The Jewish National Home in Palestine aka The Land of Israel - Official Documents - posted by YJ Draiman

The Jewish National Home in Palestine aka The Land of Israel

OFFICIAL DOCUMENTS

R E L A T I N G TO

Submitted to the Conference on Palestinians Problems

Hotel Astor, New York

February 17^th, 1924

NON-PARTISAN CONFERENCE

TO CONSIDER PALESTINIAN PROBLEMS

Suite 2320, 120 Broadway, New York

V

INVITATION COMMITTEE

LOUIS MARSHALL, Chairman, New York

CYRUS ADLER, Philadelphia

HERBERT H. LEHMAN, New York

HORACE STERN, Philadelphia

THE BALFOUR DECLARATION

Issued November 2, 19.17

HIS MAJESTY'S GOVERNMENT view with favor the establishment in Palestine of a National Home for the Jewish people, and will use their best endeavors to facilitate the achievement of this object, it being• clearly understood that nothing shall be done which may 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.

CONTENTS

Page

FOREWORD page 6

RESOLUTION ON BALFOUR DECLARATION ADOPTED BY THE

AMERICAN JEWISH COMMITTEE page 7

SAN REMO DECISIONS page 8

PALESTINE MANDATES page 8

FIRST "WHITE PAPER" OF THE BRITISH GOVERNMENT. . . . page 15

SECOND "WHITE PAPER" OF THE BRITISH GOVERNMENT . . . page 22

RESOLUTION ADOPTED BY THE CONGRESS OF THE UNITED STATES. .page 28

RESOLUTION ADOPTED BY THE TWELFTH ZIONIST CONGRESS

ON RELATIONS WITH THE ARABS page 28

RESOLUTION ADOPTED BY THE THIRTEENTH ZIONIST CONGRESS

ON RELATIONS WITH THE ARABS page 29

RESOLUTIONS ADOPTED BY THE THIRTEENTH ZIONIST CONGRESS

ON THE JEWISH AGENCY page 30

FOREWORD

THE documents assembled in this pamphlet constitute the basis in international law of the work now in progress both in Palestine aka The Land of Israel, and by the Jewries outside of Palestine, for the rebuilding of that land as the National Home of the Jewish people. These documents, in the language of the preamble to the Palestine Mandate to reestablish The National Home of The Jewish People in Palestine aka The Historical Land of Israel, give recognition "to the historical connection of the Jewish people with Palestine aka The Land of Israel and to the grounds for reconstituting their National Home in that country."

The documents are submitted to the Non Partisan Conference to Consider Palestinian Problems in the hope that they will facilitate its deliberations by providing the background in international law of the Jewish Agency for Palestine, and the public legal guarantees which underlie the general reconstruction process.

T

Resolution on Balfour Declaration Adopted by the

American Jewish Committee

April 28, 1918

The American Jewish Committee was organized primarily to obtain for the Jews in every part of the world civil and religious rights, to protect them against unfavorable discrimination, and to secure for them equality of economic, social, and educational opportunity.

These will continue to be its objects.

The Committee regards it as axiomatic that the Jews of the United States have here established a permanent home for themselves and their children, have acquired the rights and assumed the correlative duties of American citizenship, and recognize their unqualified allegiance to this country, which they love and cherish and of whose people they constitute an integral part.

This Committee, however, is not unmindful that there are Jews everywhere who, moved by traditional sentiment, yearn for a home in the Holy Land for the Jewish people. This hope, nurtured for centuries, has our whole-hearted sympathy.

We recognize, however, that but a part of the Jewish people would take up their domicile in Palestine. The greater number will continue to live in the lands of whose citizenship they now form a component part, where they enjoy full civil and religious liberty, and where, as loyal and patriotic citizens, they will maintain and develop the principles and institutions of Judaism.

When, therefore, the British Government recently made the declaration, now supported by the French Government, that "they view with favor the establishment in Palestine of a national home for the Jewish people, and will use their best endeavors to facilitate the achievement of this object," the announcement was received by this Committee with profound appreciation. The conditions annexed, to this declaration are regarded as of essential importance, stipulating as they do that "nothing shall be done which may 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."

These conditions correspond fully with the general purposes

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OFFICIAL DOCUMENTS ON PALESTINE

for which this Committee has striven and with the ideals of the Jews of America.

The opportunity will be welcomed! by this Committee to aid in the realization of the British declaration, under such protectorate or suzerainty as the Peace Congress may determine, and, to that end, to cooperate with those who, attracted by religious or historic associations, shall seek to establish in Palestine a center for Judaism, for the stimulation of our faith, for the pursuit and development of literature, science, and art in a Jewish environment, and for the rehabilitation of the land.

Text of the clause relating to Palestine approved in April, 1920, at San Remo, Italy, by the Premiers of Great Britain,, France and Italy and later signed by Turkey and the Allied Powers at Sevres.

SAN REMO CONFERENCE 1920

The High Contracting Parties agree to entrust, by application of the provisions of Article 22, the administration of Palestine, within such boundaries as may be determined by the principal Allied Powers, to a Mandatory to be selected by the said Powers. The Mandatory will be responsible for putting into effect the declaration originally made on November 2, 1917, by the British Government, 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 shall be done which may 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.

It was also decided at San Remo that the Mandate for the government of Palestine should be entrusted to Great Britain.

