711.673/111
The Ambassador in Great Britain (Davis) to the Acting Secretary of
State
London, December 30,
1920.
[Received January 13, 1921.]
No. 3985
Sir: With reference to the Department’s
telegraphic instruction No. 1214 of December 9th, 6 p.m., relative to
the arrest and detention of an American citizen named Dana at Jerusalem
on the ground of running over and killing a Jewish woman, I have the
honor to transmit herewith, for the information of the Department, copy
of a Note No. E.15683/11813/44 which I have received from the Foreign
Office in this connection.
In view of the circumstances set forth in the above-mentioned Note
relative to the present administration in Palestine pending the coming
into effect of the Turkish Treaty and the British mandate, Lord Curzon
enquires whether the United States Government have any objection to Mr.
Dana being tried by the ordinary courts and process of law provided
under the existing regime, which, Lord Curzon adds, would appear to
offer adequate safeguards that justice will be done in the case.
I have [etc.]
[Enclosure]
The British Secretary of State for Foreign
Affairs (Curzon) to the American
Ambassador (Davis)
No. E15683/11813/44
The Secretary of State for Foreign Affairs presents his compliments
to the United States Ambassador and has the honour to refer
[Page 678]
to his memorandum No. 687
of the 10th, instant, relative to the detention of an American
citizen, Mr. Dana, at Jerusalem on the ground of running over and
killing a Jewish woman.
In reply Lord Curzon would observe that with the coming into force of
the Turkish Treaty and the severance thereby of Palestine from
Turkey the capitulations in Palestine will be definitely at an
end.
In the meanwhile the provisional civil administration of Palestine
which has been established, pending the coming into force of the
Turkish Treaty, and the provisions of the Mandate for Palestine,
has, for practical convenience and owing to the political and
military exigencies of the situation, maintained, with certain
necessary modifications, the judicial system in existence in the
country at the moment of its occupation by British troops. This
system, as the United States Government are aware, did not include
consular courts, the capitulations having been abolished (however
illegally) by the Turkish Government in 1914.
The modifications introduced by the present administration provide,
inter alia, for the trial either by a
single British magistrate or by a Court containing a majority of
British judges of foreign subjects charged with any criminal offence
more serious than a contravention within the jurisdiction of the
Magistrates Court. The above procedure appears to Lord Curzon to
offer adequate safeguards that justice will be done in the present
case and he has therefore the honour to enquire whether, in the
circumstances, the United States Government desire to raise
objections to Mr. Dana being tried by the ordinary courts and
process of law provided by the administration.
[London,] December 29,
1920.
