711.672/65: Telegram
The Special Mission at Lausanne to the Secretary of State
[Received 5:30 a.m.]
393. Two treaty drafts have been prepared in consultation with Hackworth. Our first draft, which is predicated in general upon most-favored-nation treatment, contains somewhat detailed provisions based on the Allied establishment convention and on the Department’s draft sent with Turlington, with modifications suggested by the Spanish draft.72 Our second draft rests entirely upon a general most-favored-nation article, and omits all detailed provisions …
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In both drafts it is provided that the treaties heretofore concluded between the United States and Turkey shall, except as otherwise provided, absolutely cease and terminate on the date of the coming into force of the present treaty. The abrogation of the capitulations is accepted by the high contracting parties, each insofar as it is concerned. The rights of the American consular courts in Turkey to constitute in due course cases actually pending are not prejudiced by provisions of this article.
Articles on naturalization, claims, diplomatic and consular relations, and affirmation of extradition treaty occur in both drafts.
The second draft, which is also the shorter, appears to have the following advantages:
- (1)
- Its practical benefits appear to be not inferior to those conferred by the longer draft.
- (2)
- It will save time in negotiation. The conference seems to be nearing its close, and the Turkish delegation is impatient to return to Angora.
- (3)
- The mood of the Turkish delegation is so acutely sensitive that they will be prone to examine the text of the treaty laboriously and in detail.
- (4)
- In view of the fact that the stability of the present Turkish government is not yet assured and that in a year or two we may obtain better terms, it should be desirable to avoid detailed provisions.
- (5)
- The view advocated by Admiral Bristol that, for the present, the detailed provisions of a treaty are of less practical value than particular solutions worked out locally, and serving as precedents.
These considerations incline us to favor the shorter draft. But we can readily understand that the Department may be moved by other considerations to decide upon the longer one. Public opinion in the United States and opinion in the Senate might be more favorably impressed by the more detailed instrument, and a specific statement of guarantees for the future may inspire greater confidence among business circles which have interests in Turkey. It would be helpful, therefore, if the Department would send us an expression of its views or draw up instructions for our guidance in preparing a draft for presentation at our meeting on Monday with the Turkish experts. The short draft is the one we favor.