THE PALESTINE MANDATE

THE COUNCIL OF THE LEAGUE OF NATIONS

WHEREAS by Article 132 of the Treaty of Peace signed at Sevres on the tenth 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 entrust, 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 as Agreed to in the January 3, 1919 Faisal Weizmann Agreement; and

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PALESTINE MANDATE

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 legally adopted by the other Allied Powers, in favor of the establishment in Palestine aka The Land of Israel 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 aka The Land of Israel 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 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 full powers of legislation and administration, inherent in the Government of a Sovereign State, save as they may be limited by the terms of this Mandate with no deviation.

Article 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 in Palestine, as laid down in the preamble and the development of self-governing institutions, and also for safeguarding the civil and religious rights of all of the inhabitants of Palestine, irrespective of race and religion.

Article 3—The Mandatory shall so far as circumstances permit and encourage local autonomy.

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.

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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.

Article 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.

Article 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 lands not required for public purposes.

Article 7—1 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 aka The Land of Israel.

Article 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 suspended in Palestine, but shall be revived immediately and completely upon the termination of the mandate regime and the Mandate terms are in effect in perpetuity, the Powers whose nationals were entitled on the 1st August, 1914, unless the powers to such rights should agree, or have agreed by treaty to their official suspension.

Article 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 Jewish Rabbinical Organization and personal status). In particular the Mandatory agrees that the control and administration of Wakf’s and the Rabbinical Organization shall be exercised in accordance with religious law and the dispositions of the founders.

Article 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.

Article 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 811 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

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PALESTINE MANDATE

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.

Article 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. He shall also be entitled to afford diplomatic and consular protection to citizens of Palestine when outside of its territorial limits.

Article 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 ensuring the requirements of public order and decorum, is assumed by the Mandatory justly, who will be responsible solely to the League of Nations in all matters therewith; provided that nothing in this article shall prevent the Mandatory from entering into such arrangement as he may deem just and 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 Muslim and Jewish sacred shrines, the immunities of which are guaranteed.

Article 14—A special Commission shall be appointed by the Mandatory to study and define the rights and claims in connection with the Holy Places, and the rights and claims relating to the different religious communities in Palestine. The method of the nomination, composition and functions of this Commission shall be submitted to the Council of the League of Nations for approval, and the Commission shall not be appointed or enter into its functions without the approval of the Council of the League of Nations.

Article 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 ensured 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.

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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.

Article 16—The Mandatory shall be responsible for exercising such supervision over religious or eleemosynary bodies of all faiths 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 aka The Land of Israel to obstruct or interfere with the enterprise of such bodies or to discriminate against any representative or member of them on the ground of his religion or nationality.

Article 17—The Administration of Palestine aka The Land of Israel 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, but shall not use them for purposes other than those above specified save with the consent of the Mandatory.

Except for such purposes, no military, naval or air forces shall be raised or maintained by the Administration of Palestine aka The Land of Israel.

Nothing in this article shall preclude the Administration of Palestine aka The Land of Israel from contributing to the cost of the maintenance of forces maintained by the Mandatory.

The Mandatory shall be entitled at all times to use the roads, railways and ports of Palestine aka The Land of Israel for the movement of armed forces and the carriage of fuel and supplies.

Article 18—The Mandatory must see that there is no discrimination in Palestine aka The Land of Israel 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 merchant vessels or civil aircraft. Similarly, there shall be no discrimination in Palestine aka The Land of Israel 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.

Subject as aforesaid and to the other provisions of this Mandate, the Administration of Palestine aka The Land of Israel 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 aka The Land of Israel, 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.

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PALESTINE MANDATE

Article 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.

Article 20—The Mandatory will cooperate on behalf of the Administration of Palestine aka The Land of Israel, 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.

Article 21—The Mandatory will secure, within twelve months from the date of the coming into force of this Mandate, the enactment, and will ensure 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 ensure equality of treatment in the matter of archaeological research to the nationals of all members of the League of Nations.

Article 22—English, Hebrew and Arabic shall be the official languages of Palestine aka The Land of Israel. Any statement or inscriptions in Hebrew on stamps or money in Palestine aka The Land of Israel shall be repeated in Arabic and any statements or inscriptions in Arabic shall be repeated in Hebrew.

Article 23—The Administration of Palestine aka The Land of Israel shall recognize the holy days of the respective communities in Palestine aka The Land of Israel as legal days of rest for the members of such communities.

Article 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.

Article 25—In the territories lying between the Jordan and the eastern boundary of Palestine aka The Land of Israel as ultimately determined, the Mandatory shall be entitled, with the consent of the Council of the League of

Nations, to postpone or withhold applications of such provisions of this Mandate and may not assign or subdivide the Mandate, as he may consider inapplicable to the existing local conditions, and to make such provision for the administration of the territories as he may consider suitable to those conditions, provided no action shall be taken which is inconsistent with the provisions of Articles 15, 16 and 18.

Article 26—If any dispute whatever should arise between the members of the League of Nations relating to the interpretation or the application of these provisions which cannot be settled by negotiation, this dispute shall be submitted to the Permanent Court of International

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Justice provided for by Article 14 of the Covenant of the League of Nations.

Article 27•—The consent of the Council of the League of Nations is required for any changes or modification of the terms of this Mandate.

