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.
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
[Enclosure]
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the declaration originally made on November 2, 1917 by the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),
and
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
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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.
[Page 284]
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.
Done in duplicate at . . . . . .
., this . . . . .
day of . . . . . . . .
