Letter from Sir Frederic Aarthur Hirtzel, India Office, to the Under Secretary of State, Foreign Office, dated 13 Sep 1922 [‎1r] (1/10)

SECRET.
1; 372
INDIA OFFICE The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. ,
I>. 3486. WHITEHALL, S.VV. 1,
13th September 1922,
Sir,
With reference to the last paragraph of this Ofiice letter No. P. 1279 of
13th April last, I am directed by the
Secretary of State for India to forward,
for the consideration of the Secretary
of State for Foreign Affairs, a copy
of the correspondeuce 1 noted in the
margin regarding the proposed amend
ment of those articles of the Treaty of
Sevres which have been represented
as interfering with the " spiritual
The points in dispute are clearly set out in the correspondence, and
Viscount Peel does not think it necessary to recapitulate them. He will
content himself with stating again the principles which in his opinion must
be observed in drafting a formula to implement the pledge given by the
Prime Minister to the Indian Moslems in March 1921, viz., that (1) while no
obligation can be imposed upon the rulers of the separated territories which
is inconsistent with the degree of independence attributed to them by the
Covenant of the League of Nations, or which the Mandatory Powers cannot in
practice enforce, nothing must be inserted in the treaty which would prevent
the Turks from concluding with these rulers any arrangements that may be
reciprocally agreed upon with regard to the recognition of the Sultan as
Caliph in their territories and any consequences that may legitimately flow
therefrom. These are matters for Moslems, with which the non-Moslem
Powers have nothing to do ; (2) no language should be used in the treaty
which, owing to its ambiguity or to other reasons, can on the one hand
be made the basis for further political claims in behalf of Turkey, or
on the other hand lay His Majesty's Government open to the charge of
breach of faith.
The Secretary of State for India is advised that the term " spiritual
rights " is inconsistent with both these principles, and that though the term
" spiritual privileges " is not altogether free from ambiguity—since the word
" spiritual," as opposed to " temporal," has no precise equivalent in Arabic
it can be used without danger provided that it is clearly understood that
it will be interpreted strictly in the western sense with which we are
familiar in the history of the Papacy.
The final proposals, therefore, which Viscount Peel makes for the
consideration of the Marquess Curzon of Kedleston are (a) that Article 139
of the Treaty of Sevres should be amended to run as follows
" The Turkish Government renounces formally all political rights or
jurisdiction of any kind over Moslems who are subject to the sovereignty or
protectorate of any other State.
"No power shall be exercised directly or indirectly by any Turkish
political authority whatever in any territory detached from Turkey or of
which the existing status under the present Treaty is recognised by the
Turkish Government."
5708 30 9.22
Telegrams to Government of India,
1226, 21st March; from ditto, 381 S.,
27th March ; to ditto, 1542, 13th April;
from ditto. 498 S., 22nd April; to ditto,
17-47, 4th May ; from ditto, 571 S., 9th May.
Letter from Mr. Howell, 1341, 18th May.
Telegrams to Government of India, 2019,
25th May ; from ditto, 750 S., 7th June ;
to ditto, 2636, 11th July ; from ditto, 967 8.,
24th July; to ditto, 3125, 12th Aug.; from
ditto, 1060, 23rd Aug.; to ditto, 3404,
1st Sept.
power" of the Caliph.