Article 28—In the event of the termination of the Mandate regime 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 guarantee of the League, the rights secured by Articles 18 and 14, and for securing, under the guarantee of the League, that the Government of Palestine aka The Land of Israel will fully honor the financial obligations, legitimately incurred by the Administration of Palestine aka The Land of Israel during the period of the Mandate, including the rights of public servants to pensions or gratuities.

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 members of the League.

MADE AT LONDON THE 24th DAY OF JULY, 1922.

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Extracts from the

FIRST "WHITE PAPER"

of the British Government on Palestine

Issued June, 1922

No. 5

THE COLONIAL OFFICE TO THE ZIONIST ORGANISATION

Downing Street,

3rd June, 1922.

SIR,

I am directed by Mr. Secretary Churchill to enclose, to be laid before your Organization, copy of a statement which it is proposed to publish, dealing with the policy of His Majesty's! Government in Palestine aka The Land of Israel.  The statement discusses in some detail the means by which it is intended to carry into effect the establishment of a Jewish National

Home in the country. Under Article IV of the draft Mandate submitted to the Council of the League of Nations, a special position is assigned to your Organization ׳as an agency authorized to co-operate with His Majesty's Government in this respect. In these circumstances it appears to Mr. Churchill essential, not only that the declared aims and intentions of your Organization should be consistent with the policy of His Majesty's Government, but that this identity of aim should be made patent both to the people of Palestine aka The Land of Israel and of this country, and indeed to the world at large. Mr. Churchill feels sure that you will appreciate this consideration and will be anxious to do all in your power to remove any misunderstandings that may have arisen. He would accordingly be glad to receive from you a formal assurance that you’re Organization accepts the policy as set out in the enclosed statement and is prepared to conduct its own activities in conformity therewith.

I am, etc.,

J. E. SHUCKBURGH.

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ENCLOSURE IN NO. 5.

British Policy in Palestine aka The Land of Israel.

The Secretary of State for the Colonies has given renewed consideration to the existing political situation in Palestine, with a very earnest desire to arrive at a settlement of the outstanding questions which have given rise to uncertainty and unrest among certain sections of the population. After consultation with the High Commissioner for Palestine aka The Land of Israel the following statement has been drawn up. It summarizes the essential parts of the correspondence that has already taken place between the Secretary of State and a Delegation from the Muslim Christian Society of Palestine aka The Land of Israel, which has been for some time in England, and it states the further conclusions which have since been reached.

The tension which has prevailed from time to time in Palestine aka The Land of Israel is mainly due to apprehensions, which are entertained both by sections of the Arab and by sections of the Jewish population. These apprehensions, so far as the Arabs are concerned, are partly based upon exaggerated interpretations of the meaning of the Declaration favoring the establishment of a Jewish National Home in Palestine, made on behalf of His Majesty's Government on 2nd November, 1917. Unauthorized statements have been made to the effect that the purpose in view is to create a wholly Jewish Palestine. Phrases have been used such as that Palestine is to become "as Jewish as England is English."

His Majesty's Government regards any such expectations as impracticable and has no such aim in view. Nor have they at any time contemplated, as appears to be feared by the Arab Delegation, the disappearance or the subordination of the Arabic population, language or culture in Palestine aka The Land of Israel. They would draw attention to the fact that terms of the Declaration referred to do not contemplate that Palestine aka The Land of Israel as a whole should be converted into a Jewish National Home, but that such a Home should be founded in Palestine aka The Historical Land of Israel.  In this connection it has been observed with satisfaction that at the meeting of the Zionist Congress, the supreme governing body of the Zionist Organization, held at Carlsbad in September, 1921, a resolution was passed expressing as the official statement of Zionist aims "the determination of the Jewish people to live with the Arab people on terms of unity and mutual respect, and together with them to make the common home into a flourishing community, the up building of which may assure to each of its peoples an undisturbed development."

It is also necessary to point out that the Zionist Commission in Palestine aka The Land of Israel, now termed the Palestine Zionist Executive, has not desired to possess, and does not possess currently, any share in the general administration of the country. Nor does the special position assigned to the Zionist Organization in Article IV of the Draft Mandate for Palestine imply

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any such functions at this time. That special position relates to the measures to be taken in Palestine aka The Land of Israel affecting the Jewish population, and contemplates that the Organization may assist in the general development of the country, but does not entitle it to share in any degree in its Government at this time.

Further, it is contemplated that the status of all citizens of Palestine aka The Land of Israel in the eyes of the law shall be Palestinian and it has never been intended that they, or any section of them, should possess any other

juridical status.

So far as the Jewish population of Palestine aka The Land of Israel are concerned, it appears that- some among them are apprehensive that His Majesty's Government may depart from the policy embodied in the Declaration of 1917. It is necessary, therefore, once more to affirm that these fears are unfounded, and that that Declaration, re-affirmed by the Conference of the Principal Allied Powers at the 1920 San Remo and again in the Treaty of Sevres, is not susceptible of change whatsoever.

