Office of the Historian

367n.1121 Hanovich, Israel/2: Telegram

The Secretary of State to the Ambassador in Great Britain (Kellogg)

Washington, April 15, 1924—2 p.m.

99. Following telegram received from Consul Jerusalem:

“April 11, 10 a.m. Referring to Department’s telegram of November 2, 2 p.m.13 Israel Hanovich, American citizen, has been fined ten pounds sterling by a court at Jaffa and imprisoned notwithstanding protest and the demand that he be given into our possession for trial. Local courts insist that they have same jurisdiction over American citizen as natives, and resist all efforts of the Consulate to assume jurisdiction in civil or criminal proceedings brought against American citizens. Unless necessary representations come from Foreign Office, London, to the Government of Palestine, there is no prospect of change in the situation on the part of judicial authorities. Two native judges always overrule British judge on questions concerning American claims to capitulations and the agreement reached between the Consulate and the Legal Secretary is ignored by the courts and not enforced by this government. Heizer.”

In this connection see Department’s written instruction 977, October 4, 192314 and British Foreign Office reply of November 29, 1923 (your written despatch 3180, November 30, 1923).15

Please bring to attention of Foreign Office substance of Heizer’s telegram. With reference to Department’s telegram 85, April 4, 4 p.m.,16 you may state to Foreign Office that Department hopes to take up correspondence with regard to Palestine Mandate Convention within a few days and that it trusts that pending the conclusion and ratification of such an agreement, measures will be taken to avoid raising an issue by the insistence of the local courts upon jurisdiction over American citizens.

In connection with reference in above telegram to two native judges always overruling British judge, Department would call your attention to assurances in British Foreign Office note of December 29, 1921, your written despatch 831, December 30, 1921,17 from which it was understood here that even after Palestine Convention [Page 198] went into effect foreign nationals, including citizens of the United States, would have the right to be tried by a court with a majority of British judges except in trivial cases.

Hughes
  1. Not printed.↩
  2. Foreign Relations, 1923, vol. ii, p. 222.↩
  3. Ibid., p. 225.↩
  4. Not printed.↩
  5. Foreign Relations, 1921, vol. ii, p. 115.↩