851 W.512/14

The Ambassador in France ( Herrick ) to the Secretary of State

No. 7147

Sir: I have the honor to refer to the Department’s instruction No. 2052 of October 12, 1926 (File No. 851W.512/11), concerning the applicability of the Consular Convention of 1853 to real estate rights in, Madagascar.

I am enclosing herewith the copy and translation of a note received from the Foreign Office dated the 8th instant, which states that the text of Article 7 of the Treaty of 1853 refers to the “States of the Union” and to “France,” and that it therefore is inapplicable to the colonies of either country.

I have [etc.]

For the Ambassador:
Sheldon Whitehouse

Counselor of Embassy
[Enclosure—Translation]

The French Ministry of Foreign Affairs to the American Embassy

By note dated October 22nd last, the Embassy of the United States, in support of the claims of American citizens in regard to real estate in Madagascar, invoked Article 7 of the Consular Convention of February 23, 1853.

The Ministry has the honor to point out to the Embassy that the text of this Article 7 regulates the right to possess real estate solely in the “States of the Union” and in “France.” It therefore cannot apply to the colonies of either country.

[Page 134]

The term “France” used in the agreement of 1853 can only apply to the continental territory of the Republic and not to Madagascar which was not a French colony in 1853.