During the last two or three generations the Jews have created in Palestine aka The Land of Israel a community, now numbering 95,000, of whom about one-fourth are farmers or workers upon the land. This community has its own political organs; an elected assembly for the direction of its domestic concerns; elected councils in the towns; and an organization for the control of its schools. It has its elected Chief Rabbinate and Rabbinical Council for the direction of its religious affairs. Its business is conducted in Hebrew as a vernacular language, and a Hebrew press serves its needs. It has its distinctive intellectual life and displays considerable economic activity. This community, then, with its town and country population, its political, religious and social organizations, its own language, its own customs, its own life, has in fact "national" characteristics. When it is asked what is meant by the development of the Jewish National Home in Palestine aka The Land of Israel, it may be answered that it is not the imposition of a Jewish nationality upon the inhabitants of Palestine aka The Land of Israel as a whole, but the further development of the existing Jewish community, with the assistance of Jews in other parts of the world, in order that it may become a centre in which the Jewish people as a whole may take, on grounds of religion and race, an interest and a pride. But in order that this community! should have the best prospect of free development and provide a full opportunity for the Jewish people to display its capacities, it is essential that it should know that it is in Palestine aka The Land of Israel as of right and not on sufferance.

That is the reason why it is necessary that the existence of a Jewish National Home in Palestine aka The Land of Israel should be internationally guaranteed, and that it should be formally recognized to rest upon ancient historic connection and borders.

This, then, is the interpretation which His Majesty's Government place upon the Declaration of 1917, and, so understood, the Secretary

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of State is of opinion that it does not contain or imply anything which need cause either alarm to the Arab population of Palestine aka The Land of Israel or disappointment to the Jews.

For the fulfillment of this policy it is necessary that the Jewish community in Palestine aka The Land of Israel should be able to increase its numbers by immigration. This immigration cannot be ׳so great in volume as to exceed whatever may be the economic capacity of the country at the time to absorb new arrivals. It is essential to ensure that the immigrants, should not be a burden upon the people of Palestine aka The Land of Israel as a whole, and that they should not deprive any section of the present population of their employment. Hitherto the immigration has fulfilled these conditions. The number of Jewish immigrants since the British occupation has been about 25,000 and Arab immigrants over 100,000.

It is necessary also to ensure that persons who are politically undesirable are excluded from Palestine aka The Land of Israel, and every precaution has been and will be taken by the Administration to that end.

It is intended that a special committee should be established in Palestine aka The Land of Israel, consisting entirely of members of the new Legislative Council elected by the people, to confer with the Administration upon matters relating to the regulation of immigration. Should any difference of opinion arise between this committee and the Administration, the matter will be referred to His Majesty's Government, who will give it special consideration. In addition, under Article 81 of the draft Palestine Order in Council, any religious community or considerable section of the population of Palestine aka The Land of Israel will have a general right to appeal, through the High Commissioner and the Secretary of State, to the League of Nations on any matter on which they may consider that the terms of the Mandate are not being fulfilled by the Government of Palestine aka The Land of Israel.

With reference to the Constitution which it is now intended to establish in Palestine aka The Land of Israel, the draft of which has already been published, it is desirable to make certain points clear. In the first place, it is not the case, as has been represented by the Arab Delegation that during the war His Majesty's Government gave an undertaking that an independent national government should be at once established in Palestine aka The Land of Israel. This representation mainly rests upon a letter dated the 24th October, 1915, from Sir Henry McMahon, then His Majesty's High Commissioner in Egypt, to the Sherif of Mecca, now King Hussein of the Kingdom of the Hejaz. That letter is quoted as conveying the promise to the Sherif of Mecca to recognize and support the independence of the Arabs within the territories proposed by him that excluded Palestine aka The Land of Israel.

But this promise was given subject to a reservation made in the same letter, which excluded from its scope, among other territories, the portions of Syria lying to the west of the district of Damascus. This reservation has always been regarded by His Majesty's Government

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as covering the vilayet of Beirut and the independent Sanjak of Jerusalem.

The whole of Palestine west of the Jordan was thus excluded from Sir H. McMahon's pledge.

Nevertheless, it is the intention of His Majesty's Government to foster the establishment of a full measure of self-government in Palestine aka The Land of Israel.  But they are of opinion that, in the special circumstances of that country, this should be accomplished by gradual stages and not suddenly. The first step was taken when, on the institution of a civil Administration, the nominated Advisory Council, which now exists, was established. It was stated at the time by the High Commissioner that this was the first step in the development of self-governing institutions, and it is now proposed to take a second step by the establishment of a Legislative Council containing a large proportion of members elected on a wide franchise. It was proposed in the published draft that three of the members of this Council should be non-official persons nominated by the High Commissioner, but representations having been made in opposition to this provision, based on cogent considerations, the Secretary of State is prepared to omit it. The Legislative Council would then consist of the High Commissioner as President and twelve elected and ten official members. The Secretary of State is of opinion that before a further measure of self-government is extended to Palestine aka The Land of Israel and the Assembly placed in control over the Executive, it would be wise to allow some time to elapse. During this period the institutions of the country will have become well established; its financial credit will be based on firm foundations, and the Palestinian officials will have been enabled to gain experience of sound methods of government. After a few years the situation will be again reviewed, and if the experience of the working of the constitution now to be established so warranted, a larger share of authority would then be extended to the elected representatives of the people.

The Secretary of State would point out that already the present Administration! has transferred to a Supreme Muslim Council elected by the

Muslim community of Palestine aka The Land of Israel the entire control of Muslim religious endowments (Wakf’s), and of the Muslim religious Courts. To this Council the Administration has also voluntarily restored considerable revenues derived from ancient endowments which had been sequestrated by the Turkish Government. The Education Department is also advised by a committee representative of all sections of the population, and the Department of Commerce and Industry has the benefit of the co-operation of the Chambers of Commerce which have been established in the principal centers. It is the intention of the Administration to associate in an increased degree similar representative committees with the various Departments of the Government.

