Office of the Historian

867N.01/768: Telegram

The Ambassador in the United Kingdom (Bingham) to the Secretary of State

London, July 7, 1937—9 p.m.
[Received July 7—3:45 p.m.]

448. Request contained in the Department’s 277, July 3, 3 p.m., was conveyed to the Foreign Office whose reply dated today just received reads:

“With reference to Your Excellency’s memorandum No. 2662 of the 6th July,15 I have the honor to inform you that, in the view of His Majesty’s Government in the United Kingdom, the rights of the United States Government and their nationals in regard to Palestine depend on the terms of the ‘Convention between the United Kingdom and the United States of America respecting the rights of the Governments of the two countries and their respective nationals in Palestine’, which was signed in London on the 3rd December, 1924, and of which the ratifications were exchanged in London on the 3rd December, 1925. The rights of the United States Government and their nationals as regards Palestine are those recited in articles 2 to 6 of the Convention, and in article 7 of the Convention. These rights must remain intact whatever changes may be made in the Mandate for Palestine, unless the United States assent to such a change.

2.
In the view of His Majesty’s Government, however, these rights are limited to those specified in the articles of the Convention referred to above, and the consent of the United States Government will, therefore, not be required to any change in the Palestine Mandate unless these specific rights in question are thereby affected. Indeed, the United States having assented, by article 1 of the Convention, to the Mandate as a whole, it follows that the United States Government have accepted the provision in article 27 of the Mandate which lays down that the Mandate may be altered with the consent of the Council of the League of Nations. His Majesty’s Government in the United Kingdom propose to seek the consent of the Council of the League at its September session for any changes in the Mandate of Palestine which may be required as the result of the Royal Commission’s report; but, should any such changes affect any of the United States rights laid down in articles 2 to 6 of the Convention referred to above, His Majesty’s Government will immediately inform the United States and seek their consent thereto.
3.
While the foregoing represents the views of His Majesty’s Government as to their legal obligations towards the United States Government in the matter, they fully appreciate, and indeed welcome, the interest taken by the United States Government in the question 01 the solution of the Palestine problem, and it is their intention to keep the United States Government fully informed of any proposals which they may put forward to the Council of the League for the modification of the Mandate. I have, et cetera,”.

Bingham

  1. This memorandum, copy of which was transmitted to the Department by the Ambassador in his despatch No. 3178, July 7, reads as follows:

    “The American Ambassador presents his compliments to His Majesty’s Principal Secretary of State for Foreign Affairs and has the honor to inform Mr. Eden that the United States Government would be glad to receive at the earliest possible moment a detailed elucidation of the official British position, having regard to the terms of the American-British Convention of December 3, 1924, on the question of consulting the United States Government with respect to any changes that may be proposed in Palestine as the result of the Report of the Royal Commission.” (867N.01/771)

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