711.922/106: Telegram
The Minister in Siam (Neville) to the Secretary of State
[Received November 6—11:25 a.m.]
36. Department’s 31, November 7 [5], 5 [7] p.m. The Minister of Foreign Affairs today handed me the following memorandum as counter proposals.
[Page 881]“Counter-proposal 1. Immovable property. The Siamese Government regret that they are not in a position to grant American nationals in Siam most favored nation treatment in regard to immovable property, because they have granted most favored nation treatment in this matter to other powers only on condition of reciprocity.
In order, however, to meet the wishes of the American Government as far as they can the Siamese Government are agreeable to accept the insertion in the treaty of the American draft, subject only to the following modification at the end (second paragraph of immovable property clauses Department’s 24, November 1, 6 p.m.): ‘shall be accorded the right to acquire, possess and dispose of immovable property in Siam’.
It will be noted that the Siamese Government no longer ask for the insertion of the word ‘likewise’.
Moreover, the Siamese Government are prepared to exchange notes, which are not to form part of the treaty but to constitute an item of diplomatic correspondence, as they have done in the case of some of the powers, as follows:
‘The American Minister to the Minister of Foreign Affairs. Before proceeding to sign the new treaty of friendship commerce and navigation between our two Governments, I have the honor, under instructions from my Government, to request information in regard to the rights of nationals of the United States of America to own land in Siam, and I shall be greatly obliged if Your Excellency will be so good as to furnish me with a reply to my inquiry for communication to my Government.’
The Minister for Foreign Affairs to the American Minister. In reply to your inquiry of blank instant as to the rights of nationals of the United States of America to own land in Siam, I have the honor to inform Your Excellency that it is the intention of the Siamese Government to grant to foreigners the right to acquire immovable property necessary for residential, commercial, industrial, religious and charitable purposes as well as for use as cemeteries, while the acquisition of lands of the public domain will be reserved for the subjects of Siam without prejudice, however, to the rights already acquired according to the laws and regulations at the coming into force of the new treaty.’
Counter-proposal 2. Exchange of notes regarding mission lands. With the above exchange of notes, it would not appear to be necessary to proceed with the exchange of notes regarding mission lands.”
I think I can get some exchange of notes regarding mission lands if desirable, but nothing beyond continuing the undertaking of 1920.
I have done my best to carry out instructions, but the foregoing is the best bargain I can get. It assures Americans of land ownership here and I urge acceptance, as the Siamese are afraid of unconditional most favored nation treatment in regard to land.