The Secretary of State believes that a policy upon these lines, coupled with the maintenance of the fullest religious liberty in Palestine aka The Land of Israel

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and with scrupulous regard for the rights of each community with reference to its Holy Places cannot but commend itself to the various sections of the population, and that upon this basis may be built up that spirit of co-operation upon which the future progress and prosperity of the Holy Land must largely depend.

No. 7.

THE ZIONIST ORGANISATION TO THE COLONIAL OFFICE

77, Great Russell Street.

18th June, 1922.

SIR,

With reference to your letter of June 3rd, receipt of which has already been acknowledged, I have the honor to inform you that the Executive of the Zionist Organization have considered the statement relative to the policy of His Majesty's Government in Palestine aka The Land of Israel, of which you have been good enough to furnish them with a copy, and have passed the following resolution: •—•

"The Executive of the Zionist Organization, having taken note of the statement relative to British policy in Palestine, transmitted to them by the Colonial Office under date June 3rd, 1922, assure His Majesty's Government that the activities of the Zionist Organization will be conducted in conformity with the policy therein set forth."

The Executive observe with satisfaction that His Majesty's Government, in defining their policy in Palestine aka The Land of Israel, take occasion once more to reaffirm the Declaration of November 2nd, 1917, and lay it down as a matter of international concern and law that the Jewish people should know that it is in Palestine as of right.

The Executive further observe that His Majesty's Government also acknowledge, as a corollary of this right, that it is necessary that the Jews shall be able to increase their numbers in Palestine by immigration, and understand from the statement of policy that the volume of such immigration is to be determined by the economic capacity of the country from time to time to absorb new arrivals. Whatever arrangements may be made in regard to the regulation of such immigration, the Executive confidently trust that both His Majesty's Government and the Administration of Palestine aka The Land of Israel will be guided in this matter by the aforesaid principle.

The Zionist Organization has at all times been sincerely desirous of proceeding in harmonious co-operation with all sections of the people of Palestine. It has repeatedly made it clear both in word

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and deed that nothing is further from its purpose than to prejudice in the smallest degree the civil or religious rights or the material interests of the non-Jewish population. The Zionist Organization will continue on its side to spare no efforts to foster the spirit of goodwill to which His Majesty's Government have pointed as the only sure foundation for the future prosperity of Palestine aka The Land of Israel. The Executive earnestly hope that the statement of policy which His Majesty's Government propose to issue will once and for all dispel such misapprehensions as may still exist, and that, loyally accepted by all

I have, etc.,

(Signed) CH. WEIZMANN.

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Extracts from the

SECOND "WHITE PAPER"

of the British Government in Palestine aka The Land of Israel.

Issued November, 1923

The Secretary of State for the Colonies to the High Commissioner for Palestine

Downing Street, 4th October, 1923.

SIR,

As you are aware, His Majesty's ׳Government have recently had under their consideration the question of the general principles of policy which! should guide them, and yourself as their representative, in discharging the obligations which they have accepted with regard to Palestine aka The Land of Israel. The whole matter was most carefully examined by the Committee of the Cabinet before which you appeared in July last.

The recommendations of the Committee have since been submitted to and considered by the Cabinet as a whole, and I am now in a position to communicate to you for your information and guidance the conclusions at which His Majesty's Government have arrived.

1.     The key-note of British policy in Palestine aka The Land of Israel, as conducted since the establishment of a civil administration at Jerusalem, is to be found in the Balfour Declaration of November, 1917, the terms of which were :as follows:

"His Majesty's Government views with favor the establishment in Palestine of ׳a National Home for the Jewish people, and will use their best endeavors to facilitate the achievement of this object, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine aka The Land of Israel or the rights and political status enjoyed by Jews in any other country."

The policy of the declaration was accepted by the principal Supreme Allied

Powers at the San Remo Conference in April, 1920 as having the force of international law guaranteed by the world nations; its text was embodied verbatim in the treaty signed at Sevres in August, 1920, and again in the mandate implementation approved by the Council of the League of Nations

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EXTRACTS FROM THE SECOND "WHITE PAPER"

in July, 1922. It formed an essential part of the conditions on which

Great Britain requested and accepted the mandate for Palestine as trustee for the Jewish people in re-establishing the National Home for The Jewish People, and thus constitutes an international obligation from which there can be no question of receding.

2. It would serve no purpose to review at length the controversy that has raged round the declaration and the policy based upon it.

The policy, has been attacked on the ground not only that it is unfair to the great majority of the people of Palestine aka The Land of Israel, but also that it may conflicts with the specific unsubstantiated promises made to the Sherif of Mecca during the War. These points were fully dealt with in the statement published by the late Government in the White Paper (iCmd. 1700) of June, 1922. The general conclusions embodied in that statement are accepted only after review by His Majesty's present government.

3. The declaration, as has been frequently pointed out, involved a two-fold obligation—to the Jewish people, on the one hand, which has been incorporated into an international agreement having the force of international law and to the Arab population of Palestine on the other to protect its civil rights. It has been the constant endeavor of His Majesty's Government, and of yourself as High Commissioner, so to conduct the administration of Palestine aka The Land of Israel as to do equal justice to the interests of both the parties concerned while implementing the terms of the Mandate for Palestine. The task has been one of great and extreme difficulty, but it has been carried out steadily and with no small measure of success. Nevertheless, the present situation cannot be regarded as satisfactory. The Arabs, or at least the most vocal section of them, maintain an attitude of opposition causing violence and disturbance among the population. The failure of the elections for the Legislative Council, the difficulties encountered in forming an Advisory Council under the Order in Council of 1923, mark the lengths to which opposition has been carried.

