867n.01/400
The Secretary of State to the Ambassador in Great Britain (Kellogg)
Sir: The Department has received your despatch No. 606 of July 24, 1924, enclosing a copy of the reply of the British Government of July 17, 1924 to the communication which you addressed to the British Foreign Office pursuant to the Department’s instructions under date of April 30 last.
I desire that you reply to the British Foreign Office communication of July 17 in the following sense:
My Government has instructed me to acknowledge the receipt of Your Excellency’s communication of July 17th with regard to the Convention respecting the British Mandate in Palestine. In this communication it is indicated that, subject to certain minor textual changes and subject to the omission of the second paragraph of Article 6 the British Government is prepared to accept the draft convention communicated in my note of April 30.
- (2)
- In view of the assurances contained in the first paragraph of Your Excellency’s note that the Palestine administration have every intention of treating American consular officers in as favorable a manner as the consular representatives of other States, my Government does not consider that the retention of the second paragraph of Article 6 is essential. Further, my Government assents to the minor textual amendments suggested in the second paragraph of Your Excellency’s note save that the phrase “the United States consent,” should read “the United States consents,” [Page 210] since my Government regards the term “United States” as singular and not plural.
- (3)
- With regard to the third paragraph of Your Excellency’s communication which relates to the territory of Transjordania, I desire to make it clear that it was not my Government’s intention to suggest the necessity of consultation in matters relating to minor administrative changes in Transjordania. Its attention, however, had been called to the communication of the League of Nations of September 23, 1922 which indicated that the British Government, after a consultation with the States represented on the Council of the League of Nations, had reached an agreement as to the Articles of the Mandate in addition to Articles 15, 16 and 18 mentioned in Article 25, which are in any case applicable, which would control the character of the British administration of Transjordania. It is my Government’s view, as briefly set forth in my communication of April 30 last, that it would be entirely consistent with the general policy which is followed by States enjoying mandatory administration over territories relinquished by the Central Powers as a result of the late war to consult with this Government as well as with the States represented on the Council of the League of Nations in connection with any general changes in the form of the Mandatory administration of Transjordania.
- (4)
- My Government had, however, noted the statement contained in Your Excellency’s communication that the Palestine Convention shall be applicable to territory under British Mandate to the east as well as to the west of the River Jordan and, the further statement, that the changes which may be made in the administration of the territory will not be of a character to conflict with the terms of the Mandate. My Government is not therefore disposed to delay the conclusion of the Palestine Convention for the purpose of entering into a further discussion of the questions relating to Transjordania, since the essential points in which my Government is interested appear to be safeguarded by the assurances already given, which are understood also to embody the undertaking that the changes which may be made in the administration of the territory will not be of such a character as to conflict with the terms of the Convention.
- (5)
- I am further instructed to inform you that my Government is gratified to note the assurance contained in Your Excellency’s communication of July 17 that American nationals in Palestine will receive most-favored-nation treatment. This assurance satisfactorily meets the point raised in my note of April 30 with respect to agreements which the Mandatory might reach with other powers if my Government’s understanding is correct that the benefits of any agreements, such for example as that outlined in the communication from the British Foreign Office of August 15 [11], 192242 would, if definitely concluded, automatically be extended to the United States and its nationals in the Mandate territory of Palestine.
- (6)
- In view of the fact that full agreement has now been reached as to the provision of the Convention to be concluded with respect [Page 211] to Palestine and in the event that my Government’s understanding of the British Government’s position, as outlined in paragraphs 2 to 5 is correct, I am happy to state that my Government is prepared to proceed promptly to the signature of the Convention and will send me full powers for this purpose.
The Department desires you to present the above note to the British Foreign Office at the earliest possible moment and to ascertain whether the British Government has any comment to make with respect to the interpretation which this Government places upon the assurances contained in the British note of July 17. In the event that no objection is raised the Department desires that you inform it by telegraph and full powers will be sent for the signature of the Convention which should follow the draft communicated to you in the Department’s written instruction No. 182 of May 2, 1922 [1924],43 as amended by the suggestions contained in the British note of July 17, 1924, with the exception noted in the concluding sentence of paragraph two of the communication quoted above.
For the purpose of verification there is enclosed a draft of the Convention44 as now understood by the Department.
I am [etc.]