761.91/104

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

No. 4002

Sir: With reference to your Instruction No. 838 of January 30th last39 relative to the present status of foreigners in Persia and the Treaty of Turcomanchai of 1828, I have the honor to inform the Department that, in a conversation with Monsieur Fromageot,40 he told me that the French Government was entirely in accord with the attitude of the British Government. He said the civil rights of Frenchmen in Persia were fully protected by the Franco-Persian Treaty of 1855, and, with regard to criminal procedure, the rights of foreigners were equally protected by immemorial usage and he mentioned even the Franco-Persian Treaty of 1715. He added that, in his opinion, the Treaty of Turcomanchai had undoubtedly been abrogated, but in so far as the French were concerned, they had certainly never derived any benefit under it and in fact certain provisions, such as the execution in one country of the decisions of the tribunals of the other, were contrary to French law.

M. Fromageot had discussed the whole question with Sir Cecil Hurst41 and he considered that no action need be taken unless the Persian Government made an attempt to infringe on the rights of foreigners in which event the Powers should get together and present an united front.

I have [etc.]

Myron T. Herrick
  1. Not printed.
  2. Legal adviser in the French Ministry for Foreign Affairs.
  3. Legal adviser in the British Foreign Office.