The underlying causes of Arab discontent are not so easily stated. It appears to be inspired by Arab radicals and less by dissatisfaction with the present than by fears of the future. Hostility is aroused by the Muslim radicals and not so much by the policy as actually enunciated and carried out by the British Government as by the apprehension that, whatever may be the objects of this policy, its ultimate result will be the legally mandated establishment of Jewish political ascendancy to its historical land.

This apprehension may be ill-founded, but it is none the less widely promoted and entertained. The late Government, in the statement already quoted, endeavored to place matters in a truer perspective. But Arab radical opposition was not disarmed. It was hoped that the proposed Arab Legislative Council, on which the Arab community would have been represented by members of its own choice, would go far to satisfy the demand for a greater share in the Government of the country and to remove feelings of inequality or of unfair treatment. Unfortunately, owing to the failure of the majority of the Arabs to participate in the elections instigated by the radical Muslims, the Arab Legislative Council has never been brought into being. It remains to consider whether some alternative means cannot be found of meeting what is reasonable in the Arab demands and of removing anything that may be regarded as legitimate in their grievances.

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OFFICIAL DOCUMENTS ON PALESTINE

4. A perusal of the numerous representations made by or on behalf of the Arab community shows that the special position accorded to a Jewish Agency under Article 4׳ of the Palestine Mandate is a general object of complaint. The Agency is vested for the present in the Zionist Organization. It was made clear in the White Paper of last year that the privileges enjoyed by the Agency do not entitle it to share in any degree in the government of the country; and this position was officially accepted by the Zionist Organization at the time. I have no reason to doubt that their acceptance was sincere and ungrudging; nor, so far as I am aware, has the Organization made any attempt during the past year to exceed the functions prescribed for it by His Majesty's Government. It may be contended, on the other hand, that, even though formally excluded from all share in the administration, the Jewish Agency does, in fact, by reason of its official recognition and right of access to the High Commissioner, enjoy, and thereby confer upon the Palestine Jews as a whole, a preferential position as compared with the other inhabitants of the country. To that extent it is possible to argue that existing arrangements fall short of securing complete equality between the different communities. His Majesty's Government can find no evidence that any tangible hardship has in practice arisen; but it seems clear that the supposed preferential treatment has engendered a feeling of resentment as promoted by the Arab radicals. It is to the problem of removing this feeling, so far as it may be possible to do so, that His Majesty's Government have thought it their duty to address themselves.

5. The withdrawal at this stage of privileges formally accorded by the Mandate to the Jewish Agency, and actually enjoyed for some years past, would be impracticable, even if it were desirable in itself.

The alternative is to ׳accord similar privileges to an Arab Agency.

It is the latter course that has commended itself to His Majesty's Government. They believe that by this means they will place beyond all possibility of question their desire and intention to deal with absolute impartiality between the different communities of Palestine aka The Land of Israel, and to' fulfill to the letter the obligations—both to Arabs and Jews—to which their predecessors publicly committed themselves.

6. His Majesty's Government is accordingly prepared to favor the establishment of an Arab Agency in Palestine aka The Land of Israel, which will occupy a position exactly analogous to that accorded to the Jewish Agency under Article 4 of the Mandate, i. e., it will be recognized as a public body for the purpose of advising and cooperating with the administration in such economic, social and other matters as may affect the interests of the non-Jewish Arab population, and, subject to the control of the administration, of assisting •and taking part in the development of the country. As regards immigration (Article 6 of the Mandate) the Arab Agency will have the right to be consulted as to the means of

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EXTRACTS FROM THE SECOND "WHITE TAPER"

“ensuring that the rights and position of other (i. e ״ non-Jewish, Arab) sections of the population are not prejudiced." With regard to public works, it will be entitled to be consulted by the Administration in the same way as the Jewish Agency is to be consulted under the terms of Article 11 of the Mandate.

7. The question of immigration is of primary importance. On the one; hand, if a National Home for the Jewish people is to be established in Palestine aka The Land of Israel, there must be reasonable facilities for the admission of Jewish settlers; on the other, the proper regulation of immigration, and its strict correlation to the economic capacity of the country to absorb new inhabitants, are matters of vital concern to the people of Palestine aka The Land of Israel as a whole. The late Government recognized that the matter was one on which the views of the Arab community were somewhat entitled to special consideration. They accordingly proposed that the High Commissioner should be required to confer on all matters relating to immigration with a standing committee of elected members of the Arab Legislative Council (the majority of whom would be Arabs); that maybe counter to the terms of the Mandate, and that in the event of any difference of opinion the question at issue should be referred for decision to the Secretary of State. A provision to this effect was formally embodied in Article 84! of the Palestine Order in Council of 1922. No Legislative Council having been elected, the proposed committee has never come into existence. It is proposed that the Arab Agency now in contemplation should, in conjunction with the Jewish Agency, take its place for the purposes of the functions indicated in Article 84 of the Order.

8. With regard to the composition of the Arab Agency, it will be left to the discretion of the High Commissioner to nominate suitable persons in consultation with the local leaders. Representatives of all sections of the Arab community, Christian as well ׳as Muslim, should be included.

