« PreviousContinue »
venient reference to the mandate, so that we might have a copy of it in the record ?
The CHAIRMAN. Yes.
DRAFT OF THE MANDATE FOR PALESTINE AS SUBMITTED BY MR. BALFOUR ON DECEM
BER 7, 1920, TO THE SECRETARIAT-GENERAL OF THE LEAGUE OF NATIONS FOR THE APPROVAL OF THE COUNCIL OF THE LEAGUE OF NATIONS.
THE COUNCIL OF THE LEAGUE OF NATIONS.
Whereas by article 132 of the treaty of peace signed at Sevres on the 10th day of August, 1920, Turkey renounced in favor of the principal allied powers all rights and title over Palestine; and
Whereas by article 95 of the said treaty the high contracting parties agreed to intrust, by application of the provisions of article 22, the administration of Palestine, within such boundaries as might be determined by the principal allied powers, to a mandatory to be selected by the said powers; and
Whereas by the same article the high contracting parties further agreed that the mandatory should be responsible for putting into effect the declaration originally made on November 2, 1917, by the Government of His Britannic Majesty, and adopted by the other allied powers, in favor of the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing should be done which might prejudice the civil and religious rights of existing of non-Jewish communities in Palestine or the rights and political status enjoyed by Jews in any other country; and
Whereas recognition has already been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country; and
Whereas the principal allied powers have selected His Britannic Majesty as the mandatory for Palestine; and
Whereas the terms of the mandate in respect of Palestine have been formulated in the following terms and submitted to the council of the league for approval; and
Whereas His Britannic Majesty has accepted the mandate in respect of Pal. estine and undertaken to exercise it on behalf of the League of Nations in conformity with the following provisions :
Hereby approves the terms of the said mandate as follows:
ARTICLE 1. His Britannic Majesty shall have the right to exercise as mandatory all the powers inherent in the government of a sovereign State, save as they may be limited by the terms of the present mandate.
ART. 2. The mandatory shall be responsible for placing the country under such political, administrative, and economic conditions as will secure the establishment of the Jewish national home, as laid down in the preamble, and the development of self-governing institutions, and also for safeguarding the civil and religious rights of all the inhabitants of Palestine, irrespective of race and religion.
Art. 3. The mandatory shall encourage the widest measure of self-government for localities consistent with the prevailing conditions.
Art. 4. An appropriate Jewish agency shall be recognized as a public body for the purpose of advising and cooperating 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 organization, so long as its organization and constitution are in the opinion of the mandatory appropriate shall be recognized as such agency. It shall take steps, in consultation with His Britannic Majesty's Government, to secure the cooperation of all Jews who are willing to assist in the establishment of the Jewish national home.
Art. 5. The mandatory shall be responsible for seeing that no Palestine territory shall be ceded or leased to or in any way placed under the control of the Government of any foreign power.
ART. 6. The administration of Palestine, while insuring 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 cooperation 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.
ART. 7. The administration of Palestine will be responsible for enacting a nationality law. There shall be included in this law provisions framed so as to facilitate the acqu'sition of Palestinian citizenship by Jews who take up their permanent residence in Palestine.
ART. 8. The immunities and privileges of foreigners, including the benefits of consular jurisdiction and protection as formerly enjoyed by capitulation or usage in the Ottoman Empire, are definitely abrogated in Palestine.
ART. 9. The mandatory shall be responsible for seeing that the judicial system established in Palestine shall safeguard (a) the interests of foreigners; (b) the law and (to the extent deemed expedient) the jurisdiction now existing in Palestine with regard to questions arising out of the religious beliefs of certain communities (such as the laws of Wakf and personal status). In particular, the mandatory agrees that the control and administration of Wakfs shall be exercised in accordance with religious law and the dispositions of the founders.
ART. 10. Pending the making of special extradition agreements relating to Palestine, the extradition treaties in force between the mandatory and other foreign powers shall apply to Palestine.
