The British Chargé ( Chilton ) to the Secretary of State

No. 512

Sir: With reference to previous communications with regard to the Mandate for Palestine, I have the honour to transmit herewith, by direction of my Government, a copy of the draft of the proposed Treaty between the United States Government and His Majesty’s Government regarding the Palestine Mandate, which has been drawn up in consultation with the French Government.

In communicating a copy of this draft to you, I am directed to ascertain whether you agree to its terms, and if not, what modifications you consider desirable.

As the terms of the Mandate are to be recited in the Treaty, the latter cannot, of course, be finally concluded until the former have been approved by the Council of the League of Nations. His Majesty’s Government are, however, not contemplating any modifications of substance in the text of the Mandate except for the insertion in article 25 of the phrase “with the consent of the League of Nations” between the words “be entitled” and “to postpone”, and except for some modification of article 14 as to which I am expecting a further communication.

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You will observe that the operative clauses of the draft Treaty are very similar to those in the draft Treaty as to the African Mandate, a copy of which I handed to you on the 29th ultimo.18

I have [etc.]

H. G. Chilton

Draft Convention between the United States and Great Britain Regarding the Mandate for Palestine

Whereas by the Treaty of Peace with Turkey, Turkey renounces all her rights and titles over Palestine, and

Whereas Article 22 of the Covenant of the League of Nations in the Treaty of Versailles provides that in the case of certain territories which as a consequence of the late war ceased to be under the sovereignty of the States which formerly governed them mandates should be issued and that the terms of the mandate should be explicitly defined in each case by the Council of the League, and

Whereas by Article 95 of the Treaty of Peace with Turkey the High Contracting Parties agreed to entrust, by application of the provisions of the said Article 22, the administration of Palestine, within such boundaries as might be determined by the Principal Allied Powers, to a mandatory to be selected by the said Powers and further agreed that the mandatory should be responsible for putting into effect the declaration originally made on November 2, 1917 by the British Government and adopted by the other Allied Powers in favour of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing should be done which might prejudice the civil or religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country, and

Whereas the Principal Allied Powers have agreed to entrust the mandate for Palestine to His Britannic Majesty, and

Whereas the terms of the said mandate have been defined by the Council of the League of Nations as follows:

(Terms of Mandate),


Whereas the mandate in the above terms will be issued on the coming into force of the treaty of peace with Turkey, and

Whereas the United States of America by participating in the war against Germany contributed to the defeat of her and her allies and to the renunciation of the rights and titles of her allies in the territory transferred by them, but has not ratified the Covenant [Page 283] of the League of Nations embodied in the Treaty of Versailles, and

Whereas the President of the United States is desirous of concurring in the British mandate for Palestine, and

Whereas His Britannic Majesty as mandatory for Palestine is desirous of ensuring to the United States of America and its citizens the same rights in Palestine as they would enjoy if the United States were a member of the League of Nations.

His Britannic Majesty and the President of the United States of America have decided to conclude a convention to this effect and have nominated as their plenipotentiaries . . . . . . .

Who . . . . . . . have agreed as follows:—

Article 1

Subject to the provisions of the present convention, the United States concurs in the British mandate for Palestine, including the territories lying between the Jordan and the eastern boundary of Palestine as ultimately determined, and in the British administration of Palestine pursuant to the terms of the said mandate.

Article 2

The United States and its nationals shall have and enjoy the benefit of all the engagements of His Britannic Majesty defined in the mandate, including therein equality as regards commercial opportunity, notwithstanding the fact that the United States is not a Member of the League of Nations.

Article 3

Vested American property rights in Palestine shall be respected and in no way impaired.

Article 4

A duplicate of the annual report to be made by the mandatory under Article 24 of the mandate shall be furnished to the United States.

Article 5

Nothing contained in the present Convention shall be affected by any modification which may be made in the terms of the mandate as recited above unless such modification shall have been assented to by the United States.

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Article 6

The present Convention shall be ratified in accordance with the respective constitutional methods of the High Contracting Parties. The ratifications shall be exchanged in London as soon as practicable. It shall take effect on the date of the exchange of the ratifications. If at the date when the Convention takes effect the mandate has not yet been issued by the Council of the League of Nations, His Britannic Majesty agrees to apply the Convention so far as may be possible in the provisional administration of Palestine which He is now conducting at the request of the Council of the League.

In witness whereof, the respective Plenipotentiaries have signed this Convention and have hereunto affixed their seals.

  1. Post, p. 315.