pia.30 From the second paragraph of this despatch the Department has obtained the impression that you may consider that you are authorized to accord the facilities of your consular court to nationals of Chile to whom you were authorized to extend your good offices by the Department's telegraphic instruction of July 1, 1930.80 In order that there may be no misconception of your authority in your judicial capacity to take cognizance of matters in which the sole interests involved are those of Chilean or of other foreign nationals, it is considered desirable to set forth the legal bases upon which rest the extraterritorial jurisdiction of American consular officers in Ethiopia. The pertinent provision of the Act of Congress which confers judicial authority on American consular officers in certain foreign countries (including Ethiopia by virtue of Section 4129 of the Revised Statutes and the treaty concluded with Ethiopia in 1914 81) reads as follows: "Jurisdiction in both criminal and civil matters shall, in all cases, be exercised and enforced in conformity with the laws of the United States, which are hereby, so far as is necessary to execute such treaties, respectively, and so far as they are suitable to carry the same into effect, extended over all citizens of the United States in those countries and over all others to the extent that the terms of the treaties, respectively, justify or require. (R. S. Section 4086; Title 22, Section 145, U. S. Code.) By virtue of the quoted provision of law, American consular officers may exercise jurisdiction over persons other than American citizens to the extent that the terms of the treaties, respectively, justify or require. The underscored words clearly refer to protégés whom the United States was specifically authorized by certain treaties to protect. It is clear, therefore, that they would not be effective to confer jurisdiction on the American Consul General in Ethiopia over non-nationals unless the United States is entitled by treaty to exercise jurisdiction over other than American citizens. The treaties on which the United States relies for its extra-territorial jurisdiction in Ethiopia are Article VII of the Franco-Ethiopian Treaty of 1908 32 and Article III of the treaty concluded between the United States and Ethiopia in 1914. By the former treaty France is entitled to exercise jurisdiction in Ethiopia over French nationals and "protégés” but the jurisdictional 30 Not printed. "Treaty of commerce, signed at Addis Ababa, June 27, 1914, Foreign Relations, 1920, vol. п, p. 243. "Treaty of friendship and commerce, signed at Addis Ababa, January 10, 1908, British and Foreign State Papers, vol. cı, p. 997. rights granted to the United States are restricted to citizens of the United States as appears from the text of Article III of the United States-Ethiopian Treaty of 1914 which reads as follows: "The two contracting Governments shall reciprocally grant to all citizens of the United States of America and to the citizens of Ethiopia, all the advantages which they shall accord to the most favored Power in respect to customs duties, imposts and jurisdiction." It appears to be clear, therefore, that the good offices which the Legation and Consulate General at Addis Ababa was authorized to exercise in behalf of Chilean nationals in Ethiopia could not and did not confer any authority on the Minister Resident and Consul General to exercise judicial authority over Chilean citizens. In view of the foregoing the Department is of the opinion that it would be improper for you to assume jurisdiction in your consular court in any case in which none of the parties involved is a citizen of the United States. While the Department desires to avoid any discussion of the question with the Ethiopian Government, it considers that the words "all citizens of the United States of America" as used in the treaty provision above quoted should be interpreted to include citizens of the territorial possessions of the United States as well as those having the legal status of "citizens of the United States". Very truly yours, W. R. CASTLE, JR. FRANCE VISIT OF PIERRE LAVAL, PRESIDENT OF THE FRENCH COUNCIL OF MINISTERS, TO THE UNITED STATES, OCTOBER 22-26, 1931 033.5111 Laval, Pierre/1: Telegram The Ambassador in France (Edge) to the Secretary of State PARIS, September 19, 1931-noon. [Received September 19—8:40 a. m.] 584. L'Information, evening financial organ, printed last night an article signed by Fernand de Brinon who had arranged for an interview on Wednesday between James MacDonald, Chairman of the Foreign Policy Association, and the Prime Minister. The article set forth the possibility and desirability of an interview between President Hoover and Prime Minister Laval and indicated the French Government would not be impossible and that it would be desirable.1 It would merely be an effort for mutual explanations and understanding. [Paraphrase.] The conversation between Laval and MacDonald on Wednesday during which the Chairman of the Foreign Policy Association informally and on his own behalf suggested the desirability of such a meeting (see my letter of 18th of September 2) is the immediate basis for this article. According to MacDonald, the Prime Minister seemed receptive but he did not definitely commit himself. According to information which the press here has received from the Prime Minister's office, there is the suggestion that if such a voyage could be arranged before the meeting of the French Parliament in October, Laval's office was merely awaiting some official word of invitation in order to make a decision on the matter. I have not conversed with any of the French officials on this subject. I shall be very glad to learn your attitude in order that I might speak with Laval before his departure for Berlin next week. [End paraphrase.] 