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DRAFT OF THE MANDATE FOR PALESTINE AS SUBMITTED BY MR. BALFOUR ON DECEMBER 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, 1950. 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 alled powers, to a mandatory to be selected by 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contracting parties further agreed that the mandatory should be responsible for putting into effect the declaration originally made on November 2, 1917, by the Government of His Britannic Majesty, and adopted by the other allied powers, in favor of the establishment in Palestine of a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 non-Jewish communities in Palestine. or the rights and political status enjoyed by Jews in any other country; and

Whereas recognition has thereby been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national bome 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 to Palestine 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 economie 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 or 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 ecrnomic, 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 Palestineterritory 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 ensuring 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 land not required for public

purposes.

ABT. 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 acquisition 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, 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 entrusted 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 of its territórial 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.

In all cases dealt with under this article, however, the right and duty of the mandatory to maintain order and decorum in the place concerned shall not be affected, and the buildings and sites will be subject to the provisions of such laws relating to public monuments as may be enacted in Palestine with 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

Mr. MOORE. Take the mandate itself.

Professor REED. Now, I am coming to that, and I want to show you how the Balfour declaration is changed here. I do not know whether you want me to read the first clause, " Whereas," etc.

Mr. MOORE. No.

Professor REED. This is headed the "Mandate for Palestine as submitted by Mr. Balfour on December 7, 1920, to the Secretariat General of the League of Nations for the approval of the Council of the League of Nations." There is nothing relevant to this in the first two paragraphs, and then we come to this. (Reading :)

"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

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Mr. FISH. Do you take any exception to the Balfour declaration?
Professor REED. Yes. That was my whole argument yesterday.

Mr. FISH. I thought you said that it did not carry out the Balfour declaration?

Professor REED. I think the Balfour declaration is very bad, but I think the mandate is worse.

Mr. FISH. I thought you took exceptions to the mandate because itProfessor REED. I take exception to the mandate, because it is worse than the Balfour declaration. That makes my position perfectly plain. This is added which is not in the declaration :

'Whereas recognition has thereby been given to the historical connection of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country."

That is, I think, a very bad clause; part of it was intended for the Balfour declaration, as I said yesterday; and the British refused it, because they said, "If you put in 'reconstituting their national home,' it means that you have granted a right to make Palestine a Jewish national home without regard to the consent of its inhabitants. That is my previous testimony. They put that right in here in the mandate.

Mr. COOPER of Wisconsin. You are not now reading from the mandate?
Professor REED. Yes; that is the preamble to the mandate.

Mr. COOPER of Wisconsin. I thought you said this was Balfour's letter suggesting something for the mandate.

Professor REED. No; this is the mandate that I am reading now. Now, article 2. (Reading :)

"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 safe-guarding the civil and religious rights of all the inhabitants of Palestine, irrespective of race and religion."

That sounds very well, and that includes again the idea that all the civil rights will be preserved; but I tried to show you yesterday what, under the Balfour declaration, the Zionists have asked for. (Continuing reading:)

"ART. 3. The mandatory shall encourage the widest measure of self-government for localities consistent with the prevailing conditions."

And here is what Mr. Brandeis suggested

Mr. FISH. Of course, I do not assume for a minute that you do not think that Brandeis and others have a right to make suggestions, or to make even requests for what they believe. You do not question their right on that.

Professor REED. Yes; I question that right if no one else is heard.

Mr. FISH. Does it not show considerable ability on their part if they are able to persuade the British Government?

Professor REED. No; it represents a considerable diplomacy on their part. Mr. FISH. They can not exercise any pressure on the British cabinet. Professor REED. No; they have not exercised pressure; but I can show you where Zionists say Mr. Balfour was their great friend.

The CHAIRMAN. Is it not true that if they had consulted both sides in drafting this mandate, you would not object to it; but you do object to the consulting of 10 per cent of the population and ignoring everyone else?

Professor REED. Yes, sir; and I object to that, as absolutely foreign to the idea of article 22 of the covenant of the League of Nations, which I read to you. That is not a sacred trust." If you did not let others in here, and let

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only the Zionists come in, I would say that there was not much "sacred trust" about that American liberty. Now, here is Mr. Brandeis's suggestion [reading]:

"Article 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."

Now, here you see is written into the mandate the fact that they must recognize a body which is an international body, a body in which all Zionists take part; it must be recognized. It has a legal status with the government. They can come in and talk to that government; and as Dr. Weizmann said elsewhere, according to their power, the more they can talk. That is written into the constitution of the country.

Now, I want to show you into what an impasse the British Secretary of State was forced. I think it is a very, very humiliating thing for Mr. Winston Churchill. Mr. Winston Churchill is the British Secretary of State, and he spoke at Jerusalem March 31, 1921, for he went Palestine to look up matters. He made a very careful survey of the state of the country. He met various delegations, Zionists and others, and he spoke to the non-Jewish Palestinians. I want to show you what he said to them. [Reading:]

"I consider your address partly partisan and incorrect. You ask me to repudiate the Balfour declaration and stop immigration."

