treaty of peace is ratified and until further notice, the Franco-American arrangement of January 3-14, 1918, relative to military penal jurisdiction. I have the honor to inform you that such continuation appears desirable also to this Government, and to propose that this arrangement, after the conclusion of peace, continue to be recognized in full force and effect until 30 days after notice of its termination shall have been given by either Government. Should this modification in regard to the termination of the aforesaid arrangement be acceptable to the Government of the French Republic, your formal notification in writing to that effect will be understood on the part of the Government of the United States as giving validity to the proposed modification, and I shall be glad to receive your assurance that it will be so understood also on the part of the Government of the French Republic. Accept [etc.] ROBERT LANSING The French Ambassador to the Secretary of State MR. SECRETARY OF STATE: [TRANSLATION] WASHINGTON, August 29, 1919 My Government to which I did not fail to report the substance of your note of August 10, wishes me to inform Your Excellency that it accepts the solution proposed by you for the continuation of the Franco-American arrangement relative to military penal jurisdiction. The said arrangement will, therefore, continue in force after the conclusion of peace, but may be denounced by either contracting party upon a 30-day previous notice. As requested by Your Excellency, this note, being an answer to yours of August 10, will of itself suffice to give validity to the above stated modification of the agreement of January 3-14, 1918. Be pleased to accept [etc.] JUSSERAND RIGHTS IN THE CAMEROONS Treaty signed at Paris February 13, 1923, with appendix Ratifications exchanged at Paris June 3, 1924 Entered into force June 3, 1924 Proclaimed by the President of the United States July 3, 1924 43 Stat. 1778; Treaty Series 690 CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND FRANCE RELATING TO THE PART OF THE CAMEROONS UNDER FRENCH MANDATE The President of the United States of America and the President of the French Republic, Whereas by Article 119 of the Treaty of Peace signed at Versailles the 28th of June, 1919,2 Germany renounced in favor of the Principal Allied and Associated Powers all her rights and titles over her oversea possessions; and Whereas by Article 22 3 of the same instrument it was provided that certain territories which, as a result of the war, had ceased to be under the sovereignty of the States which formerly governed them, should be placed under the mandate of another Power, and that the terms of the mandate should be explicitly defined in each case by the Council of the League of Nations; and Whereas the benefits accruing under the aforesaid Article 119 of the Treaty of Versailles were confirmed to the United States by the Treaty between the United States and Germany, signed August 25, 1921, to restore friendly relations between the two nations; and 1On Dec. 13, 1946, the U.N. General Assembly approved a trusteeship agreement placing the French-administered Cameroons under United Nations trusteeship. That trusteeship was terminated Jan. 1, 1960, when the French-administered Trust Territory of the Cameroons attained independence. Whereas four of the Principal Allied and Associated Powers, to wit: the British Empire, France, Italy and Japan, agreed that France should exercise the mandate for part of the former German Colony of the Cameroons; and Whereas the terms of the said mandate have been defined by the Council of the League of Nations as follows: ARTICLE 1. The territory for which a mandate is conferred upon France comprises that part of the Cameroons which lies to the east of the line laid down in the Declaration signed on July 10th, 1919, of which copy is annexed hereto. This line may, however, be slightly modified by mutual agreement between His Britannic Majesty's Government and the Government of the French Republic where an examination of the localities shows that it is undesirable, either in the interest of the inhabitants or by reason of any inaccuracies in the map Moisel 1/300,000, annexed to the Declaration, to adhere strictly to the line laid down therein. The delimitation on the spot of this line shall be carried out in accordance with the provisions of the said Declaration. The final report of the Mixed Commission shall give the exact description of the boundary line as traced on the spot; maps signed by the Commissioners shall be annexed to the report. This report with its annexes shall be drawn up in triplicate; one of these shall be deposited in the archives of the League of Nations, one shall be kept by the Government of the Republic and one by His Britannic Majesty's Government. ARTICLE 2. The Mandatory shall be responsible for the peace, order and good government of the territory and for the promotion to the utmost of the material and moral well-being and the social progress of its inhabitants. ARTICLE 3. The Mandatory shall not establish in the territory any military or naval bases, nor erect any fortifications, nor organize any native military force except for local police purposes and for the defence of the territory. It is understood, however, that the troops thus raised may, in the event of general war, be utilized to repel an attack or for defence of the territory outside that subject to the mandate. ARTICLE 4. The Mandatory: 1° Shall provide for the eventual emancipation of all slaves, and for as speedy an elimination of domestic and other slavery as social conditions will allow; 2° Shall suppress all forms of slave trade; 3° Shall prohibit all forms of forced or compulsory labor, except for essential public works and