890D.927/124: Telegram
The Consul General at Beirut ( Palmer ) to the Secretary of State
[Received 2:58 p.m.]
73. Reference my despatch No. 440, dated January 3, 1940.1 Annulment of Oriental Institute concession has been demanded by German Government. This demand was first formulated in note verbale addressed on June 19, 1940, by German Legation at Bern to Swiss Political Department, Division of Foreign Interests, and presented on July 25 to the French High Commission by the Swiss Consul representing German interests here. It has now been brought again to the attention of the High Commission by a telegram received from Vichy on August 7. This telegram cites article 10 [sic] of Convention De Rethondes2 as basis for German claim that rights of Baron Oppenheim antedating Oriental Institute concession be protected and orders cessation of excavation under this later concession.
I have discussed the situation with Field Director McEwan of the Oriental Institute Expedition, Director General of Antiquities Seyrig, and the High Commissioner.2a McEwan holds an export permit issued by Seyrig under date of July 25 for objects found before that date and is taking them immediately to Baghdad for shipment to the United States when opportunity offers. Seyrig and the High Commissioner both feel that there is little chance of maintaining the Oriental Institute concession in opposition to German insistence on rights derived from Oppenheim’s Turkish Firman the validity of which was recognized by the High Commission in 1927 and confirmed in a letter to the German Consul General here in 1930 and again as late as June 2, 1939, in a letter addressed to Oppenheim by Seyrig at the direction of the High Commissioner with specific reference to Tell Fakhariyah as well as to Tell Halaf.
[Page 661]The Commissioner who originally considered this German concession forfeited upon the outbreak of war is now holding to the argument that Oppenheim’s rights to the Tell Fakhariyah site have lapsed because of his failure to develop this site. He tells me that he has advanced this argument in his reply to Vichy, but that he fears that the French Government will instruct him to cancel the Oriental Institute concession and order McEwan to cease work immediately while removing any objects [apparent omission] found. He considers that in the event of cancellation of the concession the Oriental Institute might properly claim from the High Commission reimbursement of expenses incurred prior to receipt of the German protest; and he has agreed that pending an order to cease work McEwan may continue excavation with the understanding that no claim for reimbursement of expenses incurred since the receipt of the German protest will be considered and that no objects found during this period will be removed from the site.
Please inform the Oriental Institute.