1This sentence is apparently garbled. 'Not printed. 591381-46-VOL. II- -23 EDGE 033.5111 Laval, Pierre/2: Telegram The Secretary of State to the Ambassador in France (Edge) [Paraphrase] WASHINGTON, September 19, 1931—4 p. m. 455. Embassy's 584, noon, 19th of September. You are to see Laval and to tell him that if the newspaper reports to which you have referred correctly indicate a sentiment in France favorable to a visit by him to the United States, you have authority to state that President Hoover would be most happy if the Prime Minister found it convenient to make this visit; and that the President is of the opinion that such an opportunity for a personal acquaintance and discussion would be of inestimable value. STIMSON 033.5111 Laval, Pierre/3: Telegram The Ambassador in France (Edge) to the Secretary of State [Paraphrase] PARIS, September 21, 1931-noon. [Received September 21-8:40 a. m.] 588. Department's No. 455, 19th of September, 4 p. m. I conferred this morning with the Prime Minister. Last night, Laval had issued a statement, which, however, did not appear in the Paris English language newspapers. According to this statement, it would be impossible for Laval to visit the United States at this time. My engagement with Laval was arranged for 9: 30 this morning and prior to the time that the Embassy was aware of the publication of this statement. I took advantage of the opportunity, however, to express to the Prime Minister how happy Mr. Hoover would be if the newspaper reports were true and the visit could be arranged. The President was of the opinion, I continued, that such an opportunity for personal acquaintance and discussion would be of the greatest value. Supplementing the statement which he had issued to the press, the Prime Minister explained in detail how impossible it was from a practical standpoint to leave at this time. The circumstances involved are: the general situation in France; his visit to Berlin at the end of this week; the preparations for the convening of Parliament toward the end of October; and the necessity of his being here during the cantonal elections which take place about October 18. He expressed himself as "deeply touched" with the sentiments of the President. The Prime Minister understood, of course, why I did not extend a formal invita Since I have dictated the preceding statements, the Embassy has received a personal telephone call from Laval who requested that you not be notified of any final decision of his until he has an opportunity to confer with President Doumer. Laval stated that he will communicate with me further tomorrow or tonight. He has requested, too, that, in the meantime, nothing be given to the press. EDGE 033.5111 Laval, Pierre/4: Telegram The Ambassador in France (Edge) to the Secretary of State [Paraphrase] PARIS, September 21, 1931-6 p. m. [Received September 21-5 p. m.3] 591. Department's 455, 4 p. m., September 19; the Embassy's No. 588, September 21, noon. As I pointed out in the final paragraph of telegram No. 588, the Prime Minister telephoned me this afternoon and stated that he had had a conference with the President of France following my visit to Laval this morning. Notwithstanding Laval's many duties President Doumer advised him to go to the United States. Laval stated that the matter would be decided at the meeting of the Cabinet on Friday. In view of the public interest he later gave the following statement to the press: * "Monsieur Pierre Laval received Mr. Walter Edge the American Ambassador this morning who transmitted to the President of the Council of Ministers an invitation from President Hoover to visit Washington. Monsieur Pierre Laval begged Mr. Walter Edge to express to President Hoover his thanks for his cordial invitation. He agreed with the President of the United States that an interview of this nature was desirable and would lend itself to the examination of all the grave problems whose solution at the present time must be facilitated by direct conversations. Although at the present juncture Monsieur Pierre Laval did not feel himself at liberty to give a final reply, he took the occasion to stress the satisfaction with which French opinion would learn of President Hoover's invitation." With reference to the Embassy's telegram No. 588, when the Prime Minister expressed his belief that he could not visit the United States at this time, I did not extend a formal invitation; but I merely stated how pleased the President would have been if he had learned that the visit could be arranged. This was repeating the substance of your telegram No. 455. In view of the possibility now that the Prime Min Telegram in three sections. 4 Quotation not paraphrased. |