Mr. FISH. What was that; stop immigration?

Professor REED. Yes.

Mr. FISH. That means all immigration?

Professor REED. No; the most they have ever said was they wanted immigration stopped for 10 years.

Mr. FISH. How generous; only for 10 years?

Professor REED. Yes.

Mr. FISH. Of all Jews?

Professor REED. Of all Jews, for 10 years. And on the other side, let me say that the Zionist organization has asked for absolutely free immigration; and that is an interesting point, as I can prove to you. The Jaffa riots as the official report shows, began with an attack by Bolshevik Jews and communists on other Jews; and several of those Bolsheviks were expelled from Palestine. The great Zionist assembly at Carlsbad said that they could not approve of anyone being expelled, and every Jew should always be free to enter this land. Mr. FISH. They are supposed now to select immigrants?

Professor REED. They are supposed to select the immigration. I am trying to keep out of this mandate. Mr. Churchill then spoke at Jerusalem as follows [reading]:

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Moreover, it is manifestly right that the scattered Jews should have a national center and a national home in which they might be reunited, and where else but in Palestine, with which the Jews for 3,000 years have been immediately and profoundly associated? We think it is good for the world, good for the Jews, and good for the British Empire, and it is also good for the Arabs dwelling in Palestine, and we intend it to be so. They shall not be supplanted or suffer, but they shall share in the benefits and the progress of Zionism."

This is what I want you to notice:

"I draw your attention to the second part of the Balfour declaration emphasizing the sacredness of your civil and religious rights. I am sorry you regard it as valueless. It is vital to you, and you should hold and claim it firmly. If one promise stands, so does the other. We shall faithfully fulfill both. Examine Mr. Balfour's careful words, Palestine to be a national home,' not 'the national home,' a great difference in meaning.

* * *

"The establishment of a national home does not mean a Jewish Government to dominate the Arabs. Great Britain is the greatest Moslem state in the world, and is well disposed to the Arabs and cherishes their friendship. * You need not be alarmed for the future. Great Britain has promised 106932-22-6

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The mandatory call be responsible for placing the country under such political, admin stratie, and extolle ovaditions as will secure the establishment of the Jewish national bocne.” (Art. 21

Now, why 2 the world tell those people that? Why get up and tell them, *Gerriemen Jon are perfectly safe; it is a national home." when the Balfour declarative is thrown aside in this second artide and "a" Latiozai home bethe national bome? I think that is a rather hard position for the British Secretary of State: and I en tell you why it is a hard condition. Mr. Fish Really, we are talking about something that does not exist. Professor REEL. Yes

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Mr. Fish. Whether or not it is the national hoe is a question of fact. are not going to have there the ratiocal home unless you have a majority of Jews in the country. Moreover, the British manlite has not yet been ratified. Professor REED. Mr. Winston Churchill did this peculiar thing. How could be stand there and tell them that their whole salvation depended upon that difference of a word?

Mr. Fish. Has that mandate heen revised at all!

Professor REED. Not that I know.

The CHAIRMAN. Have you examined other copies of the mandate:

Professor RED. No, sir: I got that from the British Department of Foreign Affairs, and I thought that it was a fair copy. I do not see how I can present a more valuable document than this.

Mr. MOOKE. I want to get straightened out on this, if I can.

Professor REED. Yes.

Mr. MORE. In the covenant of the League of Nations is a general mandatory provision.

Professer Reed Yes; and under that, England administers this country. Mr. Mooka. There is that general mandatory provision. Then this paper that you have used. and that I have in my hand. is a draft of regulations or provisions under which Great Britain was cooperating in Palestine and elsewhere. Professor REED. Yes: that is what is called the Palestine mandate.

Mr. MOORE. This draft was approved by the British Parliament?
Professor REED. No, sir; so far as I know it has never been put before the
English Parliament

Mr. Moos. It has not been approved by the English Parliament?
Professor REED. No, sr.

Mr. Moore. It has not been actually presented to the Council of the League of Nations?

The CHAIRMAN. There was a meeting of the League of Nations at San Remo, when a mandate was offered to the United States over Armenia, a mandate over Palestine to Great Britain, and I think Mesopotamia to Great Britain. I think that is the status of the matter.

Mr. MOORE. Then, as you say, there has not been any final action by the British Government?

Professor REED. No, sir.

Mr. MOORE, Úr by the Council of the League of Nations?

Professor REED. I know there has been no final action by the Council of the League of Nations.

Mr. Moore. So that we do not know yet what are the final provisions under which the British Government is to act in Palestine?

Professor REED. The only thing I have seen changing the mandate at all is COLcerning the trans-Jordanania region.

Mr. MoGRE. Then the point you make is that if we pass this resolution we do it without knowing that what we are approving is the final thing which is

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