Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-01-04
BY FELIX FRANKFURTER,
Professor at Harvard Law School.


JEWISH longing for a renaissance
of Jewish life in Palestine Is
| age-old. 1t has always been a
~ dream in action. Realization of
the dream looked to termination
| OF Turkish misrule. The creation of
q legally recognized Jewish homeland
in Palestine entered the realm Of inter-
national politics as result of the first
Zionist Congress in Basic, August, 1897.
And long tradition of tolerance and
goodwill toward the Jew made Great
Britain the special hope of Jews in
realizing the Zionist program.
The World War converged these
dreams and hopes, and from the OUT
set Jews looked to the international
| fulf1llment of their national long
ing as one Of the consequences of the
war. Barring the return of Belgian
territory, no arrangement that came
out of the war was more openly arrived
! at than the provisions for assuring the
establishment of a Jewish national
home in Palestine.
Publicly, not secretly with the con-
sent of the allied powers and the APP
proval Of the President Of the United
States subsequently approved by a
unanimous Congress, and not by under
hand private bargaining, Great Britain
signed the following bond and called
the whole world to witness:
Agreement by Britain.
''His Majesty's government view with
favor the establishment In Palestine of
national home for the Jewish people,
and will use their best endeavors to
facilitate the achievement of that OBJ
| ject, it being understood that nothing
! shall be done which may prejudice the
I I'd ~ @A1s -
| non-JeWtSh communities in Palestine
or the rights and political status en-
1oyed by Jews in any other country"
This is the famous Balfour declara-
ton of November 2, 1917. The Zionist
! organization formally submitted its
| program for establishing a Jewish ma
tional home to the peace conference.
in 1919. in terms which Emir Feisal
head of the Arab delegation, approved
as moderate" The Balfour declaration
! and the program which it implied were
intrusted for execution to Great
Britain, as mandatory, by the allied
conference at San Reno on April rs,
| 1920.
The mandate did not recognize Great
Britain as conqueror but as trustee for
the world, and therefore the mandate
was to be approved by the Council of
the League of Nations The council of
the league did so approve the Pales-
tine mandate on June "a, 1922, and ii
was oficially recognized by the United
States by convention with Great Brit
ain, signed December 8, 1924.
Respect Arab Rights.
The mandate explicitly recited the
Balfour declaration and charged the
mandatory, Great Britain, with put
ting 1t into effect. Thus was the Bal
four declaration made part of the pub
lie law of nations, and thereby the
establishment of the Jewish national
home became an international obliga.
ton. Since Jews dwelr also in Other
lands and non-Jews also dwelt in Pal.
estine, out of an abundance of caution
the Balfour declaration and the Pal
estine mandate put into words what ii
any event would have been clearly i'm.
piled. The duty to facilitate the estab-
lishment of a Jewish national home
was not to affect the status of Jews in
other lands, nor was it to prejudice
the civil and religious rights of exist
ing non-Jewish communities in Pal
estine."
No one denies that the presence of
an existing Arab population made the
establishment of a Jewish national
home more difficult than If Palestine
had been wholly empty. But whatever
the difficulty of the undertaking, it was
assumed with open eyes and full knowI-
edge Of its complications. The pro-
lection Of the existing non-JeWish
population was not intended to cancel
the positive. creative obligation of the
Balfour declaration as now written into
| international law.
The obligation is clearly defined in
| the mandate.
"The mandatory shall be responsible
for placing the country under such po-
| llt1cal. administrative and economic
conditions as will secure the establish
| ment of the Jewish national home, as
laid down in the preamble, and the de-
velopment of Self-governing institu-
tons, and also for safeguarding the
civil and religious rights of all the in
habitants OF Palestine, irrespective Of
race and religion" (Article g.
View Of immigration.
can 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 mat
ters as may affect the establishment of
| the Jewish national home and the in
terests of the Jewish population in
Palestine, and, subject always to the
COI1IEOl VI Tile aOI1lIllSGTdClOLl 10 dSSlSC
and take part in the development Of
the country" (Article A.
1.-THE administration of Palestine,
while ensuring that the rights and po-
sition of other sections of the popula-
ton are not prejudiced, shall facilitate
Jewish immigration under suitable con-
| ditionS and shall encourage, in CO.
operation with the Jewish agency re-
ferTed to in article 4, close settlement
| by Jews on the land, including state
lands and waste lands not required for
| public purposes" (Article 81
THE administration of Palestine shall
| take all necessary measures to safe
guard the interests of the community
in connection with the development of
the country and, subject to any inter-
national obligations accepted by the
mandatory, shall have full power to
provide for public ownership and con-
troll of any of the natural resources of
the country or of the public works,
services and utilities established or to
be established therein. 1t shall intro