ART. 11. The administration of Palestine shall take all necessary measures to safeguard the interests of the community in connection with the development of the country, and, subject to article 311 of the treaty of peace with Turkey, shall have full power to provide for public ownership or control of any of the natural resources of the country, or of the public works, services, and utilities established or to be established therein. It shall introduce a land system appropriate to the needs of the country, having regard, among other things, to the desirability of promoting the close settlement and intensive cultivation of the land.
The administration may arrange with the Jewish agency mentioned in article 4 to construct or operate, upon fair and equitable terms, any public works, services, and utilities, and to develop any of the natural resources of the country, in so far as these matters are not directly undertaken by the administration. Any such arrangements shall provide that no profits distributed by such agency, directly or indirectly, shall exceed a reasonable rate of interest on the capital, and any further profits shall be utilized by it for the benefit of the country in a manner approved by the administration.
ART. 12. The mandatory shall be intrusted with the control of the foreign relations of Palestine and the right to issue exequaturs to consuls appointed by foreign powers. It shall also be entitled to afford diplomatic and consular protection to citizens of Palestine when outside its territorial limits.
ART. 13. All responsibility in connection with the holy places and religious buildings or sites in Palestine, including that of preserving existing rights, of securing free access to the holy places, religious buildings, and sites and the free exercise of worship, while insuring the requirements of public order and decorum, is assumed by the mandatory, who will be responsible solely to the League of Nations in all matters connected therewith: Provided, That nothing in this article shall prevent the mandatory from entering into such arrangement as he may deem reasonable with the administration for the purpose of carrying the provisions of this article into effect: And provided also, That nothing in this mandate shall be construed as conferring upon the mandatory authority to interfere with the fabric or the management of purely Moslem sacred shrines, the immunities of which are guaranteed.
ART. 14. In accordance with article 95 of the treaty of peace with Turkey, the mandatory undertakes to appoint as soon as possible a special commission to study and regulate all questions and claims relating to the different religious communities. In the composition of this commission the religious interests concerned will be taken into account. The chairman of the commission will be appointed by the Council of the League of Nations. It will be the duty of this commission to insure that certain holy places, religious buildings, or sites regarded with special veneration by the adherents of one particular religion are intrusted to the permanent control of suitable bodies representing the adherents of the religion concerned. The selection of the holy places, religious buildings, or sites so to be intrusted shall be made by the commission, subject to the approval of the mandatory.
The rights of control conferred under this article will be guaranteed by the League of Nations.
Art. 15. The mandatory will see that complete freedom of conscience and the free exercise of all forms of worship, subject only to the maintenance of public order and morals, is insured to all. No discrimination of any kind shall be made between the inhabitants of Palestine on the ground of race, religion, or language. No person shall be excluded from Palestine on the sole ground of his religious belief.
The right of each community to maintain its own schools for the education of its own members in its own language-while conforming to such educational requirements of a general nature as the administration may impose—shall not be denied or impaired.
ART. 16. The mandatory shall be responsible for exercising such supervision over missionary enterprise in Palestine as may be required for the maintenance of public order and good government. Subject to such supervision, no measures shall be taken in Palestine to obstruct or interfere with such enterprise or to discriminate against any missionary on the ground of his religion or nationality.
ART. 17. The administration of Palestine may organize on a voluntary basis the forces necessary for the preservation of peace and order, and also for the defense of the country, subject, however, to the supervision of the mandatory, who shall not use them for purposes other than those above specified, save with the consent of the administration of Palestine, and except for such purposes no military, naval, or air forces shall be raised or maintained by the administra. tion of Palestine.
Nothing in this article shall preclude the administration of Palestine from contributing to the cost of the maintenance of forces maintained by the manda. tory in Palestine.
The mandatory shall be entitled at all times to use the roads, railways, and ports of Palestine for the movement of troops and the carriage of fuel and supplies.
ART. 18. The mandatory must see that there is no discrimination in Palestine against the nationals of any of the States members of the League of Nations (including companies incorporated under their laws) as compared with those of the mandatory or of any foreign State in matters concerning taxation, commerce, or navigation, the exercise of industries or professions, or in the treatment of ships or aircraft. Similarly, there shall be no discrimination in Palestine against goods originating in or destined for any of the said States, and there shall be freedom of transit under equitable conditions across the mandated area.
