791.003/38
The Minister in Persia (Philip) to the Secretary of State
[Received August 5.]
Sir: I have the honor to confirm the receipt of the Department’s telegraphic instruction No. 28 of June 24—4 p.m., which authorized me to reply informally to a note received from the Persian Acting [Page 589] Minister of Foreign Affairs, dated the 20th instant, on the subject of the abrogation of the Treaty of 1856 between the United States and Persia and the intention of the Persian Government to abolish all capitulatory rights and privileges on May 10, 1928.
I have the honor to transmit herewith a translation of the above mentioned Persian note of the 20th instant, together with a copy of my reply thereto of the 26th instant, which I hope will meet with the Department’s approval.
I am glad the Department deemed it advisable to take this action, for it seems timely and proper for our Government to demonstrate plainly its attitude in the matter brought up by the Persian Government. I have not been agreeably impressed by the methods adopted by that Government in the matter and, much as I sympathize with such a national desire as that which is to be inferred from its gesture, in the large, I feel that its manner of treating the subject has denoted a certain lack of consideration for and confidence in the friendship ever manifested by the United States. What I have instinctively felt in this connection may be the outcome of an attitude assumed by Persia with the idea of impressing all the powers with the seriousness of her determination—and a consequent reaction of self consciousness in the act. But I think, in the absence of any special indications of regard for our interests, it is well for our Government to maintain its attitude of firmness and reserve for the time being.
It is, perhaps, superfluous for me to mention that the information requested of the Persian Government respecting the details of the judicial establishment, etc., with which it is intended to replace the consular courts of the various treaty powers, would be exceedingly difficult to supply at this juncture. Apart from the untried results of the feverish activities of Mirza Ali Akbar Davar, Minister of Justice, to institute reforms in the judiciary, there is but little evidence of the existence of any fundamental modernization of judicial procedure in Persia.
Furthermore, the recent action of the Government in transferring the jurisdiction of the Kargozariats, or “Foreign Office Tribunals”, throughout the country from the Ministry of Foreign Affairs to that of the Ministry of the Interior has not decreased the feeling of uneasiness relative to the protection of the interests of foreign nationals.
On the 21st instant, my German colleague called upon me and stated that he had received from the Acting Minister of Foreign Affairs a note similar to that addressed to me on the 20th instant. He said our Belgian colleague was away, but he understood that a like communication had been addressed to him. He said he thought the Persian communication unsatisfactory and that our Governments should insist upon their requests for information upon which to base [Page 590] their consideration of the question of negotiations for new treaties. Count Schulenburg said he had already explained to the Acting Foreign Minister that it is most probable his Government will wish to select experts to participate in possible treaty negotiations in Teheran.
Prior to doing this, his Government desires authentic data as to what conditions will replace those now existing in the matter of justice for its nationals, etc. He said he contemplated acknowledging informally the Acting Foreign Minister’s note and at the same time reiterating his Government’s request for the information desired.
I have not yet learned whether the German Minister took this action, or what action has been taken by the Belgian Minister.
There does not appear to have been any further development in the situation, as between Persia and the other powers interested.
I have [etc.]