800.01 M 31/186

The Chargé in Great Britain (Wheeler) to the Secretary of State

No. 3181

Sir: Supplementing my telegram No. 533, of November 30th, 1923,19 I have the honor to enclose copies in triplicate of Lord Curzon’s note, dated November 26th, 1923, concerning the proposed Anglo-American Treaties affecting the former German territories in Central Africa now administered by His Majesty’s Government under Mandate on behalf of the League of Nations.

I have [etc.]

Post Wheeler
[Enclosure]

The British Secretary of State for Foreign Affairs (Curzon) to the Chargé in Great Britain (Wheeler)

No. W8985/70/98

Sir: It was with much gratification that His Majesty’s Government learnt from Mr. Harvey’s note of the 24th March last20 that the United States Government were now in agreement with them as to the substantive portion of the proposed Anglo-American treaties affecting the former German territories in Central Africa now administered by His Majesty’s Government under mandate on behalf of the League of Nations.

2.
The delay which has arisen in replying to that note has been caused by the difficulties found to exist in the text of the preamble [Page 231] suggested by the United States Government for the treaties in question; His Majesty’s Government regret that they have not been able, after careful consideration, to overcome their objection to certain passages in this text.
3.
In the first place, reference is made to the suggested preamble to benefits accruing to the United States under article 119 of the Treaty of Versailles and confirmed by the Treaty between the United States and Germany signed on August 25th, 1921. His Majesty’s Government cannot admit that any benefits have accrued to the United States under a treaty which the latter have not ratified, or that, in the case of the territories now under mandate, Germany retained after the entry into force of the Treaty of Versailles any rights over or in them which she could subsequently transfer to the United States. As was stated in Mr. Harvey’s memorandum of the 24th August, 1921,21 the renunciation made by Germany under article 119 of the Treaty of Versailles was indivisible and no part of the sovereignty over the territories affected remained to Germany thereafter.
4.
Paragraph 4 of the suggested preamble states that Japan agreed, and implies that the United States did not agree, that His Britannic Majesty should exercise the mandates now in question. His Majesty’s Government are unable to set their signature to a text containing either statement or implication. As is well known, the allocation of the mandates was made unanimously at a meeting of the Supreme Council at Versailles on May 7th, 1919 at which President Wilson, but no Japanese representative, was present. Japan had no part in the allocation; and though Mr. Wilson has repudiated any participation in the decision relating to the island of Yap, I am not aware that it has hitherto been claimed that he did not agree to the distribution of the other mandates.
5.
His Majesty’s Government have no desire to enter into controversy on these matters; it would [in] their view be of no advantage to do so. It was with the object of avoiding argument that they proposed the simple form of preamble set forth at the end of my note of the 30th September, 1922.22 They entertain the hope that after further consideration the United States Government will be able to accept either that text or some other which does not raise the difficulties which I have ventured to point out.

I have [etc.]

Curzon of Kedleston
  1. Not printed.
  2. See telegram no. 61, Mar. 21, to the Ambassador in Great Britain, p. 228.
  3. See telegram no. 448, Aug. 4, 1921, to the Ambassador in Great Britain, Foreign Relations, 1921, vol. ii, p. 106.
  4. ibid., 1922, vol. ii, p. 330.