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

No. 3043

Sir: The Department refers to its instruction No. 2742 of April 21, 1928, and to the Embassy’s despatches No. 9024 of October 9, 1928,37 [Page 837] and No. 9211 of December 14, 1928, in further relation to the apparent violations of Article 7 of the Consular Convention of 1853 by the decisions of various French courts in landlord and tenant cases, and encloses for your information a copy of a press statement appearing in the New York Times of January 16, 1929.38

The Department notes from the Embassy’s despatch of December 14, 1928, that so far the question of principle involved in the interpretation of Article 7 of the Convention of 1853 has never been answered by the Foreign Office. The Department leaves to your discretion the advisability of bringing greater pressure to bear upon the Foreign Office to answer the representations contained in the Department’s instruction of April 21, 1928. Unless there are cases at the present time in which American citizens are suffering undue hardships as a result of the French authorities actions in enforcing the French law of April 1, 1926, it would seem unnecessary to take special means to obtain an early answer from the Foreign Office. If, however, you feel that important American interests are being prejudiced by the failure of the French Foreign Office to reach a decision in this matter you may take this case up personally with the appropriate authorities and state that you are doing so under new instructions from your Government. In any event you are requested to keep the Department closely advised of developments in this matter.

I am [etc.]

For the Secretary of State:
J. Reuben Clark, Jr.
  1. Despatch No. 9024 not printed.
  2. Enclosure not printed.