867N.01/727½
The Chief of the Division of Near Eastern Affairs (Murray) to the Assistant Secretary of State (Moore)
Dear Judge Moore: It seems clear that it would not be proper to transmit to the British Government through our Ambassador in London the document which Rabbi Wise refers to in the attached letter.26 An examination of precedents for many years indicates that we have constantly declined to act as a channel of transmission for private organizations of resolutions and petitions destined for foreign governments. We have not only declined to transmit such petitions to local representatives of foreign Powers, but have also refused to transmit documents through our own representatives abroad.
In this connection you will recall that during the latter part of August and early September we had numerous letters from Jewish organizations in this country regarding the question of Jewish immigration into Palestine. Nearly all of these letters requested us to [Page 456] submit petitions and resolutions of protest either to the British Government or to the British Ambassador in Washington. At that time you and the Secretary agreed upon the following statement to be used in reply to such requests:
“With respect to your request to forward notice of your resolution of protest to the British Government, I must inform you that well established international practice does not permit a government to make itself a vehicle for transmission to other governments of communications from private individuals and organizations.”
This statement was included in at least sixteen letters to important Jewish organizations in the United States, including the Zionist organization itself.
In the case of the document which the Zionist organization now wishes to have transmitted to the British Government it is clear that under the terms of the Palestine Mandate the Zionist organization has a well established channel of transmission. Thus, Article 4 of the Mandate, to the terms of which we consented subject to the provisions of our convention with Great Britain, reads as follows:
“An appropriate Jewish agency shall be recognised as a public body for the purpose of advising and co-operating with the Administration of Palestine in such economic, social and other matters as may affect the establishment of the Jewish national home and the interests of the Jewish population in Palestine, and, subject always to the control of the Administration, to assist and take part in the development of the country.
“The Zionist organisation, so long as its organisation and constitution are in the opinion of the Mandatory appropriate, shall be recognised as such agency. It shall take steps in consultation with His Britannic Majesty’s Government to secure the co-operation of all Jews who are willing to assist in the establishment of the Jewish national home.”
In accordance with the provisions of this Article the Zionist organization for some years acted as the Jewish agency. About six years ago, however, an agreement was entered into between the Zionists and non-Zionists providing for cooperation between the two on the Jewish agency. Thus both Zionists and non-Zionists, of whom there are many among the Jews of the world, each have an opportunity to present their views to the British Government and to the League of Nations through the established and recognized channel of the Jewish agency. Unless otherwise decided by a three-fourths vote of the Council of the Jewish agency, the President of the Zionist organization is ipso facto President of the agency. As a matter of fact, Dr. Chaim Weizmann is now President of both organizations. It is perfectly clear, therefore, that the Zionist organization of America and the Zionist organizations of other countries have a well established channel of approach to the British Government. This channel is [Page 457] established by the terms of the Mandate to which we have consented, and it might even be considered that it would be contrary to the provisions of the Mandate for us to act as a channel of communication with the British Government when such a channel has already been established through the Jewish agency. That the agency is most active in offering advice not only to the Palestine administration but to the British Government itself is clear from the various reports of the British Government on the administration of the Mandate.
With respect to immigration Article 6 of the Mandate provides for close cooperation between the Jewish agency and the Palestine Government. The Article in question reads as follows:
“The Administration of Palestine, while ensuring that the rights and position of other sections of the population are not prejudiced, shall facilitate Jewish immigration under suitable conditions and shall encourage in co-operation with the Jewish agency referred to in Article 4, close settlement by Jews on the land, including State lands and waste lands not required for public purposes.”
Since Rabbi Wise’s proposed communication to the British Government undoubtedly has to do largely with immigration, it is clear that here again the Zionist organization of America has a legal and established channel of approach through the Jewish agency.
Furthermore, you will recall that a Royal Commission of Inquiry composed of distinguished British statesmen is now in Palestine to investigate and report upon the situation in that country. That Commission is in close touch with the Zionist agency in Palestine. While this whole question is sub judice it would seem altogether inappropriate for this Government to intervene in the matter by acting as a channel of transmission for the views of the Zionist organization in the United States. It might well be held by the British Government that such action would constitute undue interference in this most delicate problem and would tend to prejudice the case in the eyes of the Commission of Inquiry.
In connection with the whole question of the relations between this Government and the Zionist organization it is perhaps pertinent to quote from a conversation which Secretary of State Kellogg had with Dr. Weizmann, now and then President of the Zionist organization, on December 1, 1926. Dr. Weizmann had called to request the approval of the Secretary of State with respect to the formation of a committee to further the Zionist movement in Palestine. Dr. Weizmann had mentioned that he had seen the President who had told him that he would try to find some way to aid him. In reply to Dr. Weizmann’s request Secretary Kellogg records his conversation as follows:
“I said of course I did not know what the President had said but the Zionist Movement was a private enterprise only requiring the [Page 458] consent of the British Government; that the British Government controlled Palestine under a mandate and all we had to do with it was to stipulate in our treaty that American citizens should enjoy the same rights as the nationals of countries members of the League of Nations party to the mandate. He said of course that was true.”
In other words, as long as ten years ago it is clear that the Secretary of State held to the view that the sole purpose of our Mandate Convention was to obtain for our citizens in Palestine the same rights as those enjoyed by nationals of countries members of the League of Nations who are party to the Mandate. I believe it can be established to be equally clear that it was not the intention of this Mandate Convention to entangle us in any other way in the most delicate problem of Palestine.
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