services, and then only in return for adequate remuneration; 4° Shall protect the natives from measures of fraud and force by the careful supervision of labor contracts and the recruiting of labor; 5° Shall exercise a strict control over the traffic in arms and ammunition and the sale of spirituous liquors. ARTICLE 5. In the framing of laws relating to the holding or transference of land, the Mandatory shall take into consideration native laws and customs, and shall respect the rights and safeguard the interests of the native population. No native land may be transferred, except between natives, without the previous consent of the public authorities, and no real rights over native land in favor of non-natives may be created except with the same consent. The Mandatory shall promulgate strict regulations against usury. ARTICLE 6. The mandatory shall secure to all nationals of States Members of the League of Nations the same rights as are enjoyed in the territory by his own nationals in respect of entry into and residence in the territory, the protection afforded to their person and property, movable and immovable, and the exercise of their profession or trade, subject only to the requirements of public order, and on condition of compliance with the local law. Further, the Mandatory shall ensure to all nationals of States Members of the League of Nations, on the same footing as his own nationals, freedom of transit and navigation, and complete economic, commercial and industrial equality; provided that the Mandatory shall be free to organize essential public works and services on such terms and conditions as he thinks just. Concessions for the development of the natural resources of the territory shall be granted by the Mandatory without distinction on grounds of nationality between the nationals of all States Members of the League of Nations, but on such conditions as will maintain intact the authority of the local Government. Concessions having the character of a general monopoly shall not be granted. This provision does not affect the right of the Mandatory to create monopolies of a purely fiscal character in the interest of the territory under mandate and in order to provide the territory with fiscal resources which seem best suited to the local requirements; or, in certain cases, to carry out the development of natural resources, either directly by the State or by a controlled agency, provided that there shall result therefrom no monopoly of the natural resources for the benefit of the Mandatory or his nationals, directly or indirectly, nor any preferential advantage which shall be inconsistent with the economic, commercial and industrial equality hereinbefore guaranteed. The rights conferred by this article extend equally to companies and associations organized in accordance with the law of any of the Members of the League of Nations, subject only to the requirements of public order, and on condition of compliance with the local law. ARTICLE 7. The Mandatory shall ensure in the territory complete freedom of conscience and the free exercise of all forms of worship which are consonant with public order and morality; missionaries who are nationals of States Members of the League of Nations shall be free to enter the territory and to travel and reside therein, to acquire and possess property, to erect religious buildings and to open schools throughout the territory; it being understood, however, that the Mandatory shall have the right to exercise such control as may be necessary for the maintenance of public order and good government, and to take all measures required for such control. ARTICLE 8. The Mandatory shall apply to the territory any general international conventions applicable to his contiguous territory. ARTICLE 9. The Mandatory shall have full powers of administration and legislation in the area subject to the mandate. This area shall be administered in accordance with the laws of the Mandatory as an integral part of his territory and subject to the above provisions. The Mandatory shall therefore be at liberty to apply his laws to the territory subject to the mandate with such modifications as may be required by local conditions, and to constitute the territory into a customs, fiscal or administrative union or federation with the adjacent territories under his sovereignty or control; provided always that the measures adopted to that end do not infringe the provisions of this mandate. ARTICLE 10. The Mandatory shall make to the Council of the League of Nations an annual report to the satisfaction of the Council. This report shall contain full information concerning the measures taken to apply the provisions of this mandate. ARTICLE 11. The consent of the Council of the League of Nations is required for any modification of the terms of the present mandate. ARTICLE 12. The Mandatory agrees that, if any dispute whatever should arise between the Mandatory and another Member of the League of Nations relating to the interpretation or the application of the provisions of the mandate, such dispute, if it cannot be settled by negotiation, shall be submitted to the Permanent Court of International Justice provided for by Article 14 of the Covenant of the League of Nations," Whereas the United States of America, by participating in the war against Germany, contributed to her defeat and to the renunciation of her rights and titles over her oversea possessions, but has not ratified the Treaty of Versailles; and Whereas the Government of the United States and the Government of the French Republic desire to reach a definite understanding with regard to the rights of the two Governments and their respective nationals in the aforesaid former German Colony of the Cameroons; Ante, vol. 2, p. 52. |