800.01 M 31/125: Telegram

The Secretary of State to the Ambassador in Great Britain (Harvey)

199. Reference my No. 198, July 8, 2 p.m.,47 subject British mandate for East Africa. Following is text of proposed treaty concerning British part of former Colony of German East Africa. This text will apply mutatis mutandis in the case of the British mandates for Togoland and the Cameroons. Please note that in Article 2 of Treaties for Togoland and Cameroons, reference should be to Articles 2, 3, 4, 5, 6, 7, 8 and 9 of the respective mandates:

“Draft treaty with Great Britain. East Africa.

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

Whereas by article 22 of the same instrument it was provided that certain territories, which as a result of the war had ceased to be under [Page 326]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 explicitly defined in each case by the Council of the League of Nations; and

Whereas the benefits accruing to the United States under the aforesaid Article 119 of the Treaty of Versailles were confirmed by the Treaty between the United States and Germany, signed on August 25, 1921, to restore friendly relations between the two nations; and

Whereas four of the Principal Allied and Associated Powers, to wit: the British Empire, France, Italy and Japan, agreed that His Britannic Majesty should exercise the mandate for part of the former Colony of German East Africa; and

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

(Terms of Mandate except the preamble)

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 over her oversea possessions, but has not ratified the Treaty of Versailles; and

Whereas the Government of the United States and the Government of Great Britain desire to reach a definite understanding with regard to the rights of the two Governments and their respective nationals in the aforesaid former Colony of German East Africa:

The President of the United States of America and His Britannic Majesty have decided to conclude a convention to this effect, and have nominated as their plenipotentiaries

Who . . . . . . . have agreed as follows:—

Article 1

Subject to the provisions of the present Convention, the United States consents to (concurs in) the administration by His Britannic Majesty, pursuant to the aforesaid mandate of the former German territory, described in Article 1 of the Mandate.

Article 2

The United States and its nationals shall have and enjoy all the rights and benefits secured under the terms of Articles 3, 4, 5, 6, 7, 8, 9, and 10 of the mandate to members of the League of Nations and their nationals, notwithstanding the fact that the United States is not a member of the League of Nations.

Article 3

Vested American property rights in the mandated territory shall be respected and in no way impaired.

Article 4

A duplicate of the annual report to be made by the mandatory under article 11 of the mandate shall be furnished to the United States.

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Article 5

Nothing contained in the present Convention shall be affected by: any modification which may be made in the terms of the mandate as recited above unless such modification shall have been assented to by the United States.

Article 6

The extradition treaties and conventions in force between the United States and the United Kingdom shall apply to the mandated territory.

Article 7

The present Convention shall be ratified in accordance with the respective constitutional methods of the High Contracting Parties. The ratifications shall be exchanged in London as soon as practicable. It shall take effect on the date of the exchange of ratifications.

In witness whereof . . . . . . .

Done in duplicate at . . . . . . ., this … day of . . . . . . .”.

Hughes
  1. Not printed; see memorandum of July 8 to the British Embassy, supra.