751.92/5–946

Memorandum of Conversation, by the Chief of the Division of Southeast Asian Affairs (Moffat)

M. Lacoste called at my request and I communicated to him the substance of the attached oral communication copy of which, for his convenience, I gave him.45 I explained that we were particularly concerned about the provisions of Article VIII discussed in Point 3 but that the other comments were offered simply in the belief that they might be helpful to the French Government in the prompt reestablishment and maintenance of friendly relations with Siam. M. Lacoste stated that in his opinion, based on his own experience with Orientals, the French Government would feel that any recasting of the agreement into a friendly document would be construed as a weakness on the part of the French; that he would be the first to recommend it if he thought it would achieve the result sought but that he considered the Siamese were acting in bad faith throughout and did not recognize that they were in the wrong in having acquired the territories from Indochina and that under the circumstances he thought France should maintain a strong and dominating position. He added that, according to his information, the Siamese delegation which had been discussing the problem in Saigon had offered inexcusable proposals, whereas the French had simply maintained their position. The delegation had returned to Bangkok on April 4 and, so far as he knew, discussions had not been resumed.

A[bbot] L[ow] M[offat]
[Annex]

The Department of State to the French Embassy

Oral Communication

1.
We appreciate very much the courtesy of the French Government in making available to us the text of the proposed Franco-Siamese Agreement.
2.
As it is our desire to aid, as best we can, a rapid settlement and reestablishment of friendly relations between France and Siam, we would like to offer certain comments which we hope will be considered [Page 995] by the French Government in the light of the friendly, disinterested motive with which they are offered:
3.
It is noted that the text follows very closely, except for necessary changes, the Anglo-Siamese Agreement signed at Singapore on January 1. There are, however, in Article VIII two important, though quite possibly unintentional deviations from the British text. This Article provides that the Siamese Government agree to conform to the Franco-Siamese Treaty of Commerce and Navigation of December 7, 193746 and not to enforce provisions excluding French and Indochinese commercial interests or nationals from participating in Siamese economy or trade The comparable Article in the British-Siamese Agreement was the subject of long discussion between this Government and the British Government, and the final British draft specifically provided that British interests shall not be excluded on the “basis of nationality”, and also permitted exceptions specifically provided for in the 1937 Treaty. We earnestly hope that the French Government will include these two points which appear in the British-Siamese Agreement, because without these clauses the French and Indochinese will be given a special privilege not accorded any other nation, and because taken literally the text would infringe on Siamese sovereignty and prevent Siam, for example, from limiting if it so desired certain phases of its economy or trade to Government ownership or operation. It is not believed that this is the intention of the French Government, especially in view of its action in joining with the British and American representatives in Canberra in representations to the Australian Government regarding a clause in the Australian-Siamese Agreement which would accord Australia certain special privileges not accorded other nations.47
4.
The basic dispute between France and Siam is over the territories acquired in the course of Japanese aggression by Siam in 1941. We note that the French Government recognizes in the preamble of the draft agreement Siamese repudiation of its association with Japan, and also that the agreement is not designed to terminate a state of war, but to be the basis for resumption of friendly relations between the two countries. We feel that it would be particularly helpful to a prompt conclusion of an agreement and the restoration of sound friendly relations between France and Siam, if the Agreement could be cast in a form which did not follow the Anglo-Siamese Agreement which was for the termination of a war and if it could omit matters not directly related to the basic dispute between France and Siam. [Page 996] If such other matters are deemed pertinent we believe that it would be extremely helpful if the obligations set forth could at least be mutually assumed and not imposed unilaterally. In connection with the foregoing comment it may be pertinent to note that on December 8, 1941, the Siamese interned all British, Australian, American and Dutch nationals and seized their property later declaring war on Great Britian and the United States.48 At no time, however, certainly during the last five years, have French nationals or property in Siam been molested, nor has there ever been a declaration of war between the two countries.
5.
Under the Agreement between Siam and the Vichy Government the Siamese undertook to pay several million ticals to France on account of permanent improvements made by the French in the territories acquired by Siam. Both as a matter of equity and as a means of promoting rapid restoration of friendly relations, we would like to suggest that there be specific provisions in the Agreement crediting Siam, against French claims under Article I, for any payments which they have made and also for any permanent improvements which they may have effected during their occupation of the territories.
6.
Word has just been received from Bangkok that on May 7 the Siamese Foreign Minister informed our Chargé and also the British Minister that on that day French forces twice fired from the French side of the Mekong upon the Siamese town of Nakorn Phanom with rifles, machine guns and mortars; that the Siamese did not return the fire although six were wounded and two killed and public buildings hit by mortar shells, and although there were Annamese and Laos refugees in the town, there were no troops. The Siamese Foreign Minister greatly fears a violent nationalistic reaction among the Siamese public when the incident becomes known. We urgently hope that the French Government will take any necessary steps to prevent further incidents of this nature which can only result in making more difficult the negotiation of a Franco-Siamese Agreement and the restoration of friendly relations between the two countries.

I might add that we have had several reports of shooting from the French side of the Mekong at Siamese boats on the Siamese side of the river. Indeed, our Agricultural Attaché—an American—who was in a Siamese Government launch hugging the Siamese shore barely escaped with his life in one such incident.

  1. In a memorandum of May 9, Mr. Moffat stated that he had communicated to the First Secretary of the British Embassy (Everson) the substance of his conversation with Mr. Lacoste and had given the former a copy of the oral communication (892.014/5–946).
  2. Signed at Bangkok; for text, see League of Nations Treaty Series, vol. cci, p. 113, or British and Foreign State Papers, vol. cxli, p. 990.
  3. See telegram 51, April 12, midnight, from Canberra, p. 963.
  4. For Thailand’s declaration of war on January 25, 1942, see telegram 350, February 2, 1942, from Bern, Foreign Relations, 1942, vol. i, p. 915.