867n.01/400

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

No. 606

Sir: Referring to the Department’s telegraphic instruction No. 108, April 28, 5 p.m., 1924, and the Department’s mail instruction No. 182 of May 2, 1924,40 concerning the proposed convention between the United States and Great Britain respecting Palestine, I have the honor to enclose a copy, in triplicate, of the reply of the [Page 208] British Government, under date of July 17, 1924, to my representations in the premises.

In this connection I am informed orally by the Foreign Office that the reply of His Majesty’s Government with regard to the proposed B Mandate Convention will be forthcoming shortly.

I have [etc.]

For the Ambassador:
F. A. Sterling

Counselor of Embassy
[Enclosure]

The British Secretary of State for Foreign Affairs (MacDonald) to the American Ambassador (Kellogg)

No. E 5825/1354/65

Your Excellency, His Majesty’s Government have given their attentive and sympathetic consideration to the draft convention respecting the British Mandate in Palestine enclosed in Your Excellency’s note No. 187 of the 30th of April,41 and I am now happy to inform you that they accept, subject to certain minor textual amendments, the United States Government’s draft of the convention, with the exception of the second half of article 6, dealing with the privileges to be accorded to United States consular officers in Palestine. His Majesty’s Government regret that they do not see the necessity for the insertion in the convention of any such stipulation as that proposed, since the Palestine Administration have every intention of treating United States consular officers in as favorable a manner as the consular representatives of other states.

2.
As regards the remainder of the draft, I beg leave to suggest certain slight alterations in the wording to avoid all risk of ambiguity. It would be preferable that the second paragraph of the preamble should be amended to read “…Covenant of the League of Nations in the Treaty of Versailles”. Article 1 would also be clearer if it were worded “Subject to the provisions of the present convention the United States consent to the administration of Palestine by His Britannic Majesty, pursuant to the mandate recited above”. The first half of article 6 might with advantage be altered to “… and conventions which are or may be in force between the United States and Great Britain and the provisions of any treaties which are or may be in force …”. Lastly I suggest that the final sentence of article 8 should begin “The present Convention shall take effect …”.
3.
As regards the penultimate paragraph of your note, His Majesty’s Government agree that the present convention shall be applicable [Page 209] to such territory as may be under British mandate to the east as well as to the west of the River Jordan. They regret, however, that they cannot concur in the interpretation put by the United States Government on article 7 of the draft convention as regards changes in the administration of Trans-jordania, as it is essential that they be allowed latitude to make changes in the administration of that territory in such manner as may appear necessary, provided that such action does not conflict with the terms of the mandate.
4.
The concluding paragraph of your note dealt with the question of most-favoured-nation treatment. I desire to assure the United States Government that American nationals in Palestine will receive most-favoured-nation treatment, but as no exchange of notes has yet taken place as regards the proposed assurances to be given to the Italian Government I regret that His Majesty’s Government are not in a position to give the specific assurance asked for in the last sentence of your note.

I have [etc.]

J. Ramsay MacDonald
  1. Not printed.
  2. See telegram no. 108, Apr. 28, to the Ambassador in Great Britain, p. 203.