Subjected as aforesaid and to the other provisions of this mandate, the administration of Palestine may, on the advice of the mandatory, impose such taxes and customs duties as it may consider necessary and take such steps as it may think best to promote the development of the natural resources of the country and to safeguard the interests of the population.
Nothing in this article shall prevent the Government of Palestine, on the advice of the mandatory, from concluding a special customs agreement with any State the territory of which in 1914 was wholly included in Asiatic Turkey or Arabia.
ART. 19. The mandatory will adhere on behalf of the administration to any general international conventions already existing or that may be concluded hereafter with the approval of the League of Nations respecting the slave traffic, the traffic in arms and ammunition, or the traffic in drugs, or relating to commercial equality, freedom of transit and navigation, aerial navigation and postal, telegraphic, and wireless communication or literary, artistic, or industrial property.
ART. 20. The mandatory will cooperate on behalf of the administration of Palestine, so far as religious, social, and other conditions may permit, in the execution of any common policy adopted by the League of Nations for preventing and combating disease, including diseases of plants and animals.
ART. 21. The mandatory will secure, within 12 months from the date of the coming into force of this mandate, the enactment and will insure the execution of a law of antiquities based on the provisions of article 421 of Part XIII of the treaty of peace with Turkey. This law shall replace the former Ottoman law of antiquities and shall insure equality of treatment in the matter of archæological research to the nationals of all States members of the League of Nations.
Apt. 22. English, Arabic, and Hebrew shall be the official languages of Palestine. Any statement or inscriptions in Arabic on stamps or money in Palestine shall be repeated in Hebrew and any statements or inscriptions in Hebrew shall be repeated in Arabic.
ART. 23. The administration of Palestine shall recognize the holy days of the respective communities in Palestine as legal days of rest for the members of such communities.
ART. 24. The mandatory shall make to the council of the League of Nations an annual report as to the measures taken during the year to carry out the provisions of the mandate. Copies of all laws and regulations promulgated or issued during the year shall be communicated with the report.
ART. 25. If any dispute whatever should arise between the members of the League of Nations relating to the interpretation of the application of these provisions which can not be settled by negotiations, this dispute shall be submitted to the permanent court of international justice provided for by article 14 of the covenant of the League of Nations.
ART. 26. The consent of the council of the League of Nations is required for any modification of the terms of the present mandate, provided that in the case of any modification proposed by the mandatory such consent may be given by a majority of the council.
ART. 27. In the event of the termination of the mandate conferred upon the mandatory by this declaration the council of the League of Nations shall make such arrangements as may be deemed necessary for safeguarding in perpetuity, under guaranty of the league, the rights secured by articles 13 and 14, and for securing, under the guaranty of the league, that the Government of Palestine will fully honor the financial obligations legitimately incurred by the administration of Palestine during the period of the mandate.
The present copy shall be deposited in the archives of the League of Nations and certified copies shall be forwarded by the secretary general of the League of Nations to all powers signatories of the treaty of peace with Turkey.
Mr. LINTHICUM. In the beginning of your remarks you said the non-Jewish Palestinians were called Arabs, but were not Arabs.
Mr. REED. Yes, sir.
“ It is not true that Palestine is the national home of the Jewish people, and of no other people. It is not correct to call its non-Jewish inhabitants Arabs or to say that they have left no image of their spirit and made no history except in the Great Mosque.”
I am giving now the evidence of Sir George Adams Smith on that point. Mr. CONNALLY. What are they, Syrians?
Mr. REED. Yes. The Arab race is supposed to be a much purer race. The Syrians have Crusader blood, French blood, and, of course, they are a Semitic
It is a mixed race. May I continue with what Sir George Adam Smith has said:
· Palestine formed as it is and surrounded as it is is emphatically a land of tribes. The idea that it can ever belong to one nation, even though that is the Jews, is contrary both to nature and to scripture.”
That is from a man thoroughly in sympathy with Jewish history.
