711.922/95: Telegram

The Secretary of State to the Minister in Siam (Neville)

22. Your No. 28, October 16, 9.00 p.m.

Article 1, paragraph 1. As at present informed Department perceives no objection to this proposal, and to the conclusion of a final protocol. It was the intention of this paragraph as drafted to assure both national and most-favored-nation treatment and the Department desires to have it understood that placing part of the commitment in the final protocol will make no difference in the result. Department wishes you to inquire discreetly whether there are now any [Page 867]differences between the treatment accorded to Siamese nationals and nationals of other countries in matters of establishment. There are apparent omissions in the first and third paragraphs of the protocol after the word “this”.

Paragraph 3. Department wishes to retain “just” before “compensation” because compensation as provided by law on a national basis may not be adequate. Acceptance of Siam’s proposal would constitute an unfortunate precedent in the treaties of the United States.

Paragraph 4. Department takes same position as on paragraph 1.

Paragraph 7. Department is not yet prepared to forward its proposals as to immovable property but is making every effort to expedite their preparation. In the event negotiations can not be concluded by November 7, suggest you join with Minister of Foreign Affairs, if and when you deem it advisable, in statement to press that substantial agreement has been reached and early consummation of negotiations expected.

Paragraph 8. Does the Siamese Government mean “iron, phosphate” or “iron phosphate”? We had in mind only calcium phosphate.

Article 3. Siamese proposal as to foreign exchange acceptable if “unconditional” is substituted for “the,” preceding “most-favored-nation”, and if following is added:

“Such control shall be administered so as not to influence to the disadvantage of the other High Contracting Party the competitive relationships between articles originating in the territories of such Party and similar articles originating in third countries, and so as not to impair the operation of any other provision of this treaty.”

Article 4. The Department insists upon the original wording of its monopoly article but accepts the proposal to include it in an exchange of notes provided they are considered to be an integral part of the treaty.

Article 7. Accepted.

Article 8. Department cannot agree to deletion of “pilotage”. Small Siamese coasting vessels already amply protected by reservation in respect of coasting trade contained in Article 11.

Article 9. Accepted if “understood” is substituted for “agreed” and new matter is inserted as paragraph 2.

Article 11. Department prefers not to stipulate with respect to fisheries inasmuch as this is not a practical problem in the relations between the two countries. For your information only, Department fears that enunciation of such a principle may complicate Alaskan situation.

Article 15. Accepted.

Articles 18 and 20. Accepted.

Articles 21 and 22. Accepted.

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Final protocol, Paragraph 2. Accepted.

Proposal as to exchange of notes as to land titles accepted.

Hull