800.01 M 31/152: Telegram

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

61. Reference your despatch No. 1748 of October 11, 1922, and to enclosed British note of September 30,12 subject African mandates. Please present to Lord Curzon a note as follows:

“With reference to Your Lordship’s note of September 30, 1922, regarding the British mandates for the administration of certain [Page 229] former German territories in tropical Africa and the proposed treaties relative thereto, I have the honor to inform Your Lordship that my Government, animated by the desire of reaching an early agreement with the British Government in this matter, and in view of the assurances contained in paragraph 5 of your note that the British Government has not the slightest intention to discriminate against United States nationals or institutions by subjecting their operations to restrictions not equally applicable to British nationals and institutions, is disposed to accept the wording proposed by the British Government for Article 8 of the Mandate for East Africa and Article 7 of the Mandates for Togoland and the Cameroons, which is substantially similar to paragraph 1 of Article 2 of the Treaty between the United States and Japan, regarding the former German Islands North of the Equator,13 without making this acceptance subject to the insertion in the treaties of an additional article.

It is understood, however, that such acquiescence in the proposals of the British Government with regard to African Mandates in no way affects the position heretofore taken by the Government of the United States with regard to American missionary and educational institutions in territories which may come under A mandates.

My Government regrets that, with regard to the preamble of the African treaties, it is unable to concur in the proposal set forth in Paragraph 7 of Your Lordship’s note. However, the Government of the United States, having in mind the position taken in Paragraph 5 of the British note of October 2,14 as to the preamble for the treaty relating to the Palestine mandate, and the desirability of making the treaties with Great Britain and the treaties with France as to the African territories identical in form and substance, is confident that the British Government will not find it impossible to adopt the text proposed in a memorandum to the British Ambassador of July 8, 1922,15 which text is substantially the same as that used in the French treaties which have been recently signed.16

I have the honor to state further that my Government is willing to proceed immediately to the signature of these proposed conventions, the full texts of which are contained in the drafts transmitted herewith.”

[Paraphrase.] You are requested to draw up texts of conventions, in which you should follow draft contained in Department’s telegram of July 10,17 altered as follows:

In article 1 of the treaty you should use the words “consents to”, and also add the phrase “hereinafter called the mandated territory”.

For article 7 of the mandates for Togoland and Cameroons, and for article 8 of mandate for East Africa, you should employ wording suggested in British note of September 30.

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The Department is much gratified that negotiations with French Government have reached satisfactory conclusion by signature on February 13 of treaties relating to African territories under French mandate. There is well-founded expectation also that in a few days an identical treaty will be signed at Brussels respecting Belgian mandate in Africa.18 The Department hopes that as early as possible you will proceed to signature of proposed British treaties. Requisite full powers will be supplied to you by cable.

In order to avoid possible errors in this instruction as transmitted, the Paris Embassy has been asked to forward to you copies of English text of treaties with France which you should compare with your own draft. Preamble of French treaties should be particularly noted and followed in British treaties. [End paraphrase.]