790d.90i15/13
The Chargé in Great Britain (Atherton) to the Secretary of
State
No. 607
London
, January 10,
1933.
[Received January 19.]
Sir: I have the honor to refer to the
Department’s instruction No. 165 of August 18, 1932 concerning the
agreement concluded on October 31, 1931, between the British and
French Governments with regard to the frontiers of Syria and the
Jebel Druze on the one hand and Transjordan on the other. As I
stated in my despatch in reply, No. 341 of September 12, 1932,8 an Aide-Mémoire containing the Department’s views8 as outlined in this
instruction was given on September 12 to the Foreign Office official
concerned, who stated that a full reply would be handed to the
Embassy after the necessary consultation with the appropriate
British officials.
There are enclosed herewith copies of a Foreign Office note No. E
6256/15/89 of January 4, 1933 on this subject, together with its
enclosures, copies of the Anglo-French Convention of December 23,
1920 and of the Protocol of October 31, 1931.
As reference is made in the Foreign Office note of January 4 to the
[Page 1006] Embassy’s memorandum
and letter of September 12, 1932, copies of these two documents are
likewise enclosed for the Department’s records.9
A copy of this despatch is being furnished to the American Embassy at
Paris, as instructed.
Respectfully yours,
[Enclosure]
The British Secretary of State for Foreign
Affairs (Simon) to the
American Chargé (Atherton)
No. E 6256/15/89
[
London
,] 4 January,
1933.
Sir: I have the honour to inform you
that His Majesty’s Government in the United Kingdom have had
under their consideration the memorandum which Mr. Cox10 left at the Foreign Office on the 12th
September in regard to the agreement of October 31st, 1931
between His Majesty’s Government and the French Government
concerning the frontiers of Syria and the Jebel Druze on the one
hand and Transjordan on the other.
- 2.
- The view of the United States Government appears from that
memorandum to be that the frontier settlement incorporated
in the Anglo-French Agreement of October 31st, 1931,
involved on the part of Transjordan a change in the
previously existing frontier and consequently a cession of
some territory previously within Transjordan, as well as the
acquisition of territory not previously part of Transjordan;
that an alteration in the area of the mandated territory is
to be deemed to be a modification of the terms of the
mandate, and thus to come within the provisions of Article 7
of the Anglo-United States Convention of December 3rd, 1924;
and that it is consequently legally inapplicable to the
United States and its nationals until the United States
Government shall have assented thereto.
- 3.
- His Majesty’s Government note with appreciation from Mr.
Cox’s letter of the 12th September that the United States
Government have no desire to be obstructive in the matter of
the new frontier between Syria and Transjordan and will
probably have no occasion to raise objections to the
frontier settlement when officially informed of its
nature.
- 4.
- His Majesty’s Government for their part do not propose to
embark on a discussion of the views contained in the
memorandum of September 12th, since, without prejudice to
the question whether this step is legally necessary, they
are fully prepared to invite the United States Government to
consent to the modified frontier and indeed they desire to
take this occasion to do so.
- 5.
- The frontier between the British and French mandated
territories in the Middle East was laid down in the
Anglo-French Convention of December 23rd, 1920, a convention
concluded before the date of the Mandate for Palestine. For
various reasons it proved impossible to delimit or adopt in
practice the line between Syria and Transjordan as therein
defined. In 1931, however, His Majesty’s Government and the
French Government agreed, subject to the approval of the
Council of the League of Nations, upon a modified line to be
delimited upon the ground by a Commission such as is
provided for in Article 2 of the 1920 Convention. This
agreement was embodied in a Protocol, signed by the High
Commissioner of the French Republic in Syria and by the High
Commissioner for Iraq, who had been entrusted by His
Majesty’s Government in the United Kingdom with the conduct
of these negotiations, on October 31st, 1931. This Protocol
was in due course submitted to the Council of the League of
Nations by His Majesty’s Government and the French
Government. The slight modifications which the Protocol
introduced into the frontier, as laid down in the 1920
Convention, were, in the words of the Rapporteur to the Council of the League of
Nations, “inspired by the desire not to disturb the
populations in the exercise of their rights and customs, to
increase security by facilitating administration, and to
ensure, in the present and in the future, the security of
the vital communications between Iraq and Transjordan
towards the Mediterranean”. The agreement was approved by
the Council of the League on January 30th last, as one which
the Council had “every reason to believe to be in the
interests of the populations under mandate”.
- 6.
- Copies of the Anglo-French Convention of December 23rd
1920, and of the Protocol of October 31st, 1931, to which
reference has been made above, are enclosed herein.
I have the honour [etc.]
For the Secretary of State:
G. W. Rendel
