Papers Relating to the Foreign Relations of the United States, 1921, Volume II

711.673/114: Telegram

The Secretary of State to the Ambassador in Great Britain ( Davis )

Washington , February 1, 1921—6 p.m.

73. Your 72nd, January 24, 6 P.M.

In connection with circumstances indicated in Foreign Office note of 19th instant [January 19],⁷⁹ Department has carefully considered Earl Curzon’s note of 29th ultimo [December 29, 1920].⁷⁸ Reserving for later consideration Earl Curzon’s observation concerning status of capitulations after coming into force of Treaty of Peace with Turkey, Department is constrained to adhere to position stated in its 1214, 6 P.M., December 8 [9], last.⁸¹ Right to maintain consular courts in Palestine, as part of American judicial system, is secured to this Government by treaties and usages and is sanctioned by Acts of Congress. While expressing no doubt of ability and fairness of tribunals established by British authorities in Palestine, Department would not feel justified in waiving right of American citizens to be tried by duly established American courts.

In communicating substance of foregoing to British Government express Department’s regret at inability to accede to that Government’s wishes.

Colby

79. See telegram no. 72, Jan. 24, from the Ambassador in Great Britain, supra.
78. Ibid., p. 677.
81. Foreign Relations, 1920, vol. ii, p. 676.