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YVhothor \vo o\mht. or n�Mnl. or to I'lalm from Kn^liind tho . fulfilment' of what Mho tiromiHtxt us In 1917 and ronflrmOil hy nccoi'ting tiu�'.'Mandate in 1J�L"J. Is a quostton 1 �fhou.Ul like to .discuss some other time1.: -but flrnt.let us reeapltulate what exactly it \vas that KiiKland urojuised. The difficulty lira in the term "National Home" a "term \vhleh has no ronveivtional nveanlim ostaMlshed t�y any tradition, and can. therefore. l�e Interpreted at . will .so as to emhraee aM'or very little. In eases of this kind, when a document intended to have legal ami binding value contains a section ambiguously worded, there are I wo accepted 'methods of elucidating the real meaning of the act: first by context, i.e.. by comparing tho vaguely worded portion with other parts of the same document more lucidly expressed; secondly, by establishing, from other "sources available, the exact Intention of the !e>:islator at or :nhout the lime when the docmnont in question ��was j�rod\iced.
One.of the most striking comments on the meaning of the term "National Home" to be drawn from the context of the Mandate is well known, and was emphasised in the excellent article by Mr. Herbert SidoVotham. "�published in The Jewish Chronicle of December rtth. IHL'9. That Is. the word "reeonstitutin^"' _ ..used in the preamble: " . . . recognition niveivl�y the promise 'to the historical A �..>.. -lioiv of the .Jewish � people with Palestine and to the grounds for recoil- . stMuting their National Home in that country.' v It-is obvious that one can only "reconstitute" what; has already been in existence; and the kind of. "National Home" the Jews have once had in Palestine is a matter of common knowledge. U would be a piece of gratuitous unfairness to all the numerous Statesmen and officials who had been at, pa-ins to sift the wording- of. the Mandate, should we suspoet that they just let that word "reconstituting" slip in out of care-lossness. On tho contrary, one may i�e Perfectly-oerXatn that the legislator fully realised the obvious implications- of that expression -\ioubly obvious localise, this p':ij%sa�o. is coupled in 'tb.e . sa-nie � paragraph with a reference to "the historic^l connection of the Jewish people with Pal-*stine." Any ]KTson accustomed to weigh the words he signs will doubt-It ss adnut that, were he to franre a �1tx-unv��nt, implying such responsibili-ties AS the Palestine Mandate doe?, he wo'Jiii TU">* ust- th? aV�ove-Quoter1 terms ur.:e>? ho n;t-ant to imply what they so int-vit^My suggest: a "National Home.' such .i# it was in the days of D.�\id and Solomon, a Jewish State wi:h a Jewish Government. It would :�e ui=rle*5 to pretend that the statesmen who drafted this paragraph of the preamble, who submitted it for approval _ to ;he League's Council, who voted and made others vote for ::. couid have meant anything else.
But there is another piece of ilium-ir.atJTij: ."context", which. �K� far as I kn-:.w. has somehow slipped puf-lic attention. It is contained in what f<T* might term the "preimt.Je" of ;he Balfour Declaration. The E>ec-iaratic-n is usually Quoted without its
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introductory sentence, yet that �en-tence is also part and parcel oC the
..sjiniO' famous letter from Mr. Halfour to Lord Hothseliild. and as explicitly engaxes the respons*ibiltty of the'then
'War Cabinet as ti whole. 1-mean, the following wordN .-with wiilolv the letter begins: "1 have much pleusiire in conveying to you <�n J>ehi�lf of His Majesty's (lovernment the following declaration of sympathy with .lewlNh Zionist aspirations, which has been submitted to and approved by the Cabinet." The well-known text then follows; but whatever Its diplomatic vagueness, the "preamble" Just quoted firmly establishes the fact that It was meant by the Cabinet to signify "sympathy with Jewish 7;ionlst aspirations." Now what were thos� "Xlonfst aspirations" as known to His Majesty's (lovernment at the
"time?
This can be traced officially. In ISUO a handbook, on "Xl�>nlsm" was published by H.M. Stationery Office. Its preface states-that it belongs to a series of similar handbooks for the information of British delegates at the eventual Peace Conference,.'prepared under'the responsibility of the Historical Section of the Foreign Office as early as the spring of 1SH7. This latter date should be kept , in mind. Though Unly printed in 19LH>. the hooklet in iiuestion was already., in existence early In \'9\7 and represents, on the highest possible authority, what the (Jovernment knew of "Xionist aspirations" during the months preceding the issue of the Halfour IVclaration. This official description \�f such aspirations can IH* found on page 47. It siiys:
"Jewish opinion would prefer Palestine to be controlled for the present-as, a part, or at any rate a dependency, of the Hritish Kmpire; but its administration should be largely entrusted to Jews of the colonist type ... Xionists of this way of thinking -'lu^li.eve that, under such conditions, the Jewish, population .would rapidly incjvnseuntil the Jew became the predominant partner of the combination."
So these were tlw "Zionist aspirations" known to the liovernment at the time when the Balfour Heclara-tion; was issued: not only a Jewish majority in PuJostine as ultimate aim. but even what looks very much like Jewish predominance in the administration from the. very start. 1 might add that even I. a so-called "extremist." should not insist on the second of these two aspirations though I fully support the first: but the main point is that Mr. Balfour. "on behalf of H.M. Government." stated that the Declaration was intended as an expression of "sympathy" with these aspirations.
This^brlngs: us to the second of the two accepted methods of interpreting vasruely worded portions in legal documents: to the examination of other sources capable of throwing light upon the intentions which animated the legislator at the time when the document in question was issued. Even more important are his intentions daring the period immediately preceding the actual issue of the document, the period during which the intention wa� shaping and maturing. A most instructive piece of evidence as to what the British Government thought of Palestine's future during their negotiations with Zionist leaders before the issue of the Balfour Declaration, is a letter of Sir George Buchanan, written to Mr. Sazonoff in ItlC. It was published (fn Russian, presumably translated from the French) by tb* Soviet* after they
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had ransacked the archives of the -Tlwrigt Government, in a Ijook entitled. "The Partition of Asiatic Turkey, according to the secret documents of the former Ministry for Foreign Affairs" (1924). The British Government have never denied tin-authenticity tit that letter, allege*! tt� have been addressed by the British Ambassador in l�etrograd to the Kns-sian Minister of Foreign Affairs. >�> we may assume that it is genuiiu-. I quoted it in my paper, the Rassviet^ of JParls, earlv in 1925, and I ui^'.-'i'-" stand it has since been quoted in a French periodical of pro-Zionist tendencies, though I do not know i: it has ever heen referred to in Enu;:s!i. E^-en if it has. repetition cannot s;i�il' it. The letter is headed: "Aide-Mt'-moire by the British Embass;- in Petrograd. to the Russian Mini?<t- of Foreign Affairs. Sr D. Sazonoff. ; �-"' 13th March, 1916." I translate it as literally as possible, the italics > ;n^ naturally, mine.
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