Mr. TEMPLE. Is it not true that the geographical situation of Palestine has made it the cross-roads of the universe for thousands of years, and every racial element in that part of the world is represented in the native population of Palestine.
Mr. REED. The Phænicians, the Romans, the Greeks, the Persians.
Mr. REED. Mr. Cockran, I do not want to give you a wrong impression. This is not a matter of my personal opinions.
Mr. COCKRAN. I understand.
Mr. REED. I am very much stirred up by this resolution because I think it is wrong for our country to indorse a declaration written as that was in various offices and chancellories. I think it was Mr. Lipsky who spoke of making Palestine a Switzerland. That is not the Zionist idea at all, because Switzerland · is quite different. For example, a member of the Zionist executive in Palestine
is Doctor Eder, a very fine man. He has stated that there can be only one national home in Palestine-a Jewish one; and no equality in the partnership between Jews and Arabs. Doctor Eder said that when questioned by a commission appointed by Sir Herbert Samuel to investigate the Joppa riots which disgraced Palestine. In those riots both sides committed great wrongs. The commission shows it here in this report.
Mr. COCKRAN. Which were the both sides?
Mr. REED. The Zionists, and as everyone says, the “Arab” side, the natives of Palestine.
Mr. COOPER. You think both sides did wrong. Do you think in the pogroms and butcheries that the Jews did wrong?
Mr. REED. No.
Mr. COOPER. You think the Jews were butchered in cold blood in the other countries?
Mr. REED. I think they were. There have been no pogroms in Palestine. Doctor Eder is the Zionist executive there.
Mr. LINTHICUM. The professor said he would like to go into the mandate.
Mr. CONNALLY. Will you mind stating what was the occasion of your visit there?
Mr. REED. I worked as the deputy commissioner for the American Red Cross. I was there three and a half months in purely relief work.
(Thereupon, at 12.15 o'clock, p. m., the committee adjourned to meet again at 10.30 o'clock, a. m., Thursday, April 20, 1922.)
COMMITTEE OF FOREIGN AFFAIRS,
HOUSE OF REPRESENTATIVES,
Thursday, April 20, 1922. The committee this day met, Hon. Stephen G. Porter (chairman) presiding.
The CHAIRMAN. The committee will be in order. Mr. Fish, have you anybody to call this morning ?
Mr. FISH. Yes.
The CHAIRMAN. Before you start, let me say that the Rev. Isaac Landman is here and desires to testify this morning.
Mr. Fish. Mr. Abraham Goldberg who is here represents the Zionists of America, and will be our first speaker to-day. He wishes about 30 minutes.
STATEMENT OF MR. ABRAHAM GOLDBERG, 55 FIFTH AVENUE,
NEW YORK CITY.
The CHAIRMAN. Kindly state your name and address and occupation.
Mr. GOLDBERG. Abraham Goldberg; office 55 Fifth Avenue, care of the Zionist Organization of America.
The CHAIRMAN. Is that your only occupation ?
Mr. GOLDBERG. Mr. Chairman and Congressmen, I want to preface my remarks before I answer the question of the distinguished Congressman who asked me where I was born. I am not, to begin with, a professor, not an assistant, certainly not a professor of English. I was not born even in America which I regret very much. Unfortunately, I was born in a land where the Jews are massacred, rcbbed, and despoiled. I came here when I was 17 years old, because I had very few chances in Russia, and I came with my parents because they too were robbed of even the possibility of making a living. But when I came here I did not relinquish the hope that the Jews as a people might get back their own land. Not only did I not relinquish that hope, but I was sure the American people as such would help us. Personally, I am a citizen of the Great Republic and protected by the flag of the Republic, and I believe I love America because I know the difference between the land I came from and the land I adopted, and I believe that at any moment were America in danger I would be ready to shed my blood for this country, but at the same time the Jewish people, as a people, is unfortunate, has not anything to itself, has not a land, is robbed of the possibility of even developing its own language, and when I came to these shores I was certain America would help the Jewish people to get its land back.
Gentlemen, I must say this, that there are not many here that are opposed to the Jews. On the contrary, wherever we go we meet many and many friends