Papers Relating to the Foreign Relations of the United States, 1927, Volume III

791.003/38

The Minister in Persia (Philip) to the Secretary of State

Teheran, June 28, 1927.
[Received August 5.]

No. 380

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 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 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.]

Hoffman Philip

[Enclosure 1—Translation]

The Persian Acting Minister for Foreign Affairs (Pakrevan) to the American Minister (Philip)

Khordad 29, 1306/June 20, 1927.

No. 3644/216

Mr. Minister: I have the honor to acknowledge the receipt of Your Excellency’s note No. 182 of May 17, 1927,⁴⁵ taking cognizance of the note presented by the Ministry for Foreign Affairs under No. 1845/74 of Ordibehesht 19, 1306 (May 10, 1927). In reply I find it necesssary to express my happiness and gratitude for the good will of Your Excellency’s Government with regard to the decision of the Persian Government and to invite your attention to the following points:

1. The right of termination anticipated for both parties in the Treaty of 1856 is not contingent on any condition of any nature and authorized both parties after the expiration of the period of the treaty to take action for its termination at any time they desire.

Therefore, as pointed out in the previous note, the aforesaid treaty is denounced on Ordibehesht 19, 1306 (May 10, 1927), the date when the Persian Government has exercised its right of denouncement. It is the intention of the Persian Government in future not to grant to any Government the aggregation of the rights and privileges known as capitulatory rights, but it is at the same time the height of its desire that, within the one year period in which the treaty still holds good, an agreement be reached for the consummation of a new treaty, so that from May 10, 1928, the treaty relations between the two Governments should not become non-existent.

2. The reform and completion of the laws and of the judicial affairs of the country which are considered to be internal affairs of the country, and to which the Persian Government is giving thorough consideration, will have no connection with the denouncement of former treaties and the consummation of new ones in the future.

In consideration of the foregoing points and in view of the ties of friendship and the cordial relations that have existed between the two Governments, it is sincerely hoped that as intimated in your answering letter the officials of Your Excellency’s Government will soon take action for the consummation of a new treaty.

I avail myself [etc.]

Pakrevan

[Enclosure 2]

The American Minister (Philip) to the Persian Acting Minister for Foreign Affairs (Pakrevan)

Teheran, June 26, 1927.

No. 193

My Dear Excellency: With regard to Your Excellency’s note of the 20th instant, relative to the denouncement by the Imperial Government of its Treaty with the United States and to its intention to abolish capitulatory rights and privileges on May 10, 1928, I beg informally to solicit Your Excellency’s kind attention to the following observations.

My Government is in no way disposed to question the right of the Imperial Government to declare its intention to terminate the Treaty of 1856 between Persia and the United States, or to suggest that the validity of such notice is contingent upon any conditions whatever.

My Government finds that the information requested in my note of May 17th last, is necessary to it for the sympathetic consideration, which it hopes to be able to accord, of the several questions raised by Your Excellency’s note of May 10th last.

In this last connection, I beg to take this opportunity of suggesting that it would be regrettable, for instance, if my Government, owing to the lack of information from authentic sources, should find itself unable to give the weight it would otherwise wish to the changes it understands the Imperial Government purposes to initiate in the near future.

Please accept [etc.]

Hoffman Philip

45. See telegram No. 19, May 16, to the Minister in Persia, p. 576.