Foreign Relations of the United States, 1946, The Far East, Volume VIII

892.014/12–2745: Telegram

The Secretary of State to the Political Adviser in Siam (Yost)

secret

Washington, January 2, 1946—1 p.m.

2. 1. Brit Embassy has informed Dept. of proposed exchange letters relative Indochinese territories. (Urtel 117, Dec. 29²). Brit action taken at French request and presumably related para 1 urtel 89, Dec. 22.³

2. US position on Indochinese territories acquired by Siam unchanged (urtel 102, Dec. 27⁴). Dept cannot admit validity of transfer because made in course of Jap aggression and believes territories should be returned. It would welcome therefore step 1 proposed by Seni.⁵ US position is without prejudice to subsequent peaceful procedures for readjustment of boundaries or territorial transfers, but choice of procedures rests with Siam. US could not object if Siam submitted dispute to UNO as in proposed step 2. As it considers territories legally French rather than Siamese it cannot support a Siamese demand on the French that territories be administered by an Allied Commission pending a UNO decision, as in proposed step 3, although naturally it would welcome any French-Siamese agreement looking to amicable solution.

3. US anxious for French-Siamese accord which, after restoration legal status quo ante, will settle border on merits and on desires of peoples concerned. It doubts French willingness to open way for such settlement and submission to UNO may be only course open to Siamese for raising problem. Much would depend on manner presentation. Dept inclined to believe that on adjudication legal merits Siam would lose and such legal decision would not remove inherent causes future discontent which is US objective. If UNO appeal adopted submission should therefore be based on intrinsic merits and wishes of peoples concerned. Dept hopes that UNO decision on that basis would be acceptable to all. Dept does not understand that France could block UNO decision as indicated your comment. Under Chapter 6,⁶ Article 35, state not member of UNO may present dispute to Security Council or Assembly “if it accepts in advance, for purposes of dispute, obligations of pacific settlement provided in present Charter”. Chapter 5, Article 27 provides that any member of Security Council party to dispute must abstain from voting on decisions under Chapter 6. Dept inclined to believe UNO would not establish commission to administer territories pending decision, but Siam could suggest such temporary commission under Article 36, paragraph 1 alleging need in interest of peoples concerned on basis recent Siamese authority, disturbed conditions in Indochina, Chinese authority north of 16th parallel, Laos declaration of independence, et cetera.

4. US unwilling to advise Siam on Indochinese territories beyond para 2 above. It has avoided in other cases also recommending appeals to UNO at this stage. You may, however, give full explanatory views on UNO procedures including the foregoing, cautioning against extravagant hopes and making certain that Siam may not claim that US recommends such UNO action which Siam may decide to take and for which it must accept full responsibility.

Byrnes

2. Not printed; it stated in part: “Thai Govt received draft letters to be exchanged between British [and] Thai representatives Singapore regarding Indochina border territory. British letter states that British do not recognize acquisition by Thailand of any territories acquired later than December 11, 1940 including all territory ceded by Vichy Govt on May 9, 1941. Thai letter states that Thai Govt ‘have taken note’ of British attitude.

   “Thai Govt is reluctantly prepared to accept draft letters except that it wishes to substitute ‘French Govt’ for ‘Vichy Govt’.” (741.92/12–2945). The exchange of letters took place on January 1, 1946, in connection with the signing on the same day at Singapore of the agreement terminating the state of war between the two countries. The letters retained the words “Vichy Government”. For texts of the agreement and the exchange of letters, see British Cmd. 8140, Treaty Series No. 10 (1951).

3. Foreign Relations, 1945, vol. vi, p. 1407.
4. Ibid., p. 1410.
5. Mom Rajawongse Seni Pramoj, Siamese Prime Minister and Minister for Foreign Affairs.
6. Of the United Nations Charter adopted at San Francisco, June 26, 1945: for text, see Department of State Treaty Series No. 993, or 59 Stat (pt. 2) 1031.