter of April 6th last,²⁶ Your Excellency was good enough to inform me of the wishes of the Government of the United States concerning the changes to be made in the clauses of the draft mandates for the French parts of Togoland and the Cameroons.

Very naturally, these wishes have been examined in the most friendly spirit and it seems easy to give satisfaction to the American Government. The Government of the Republic is quite disposed to conclude agreements with the Federal Government which will recite the articles of the mandates by setting forth the obligations of the mandatory and acknowledging undertakings which will accord the protection which is due to the rights and interests of the United States.

I have the honor to set forth hereafter the various points raised by Your Excellency in His aforementioned communication of April 6th last.

Concerning the first point, (Discrimination), the enclosed drafts of a treaty will give every satisfaction to the Government of the United States.

(2) Missionaries and Religious Freedom.—A slight change inserted in Article 7 of the draft mandate will also give satisfaction to the Washington Government.

(3) Customs Unions.—Neither does this point offer any objections on the part of the Government of the Republic and the end of Article 9 of the draft mandate will give the required satisfaction.

(4) Modification of Mandate.—Article 4 [5] of the draft treaty will give to the American Government the satisfaction it desires.

(5) Extradition,—Article 6 will give satisfaction to the American Government.

I venture to hope that, under these circumstances, the enclosed text will meet with the approval of the Government of the United States and, in this event, I am at the disposal of Your Excellency to sign the treaties with him, the draft of which is enclosed, as soon as the Council of the League of Nations shall have given its approval to the new text of the draft mandate.

I venture to point out to you the urgency which exists to establish the agreement of the two Governments so that the question of the B mandates may be submitted to the Council of the League of Nations at its next meeting, that is to say before July 15th next.

Please accept [etc.]

R. Poincaré

[Enclosure 2—Translation²⁷]

Draft Mandate for the Cameroons²⁸

The Council of the League of Nations:

Whereas by article 119 of the Treaty of Peace with Germany signed at Versailles on June 28, 1919, Germany renounced in favor of the Principal Allied and Associated Powers all her rights over her oversea possessions, including therein the Cameroons;

Whereas the Principal Allied and Associated Powers agreed that the Governments of France and Great Britain should make a joint recommendation to the League of Nations as to the future of the said territory;

Whereas the Governments of France and Great Britain have made a joint recommendation to the Council of the League of Nations that a mandate to administer in accordance with article 22 of the Covenant of the League of Nations, that part of the Cameroons lying to the east of the line agreed upon in the declaration of July 10, 1919, of which mention is made in article 1, below, should be conferred upon the French Republic;

Whereas the Governments of France and Great Britain have proposed that the mandate should be formulated in the following terms;

Whereas the French Republic has agreed to accept the mandate in respect of the said territory and has undertaken to exercise it on behalf of the League of Nations;

Hereby approves the terms of the said mandate as follows:

Article 1

The territory over which a mandate is conferred upon France comprises that part of the Cameroons which lies to the east of the line laid down in the Franco–British declaration signed on July 10, 1919, of which a copy is annexed hereto.²⁹

This line may however be slightly modified by agreement concluded between the Government of His Britannic Majesty and the Government of the French Republic, on points where, either in the interest of the inhabitants or because of the inexactitude of the map (Moisel I/300,000) annexed to the declaration, an examination of the localities would show it to be undesirable to maintain exactly the line indicated.

The delimitation on the spot of this line shall be carried out in accordance with the provisions of the said declaration.

The final report of the Mixed Commission shall give the exact description of the boundary line as traced on the spot; maps signed by the commissioners shall be annexed to the report. This report with its annexes shall be drawn up in triplicate, one of these shall be deposited in the archives of the League of Nations, one shall be kept by the Government of the Republic and one by His Britannic Majesty’s Government.

Article 2

The mandatory shall be responsible for the peace, order and good government of the territory, and for the promotion to the utmost of the material and moral well-being and the social progress of its inhabitants.

Article 3

The mandatory shall not establish in the territory any military or naval bases, nor erect any fortifications nor organize any native military force except for local police purposes and for the defense of the territory.

It is understood, however, that the troops thus raised may, in the event of general war, be utilized to repulse an attack or for defense of the territory outside that over which the mandate is administered.

Article 4

The mandatory:

(i) shall provide for the eventual emancipation of all slaves and for as speedy an elimination of domestic and other slavery as social conditions will allow;

(ii) shall suppress all forms of slave trade;

(iii) shall prohibit all forms of forced or compulsory labor, except for essential public works and services and then only in return for adequate remuneration;

(iv) shall protect the natives from abuse and measures of fraud and force by the careful supervision of labor contracts and the recruiting of labor;

(v) shall exercise a strict control over the traffic in arms and ammunition and the sale of spirituous liquors.

Article 5

In the framing of laws relating to the holding or transference of land the mandatory shall take into consideration native laws and customs, and shall respect the rights and safeguard the interests of the native population.

No native land may be transferred, except between natives, without the previous consent of the public authorities, and no real rights over native land in favor of non-natives may be created except with the same consent.

The mandatory shall promulgate strict regulations against usury.

Article 6

The mandatory shall secure to all nationals of states members of the League of Nations the same rights as are enjoyed in the territory by his own nationals in respect of entry into and residence in the territory, the protection of person and property, the acquisition of personal and real property, the exercise of their profession or trade, subject only to the requirements of public order, and on condition of compliance with the local law.

