The Ambassador in Great Britain (Harvey) to the Secretary of State

No. 1314

Sir: With reference to the Department’s telegraphic Instruction No. 134, of May 8, 8 p.m., relative to the mandate for Palestine, I have the honor to enclose herewith, copies of my Note, No. 218, dated May 10, 1922,16 based on the above-mentioned instruction, and of a Note received to-day from the Foreign Office, dated May 16, 1922, replying thereto.

I have [etc.]

For the Ambassador:
Post Wheeler

Counselor of Embassy
[Page 280]

The British Acting Assistant Secretary of State for Foreign Affairs (Oliphant) to the American Ambassador (Harvey)

No. E 4860/78/65

Your Excellency: With reference to your note of the 10th instant regarding the Palestine Mandate, I have the honour to convey to Your Excellency the appreciation felt by His Majesty’s Government of the friendly manner in which the Government of the United States has collaborated with them in their efforts to secure an early settlement of this question.

In view of the desire expressed by the Government of the United States, His Majesty’s Government agree that article 8 of the draft mandate should be modified and they agree that any amendment of article 28 is consequently unnecessary.
In view, however, of the intimation contained in the note which you addressed to me on the 5th April17 that the modification or suspension of American capitulatory rights in Palestine could, if circumstances then justified it, readily be made the subject of a suitable agreement, I suggest that it would be convenient to add to the text of article 8 as now proposed by the Government of the United States the words “unless the powers whose nationals were entitled on August 1st 1914 to such rights should agree or have agreed by treaty to their suspension or modification.” This wording has been communicated to the British representative on the Council of the League, and it is hoped that the Council will be prepared to accept it.
His Majesty’s Government have taken note of the desire of the Department of State that the correspondence which has passed on this subject should not be made public and have instructed their representative on the Council accordingly.
I shall not fail to address a communication to you regarding the negotiation of the treaty as soon as the Council of the League of Nations shall have approved the terms of the mandate.

I have [etc.]

Lancelot Oliphant
  1. Not printed.
  2. See telegram no. 96, Apr. 3, to the Ambassador in Great Britain, p. 271.