867N.00/420

Memorandum by the Acting Secretary of State

This morning Rabbi Stephen S. Wise and Robert Szold, a lawyer who is acting with him in connection with questions pertaining to Palestine, came to my office by appointment and, as I anticipated, brought to my attention certain printed statements which I found to be addressed to the British Commission now functioning in Palestine.

When they signified their desire that these statements should be brought to the attention of the British Government, I reminded them that Secretary Hull some time ago, in considering a request that we should diplomatically bring certain petitions and resolutions pertaining to the Palestine situation to the attention of the British Government, had replied as follows:

“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.”

Rabbi Wise immediately said that he recognizes the reasonableness of this rule and that without it our Government might make itself a sort of post office department for the transmission of all sorts of documents to the British Government. In addition to what was said on the point just mentioned, I reminded Rabbi Wise that the provisions of Article 4 of the Mandate established the Zionist Organization as an Agency authorized to consult with the British Government and suggested that there is thus already a usable vehicle of communication and to this he assented.

[Page 459]

The upshot of the conversation was there were left with us, simply for our own information, copies of the printed statements and that I said, in answer to a question, that we, of course, cannot object to any organization or citizen communicating in any way it may desire with Ambassador Bingham, but that I would inform the Ambassador that we are not instigating any such communication and, of course, are not expecting or desiring him to violate the rule and practice heretofore indicated by Secretary Hull.

Finally Mr. Szold said that, in the event the British Commission should limit Jewish immigration to Palestine not for economic reasons, but for political reasons, in his judgment, there would arise under the treaty a legal question which would require action by our Government. He and Rabbi Wise were quite satisfied when I told them that, in advance of knowing what the Commission may determine, it was premature to talk about any possible legal question in which our Government might or might not be interested.

R. W[alton] M[oore]