711.90 d 3/17: Telegram
The Secretary of State to the Ambassador in France (Herrick)
391. Your 3583 October 12.
Consul Beirut telegraphs as follows, under date of October 18, 5 p.m.
“I have been notified by the French High Commissioner that since the League of Nations confirmed the French mandate in Syria and the Lebanon on September 29, 1923, the following ordinance will go into effect on November 1, 1923.
Under article five of the mandate as drawn up on July 24, 1922, all privileges and immunities of foreigners, including consular jurisdiction and protection as they were formerly applied in the Ottoman Empire, by virtue of the capitulations and custom will be abolished on November 1st, 1923.
However, Consular courts will function until December 31st, 1923. After January 1st, 1924, the judicial organization provided for in article six of the mandate will go into effect.
High Commissioner promises suitable prisons for foreigners until Syrian prisons are modernized and has given instruction that the new regime be tactfully inaugurated, so as to create least possible friction. Please instruct me by telegraph what attitude the Department wishes me to assume.”
You should take an early opportunity to inform the French Foreign Office, either orally or in writing, as you may consider most expedient, that Department is prepared to resume the negotiations with the French Government for the conclusion of a Treaty with France with regard to the Syrian mandate as outlined in Department’s communication to French Embassy of July 12, 19222 (see Department’s written instruction No. 372 of July 14, 19223). Prior to the conclusion of such a treaty, however, this Government could not acquiesce in modification of existing rights of its nationals in Syria.
You may further add that this Government would naturally desire to be informed of any agreements which France may have entered into with any Third Power with regard to Syria and in the light of such agreements would reserve the right to suggest modifications in the Treaty draft of July 12, 1922 which was submitted on the assumption that the Mandate as approved by the League of Nations fully defined the position in Syria of all the States members of the League.
Department’s records do not clearly indicate whether French Foreign Office made written reply to Department’s note of July 12.
See your 288, July 17, 1922.4
Report by telegraph result of your representations.