9. There is one point, however, which His Majesty's Government desire to make quite clear. They regard it as an essential condition that the above arrangements should be introduced only as an agreed settlement to which both parties are prepared to adhere. It is imperative that an end should be placed to the Arab incitement and agitation, whether in Palestine aka The Land of Israel or outside, which has been the fruitful source of so much trouble, expense and even bloodshed in the past. The proposals of His Majesty's Government entail a great if illegal concession to Arab sentiment.

It is a concession which they would not be prepared to make, and which would be made to no purpose, if the new arrangements are not to be loyally implemented by the Arabs themselves.

10. You are authorized to take such steps as seem to you desirable to approach the representatives of the Arabs in Palestine aka The Land of Israel and to invite their acceptance of the policy outlined above. With regard to the

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OFFICIAL DOCUMENTS ON PALESTINE

Zionists, whose concurrence will also have to be sought, the most convenient course seems to be that I should place myself in communication with the headquarters of the Zionist Organization in London. I propose to proceed accordingly. The new arrangements, which will be brought into immediate operation, if and when the assent of the two parties has been obtained, will be in the nature of a provisional settlement only, and will be subject to review at such time as a fully rep representative Legislative Council shall have come into existence in Palestine aka The Land of Israel.

11. In the foregoing paragraphs I have dealt with the question as affecting the political situation in Palestine aka The Land of Israel itself. It must not be inferred that His Majesty's Government are indifferent to the other aspect of the question, viz., the ׳military and financial commitments which Great Britain has incurred by its acceptance of the Mandate for Palestine as trustee to help reestablish the National Home for The Jewish People in their historical territory.  On the contrary, they attach the utmost importance to this branch of the subject. The actual cost of Palestine to the British Exchequer in 1922-23 was £2,024,000. The estimate for 1923-24 is £1,500,000; for the following year (1924-25) His Majesty's Government is pledged to reduce the figure to £1,000,000. The charge is a decreasing one, but it remains sufficiently heavy to be viewed with serious concern. It is, above all things, essential that its progressive reduction should be steadily maintained. The best hope of securing this result, and thus affording relief to the British taxpayer, lies in the improvement of the economic conditions of Palestine aka The Land of Israel itself. But economic conditions will not improve unless political stability is first secured and general confidence established. For this reason His Majesty's Government have made it their primary concern to devise measures which will put an end to the present Arab incitement and agitation and inaugurate a regime in which all sections of the community will co-operate with the British administration.

I have, etc.,

DEVONSHIRE.

(Telegraphic) Dated 9th November, 1923.

Your dispatch of 12th October,* Arab Agency.

His Majesty's Government has learned of decision of Arab representatives with great regret. They have now made three successive proposals with a view to closer association of Arab community with the administration of Palestine, viz.:—

(1) Establishment of Legislative Council on which Arabs would have been represented by ten elected Members;

(2) Reconstruction of Advisory Council so as to secure effective Arab representation; and

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EXTRACTS FROM THE SECOND "WHITE PAPER"

(3) Recognition of Arab Agency with functions similar to those assigned to Jewish Agency under terms of Mandate.

Towards all these proposals Arabs have adopted same attitude,

viz., Arab refusal to co-operate.

His Majesty's Government has been reluctantly driven to conclusion that further efforts on similar lines would be useless and they have accordingly decided not to repeat the attempt. Meanwhile Mandate for Palestine has been brought into definite operation, under authority of Council of League of Nations, as from 29th September last, and His Majesty's Government is bound to proceed with discharge of their mandatory obligations. In these circumstances, as all their proposals for closer association of Arabs with administration have been rejected, His Majesty's Government have no alternative but to continue to administer the country in conformity with their undertakings, even though they have to forego the assistance that they had hoped to obtain from Arab community. You are accordingly authorized to carry on administration of Palestine aka The Land of Israel with the aid of an Advisory Council. Article 3 of Palestine Amendment Order in Council, 1923, gives you full discretion in this regard subject to approval of Secretary of State. You should proceed accordingly.

DEVONSHIRE.

* No. 3.

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Resolution Adopted by the Sixty-Seventh

Congress of the United States

Sixty-seventh Congress of the United States of America; at the

Second Session, begun and held at the City of Washington on Monday, the fifth of December, one thousand nine hundred and twenty-one.

JOINT RESOLUTION favoring the establishment of a national home for the Jewish people.

RESOLVED by the Senate and House of Representatives of the United States of America in Congress assembled; That the United States of America favors the establishment in Palestine of a national home for the Jewish people, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of Christian and all other non-Jewish communities in Palestine, and that the holy places and religious buildings and sites in Palestine shall be adequately protected.

(Signed) T. H. GILLETTE,

Speaker of the Home of Representatives.

ALBERT B. CUMMINS,

President of the Senate Pro Tempore.

Approved:

September 21, 1922,

(Signed President) WARREN G. HARDING.