Further, the mandatory shall ensure to all nationals of states members of the League of Nations, on the same footing as his own nationals, freedom of transit and navigation, and complete economic, commercial, and industrial equality; provided that the mandatory shall be free to organize essential public works and services on such terms and conditions as he thinks just.

Concessions for the development of the natural resources of the territory shall be granted by the mandatory without distinction on grounds of nationality between the nationals of all states members of the League of Nations, but on such conditions as will maintain intact the authority of the local government.

Concessions having the character of a general monopoly shall not be granted. This provision does not affect the right of the mandatory to create monopolies of a purely fiscal character in the interest of the territory under mandate and in order to provide the territory with fiscal resources which seem best suited to the local requirements; or, in certain cases, to carry out the development of natural resources either directly by the state or by a controlled agency, provided that there shall result therefrom no monopoly of the natural resources for the benefit of the mandatory or his nationals, directly or indirectly, or any preferential advantage which shall be inconsistent with the economic, commercial, and industrial equality hereinbefore guaranteed.

The rights conferred by this article extend equally to companies and associations organized in accordance with the law of any of the members of the League of Nations, subject only to the requirements of public order, and on condition of compliance with the local law.

Article 7

Subject to the provisions of any local law for the maintenance of public order and good morals, the mandatory shall ensure throughout the territory freedom of conscience and free exercise of all forms of worship, and, subject to the supervision which would be necessary for the maintenance of good administration, shall grant freedom to all missionaries, nationals of any state member of the League of Nations, to enter, travel, and reside in the territory for the purpose of exercising their calling, to acquire and hold property, to erect buildings for religious purposes, and to open schools.

Article 8

The mandatory shall apply to the territory any general international conventions applicable to his contiguous territory.

Article 9

The mandatory shall have full powers of administration and legislation in the area subject to the mandate. This area shall be administered in accordance with the laws of the mandatory as an integral part of his territory and subject to the preceding provisions.

The mandatory shall therefore be at liberty to apply his laws to the territory under the mandate subject to the modifications required by local conditions, and to constitute the territory into a customs, fiscal, or administrative union or federation with the adjacent territories under his sovereignty or control, on condition that the measures adopted to this end do not operate against the provisions of the present mandate.

Article 10

The mandatory shall make an annual report to the Council of the League of Nations. This report shall contain full information concerning the measures taken to apply the provisions of the present mandate.

Article 11

The consent of the Council of the League of Nations is required for any modification of the terms of the present mandate.

Article 12

If any dispute whatever should arise between the members of the League of Nations relating to the interpretation or application of the present mandate which cannot be settled by negotiations, this dispute shall be submitted to the Permanent Court of International Justice provided for by article 14 of the Covenant of the League of Nations.

The present copy shall be deposited in the archives of the League of Nations. Certified copies shall be forwarded by the Secretary General of the League of Nations to all members of the League.

[Enclosure 3—Translation³⁰]

Draft Convention between the United States and France Regarding the Mandate for the Cameroons³¹

Whereas by article 119 of the Treaty of Peace of Versailles of June 28, 1919, Germany renounced in favor of the Principal Allied and Associated Powers all her rights and titles over her oversea possessions,

Whereas by article 22 of the said Treaty it was stipulated that certain territories, which as a result of the war have ceased to be under the sovereignty of the states which formerly governed them, should be placed under the mandate of another power and that the terms of the mandate should be expressly defined in each case by the Council of the League of Nations,

Whereas the Principal Allied and Associated Powers have agreed that France should exercise the mandate over a part of the territory of the Cameroons,

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

(Text of mandate.)

Whereas the United States of America, by participating in the war against Germany contributed to her defeat and to the renunciation of her rights and titles to her oversea possessions but has not ratified the Treaty of Versailles,

Whereas the President of the United States desires to give his adhesion to the exercise by France of a mandate over a part of the territory of the Cameroons,

Whereas, lastly, the French Republic as mandatory power for a part of the territory of the Cameroons desires to assure in this territory to the United States of America and its citizens the same rights as they would enjoy if the United States were a member of the League of Nations,

To this end, the President of the French Republic and the President of the United States of America have decided to conclude a convention and have nominated as their plenipotentiaries. … who, having exchanged their full powers which were recognized as being 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 be entrusted with the aforementioned mandate over a part of the Cameroons, hereafter designated under the name of mandated territory, and shall exercise the administration pursuant to the terms of the said mandate.

Article 2

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

Article 3

The property rights acquired by Americans in the mandated territory will be respected and not infringed upon in any manner.

Article 4

A duplicate of the annual report, which the mandatory power must make in execution of Article II [10] of the mandate, will be sent to the Government of the United States.

Article 5

The modifications which might be made to the terms of the mandate reported above, shall be without effect on any of the provisions contained in the present convention unless these modifications shall have received the consent of the United States.

Article 6

Extradition treaties and conventions in force between France and the United States of America shall apply to the mandated territory.

Article 7

The present convention shall be ratified pursuant to the respective constitutional methods of the high contracting parties. Ratifications shall be exchanged at Paris as soon as possible. The present convention shall take effect from the date of the exchange of ratifications.

In testimony whereof, etc.

Done in duplicate at Paris, etc.

25. Not printed.
26. See telegram no. 104, Apr. 4, to the Ambassador in France, p. 134.
27. File translation revised.
28. The same, mutatis mutandis, as draft mandate for Togoland (file no. 862p.01/11).
29. Not printed.
30. File translation revised.
31. The same, mutatis mutandis, as draft convention for Togoland (file no. 862p.01/11).