Page:Pentagon-Papers-Part V. B. 2. a.djvu/141



"This peace depends upon you (the Vietnamese people) to obtain it."

ANALYSIS

Individual States

The speech left the way open for unification of the three Kys which the French feel as a foregone conclusion. The French cleverly do not propose any solution but leave the burden of preparing a plan acceptable to all Kys in the hands of the Vietnamese.

The status of the states, either unified or separate, is one of "liberty and freedom" within the French Union. There is no recognition of Vietnam as an "etat Libre", such as was done in the March 6 agreement. There is nowhere any mention of "independence" save in the statement by M. Bollaert in Vietnamese: "BOC LAP TRONG KHOI LAEN HIEP THAT" (Independence within the framework of the French Union.) Nor will France hand over anything to the States which resembles "sovereignty". Rather she will give only "public administration".

Tgis omission is commented upon by the AFP in a September 12 despatch from Hanoi as follows:

"On the other hand, French circles expressed appreciation for the liberalism of the French government, a liberalism which may reduce the tension. It is only regretted that the word 'independence', as being capable of producing a (favorable) psyschological shock, was not pronounced."

Each state or states will organize its representative institutions, its justice, its finances, its education, its social legislation mid its hospitals.

The exact judicial formula has not yet been settled, however. Didier MACHEL, Political Counsellor to the High Commissioner, whom I saw after the speech was delivered. pointed out it was uncertain whether the courts of the states would have jurisdiction over French and foreigners within its territory. He did not specify whether Laotians and Cambodians would be considered foreigners with a special status- He suggested, as his personal opinion, that perhaps there might be a solution in the establishment of "mixed tribunals" or possibly mixed or wholly French appelate courts over Vietnamese courts of first instance.

The state governments will have the help, if they so desire of "our functionnaires and our technicians", another retreat from the previous position as only French "counsellors, technicians, and experts" were mentioned in Article 4 of the Modus Vivendi of September 14. Finally, France solemnly renounced all administration direct and indirect. France solemnly renounced "direct" administration in the June 6, 1884 Treaty which states in Article 7: The (French) residents (in Tonkin) will avoid treating details of interior administration in the provinces.

Rh