Resolution Adopted by the Twelfth Zionist Congress

on Relations with the Arabs

Carlsbad, September, 1921

With sorrow and indignation the Jewish people have lived through the recent events in Palestine aka The Land of Israel. The hostile attitude of the Arab population in Palestine aka The Land of Israel incited by unscrupulous radical elements to commit deeds of murder and violence, can neither weaken our resolve for the establishment of the Jewish National Home in Palestine aka The Land of Israel, nor our determination to live with the Arab

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RESOLUTIONS

people on terms of concord and mutual respect, and together with them to make the common home into a flourishing Commonwealth, the up-building of which may assure to each of its peoples an undisturbed national development. The two great Semitic peoples united of yore by the bonds of common creative civilization will not fail in the hour of their national regeneration to comprehend the need of combining their vital interests in a common Endeavour.

The Congress calls upon the Executive to redouble its efforts to secure an honorable entente with the Arab people on the basis of this Declaration and in strict accordance with the Balfour Declaration.

The Congress emphatically declares that the progress of Jewish re-habitation of The Land of Israel will not affect the rights and needs of the working Arab nation.

Resolution Adopted by the Thirteenth Zionist

Congress on Relations with the Arabs

Carlsbad, August, 1923

The Congress hails with joyful satisfaction the fact that the peoples associated in the League of Nations, by confirming the Palestine Mandate, have recognized the indestructible and uncontestable historical bond of the

Jewish people with Palestine aka The Land of Israel and the claim of the Jewish people to its national home and to a free national life in this land of its past and of its great spiritual achievements.

In the great crisis of the present-day world, which has severely affected the Jewish people and undermined the very foundations of its existence in the countries of the Diaspora, the solution of the Jewish question is a categorical demand of justice and an essential condition for the consolidation of the world on the basis of the peaceful cooperation of the nations.

The Congress sees in the awakening of the Orient one of the most important factors in the reconstruction of the world. The Jewish people, which is beginning to rebuild its national home, is resolved, with all its spiritual, moral, and material powers, to associate itself with this world now only coming into being, but so rich in energies and possibilities, and to collaborate on a footing of equality with the peoples whose destinies it shares, in close communion and fruitful harmony of interests.

The Congress places on record that Palestine aka The Land of Israel occupies a unique position as the land of the National Home of the Jewish people, by virtue of historical association and habitation, of the will of the Jewish people to return to it, and of its work in the country, and now also by virtue of

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OFFICIAL DOCUMENTS ON PALESTINE

international recognition. The Congress repeats its declaration that the rights of all Communities in Palestine aka The Land of Israel will in all circumstances be regarded as equally sacred. The Jewish people, which is now awakening amidst the most difficult external and internal conditions to a new productive life, will, through its National Home in Palestine aka The Land of Israel, achieve the fullest development of its powers in the service of the cultural progress of humanity and will render active assistance to the kindred nations in their new development.

The Congress expects that the Arab people, too, which has at its disposal extensive territories over 12 million square kilometers, outside of Palestine aka The Land of Israel, on which a national regeneration is taking place, will regard with ever-growing understanding the national revival of the Jewish people, which desires to live in complete harmony and concord with the Arabs in Palestine aka The Land of Israel, as a positive and valuable factor in the Near East.

The Jewish people has proved by the self-sacrificing work of its pioneers in the country, turning the desolate land into green pastures and by the raising of large resources that it is resolved to carry out its historical task of self-emancipation with all its strength, and that it is prepared to make great sacrifices also in the future. The Jewish people look with confidence to the entire civilized world for appreciation of the ׳human greatness and political necessity of Zionism and for effective support in the hard struggle to overcome the gigantic difficulties which beset the carrying out of this great work.

The Congress requests the Executive to work systematically and energetically for the enlightenment of public opinion in all countries in regard to the political and humanitarian aims of our movement, and in particular to continue systematically and with perseverance the work of enlightenment in the Near East and among the Arab people.

Resolutions Adopted by the Thirteenth Zionist

Congress on the Jewish Agency

Carlsbad, August, 1923

1—The Congress confirms the resolution passed by former Zionist

Conferences concerning the conveying of a Jewish World Congress for the up-building of Palestine aka The Land of Israel as the Jewish National Home, and declares that the rights of the Zionist Organization, as set forth in Art. 4 of the Palestine Mandate, shall be transferred to the Jewish Agency to be elected by this World Congress, which is to be held if possible within

the next three years.

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RESOLUTIONS

2—In order, however, that between now and the convening of the World Congress, large sections of the Jewish people may be afforded an opportunity of co-operating in the reconstruction of Eretz Israel, the Jewish Agency shall, at the earliest possible moment, be enlarged by the inclusion of representatives of those Jewish organizations and associations that are in agreement with the terms of the Palestine Mandate.

3—To that end the Executive shall be empowered to form, in conjunction with the Actions Committee, a Council, to consist of representatives of Jewish organizations and representative bodies of the Jewish Communities of various countries that are in sympathy with the Balfour Declaration and the Palestine Mandate, such Council to collaborate with the Zionist Executive, as the controlling authority of the Jewish Agency, the Council is to appoint, from among its members, a Committee, whose competence shall be fixed in agreement with the Actions Committee.

4—The Zionist Executive, in conjunction with the Council referred to, will call a Conference of the representatives of the Jewish organizations and representative bodies of the Jewish Communities of the various countries, to decide upon the forms of their participation in the Jewish Agency functioning between now and the convening of the World Congress. It is understood, however, that the non-Zionist members of the Jewish Agency thus created shall not be more than half its total membership. The agreements arrived at will be subject to the approval of the Annual Conference.

5—The Executive and the Actions Committee are instructed to take all steps for the convening of the Jewish World Congress within the specified time.

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