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interest being, as stated in 1936 to the British Government, "based ex-
clusively on its obligation and purpose to provide for the protection of
American interests in Palestine on a basis of equality with those of
other governments and their nationals" (Hackworth, id., Vol. 1, p. 117).
It is understood that in May of this year the British Government will
give up its mandate on Palestine and will withdraw its forces which are
stationed there. Whether at that time the President, in the absence of
congressional action and without regard to such action as this country
might take as a member of the United Nations, may send troops to Palestine
must be considered in the light of historical precedents and decided apart
from statute. There is no existing legislation which either authorizes or
1
prohibits the President from sending American troops to Palestine.
The use of American military forces abroad by executive direction
alone has historically been limited to instances of (1) the protection of
the rights or property of American citizens or of the United States Govern-
ment itself, (2) intervention and police supervision over the affairs of
nations in the Caribbean area, and (3) the protection of so-called "inchoate
interests" of the United States.
1. Protection of American rights and property abroad. The power of
the President, without authorizing legislation, to send American troops
abroad for this purpose is thus set forth in Corwin, The President. Office
1
Section 540 of Title 10, U.S.C., and section 441(a) of Title 34, U.S.C.,
which authorize the President, on application of foreign governments, to
detail officers and men of the Army and Navy to assist those governments "in
military matters," are not helpful here. Those statutes were intended merely
to provide instruction and other assistance to foreign governments in training
their military forces, teaching military science and techniques, etc., and not
to authorize military expeditions on the part of this Government.
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"ocrText": "- 2 -\ninterest being, as stated in 1936 to the British Government, \"based ex-\nclusively on its obligation and purpose to provide for the protection of\nAmerican interests in Palestine on a basis of equality with those of\nother governments and their nationals\" (Hackworth, id., Vol. 1, p. 117).\nIt is understood that in May of this year the British Government will\ngive up its mandate on Palestine and will withdraw its forces which are\nstationed there. Whether at that time the President, in the absence of\ncongressional action and without regard to such action as this country\nmight take as a member of the United Nations, may send troops to Palestine\nmust be considered in the light of historical precedents and decided apart\nfrom statute. There is no existing legislation which either authorizes or\n1\nprohibits the President from sending American troops to Palestine.\nThe use of American military forces abroad by executive direction\nalone has historically been limited to instances of (1) the protection of\nthe rights or property of American citizens or of the United States Govern-\nment itself, (2) intervention and police supervision over the affairs of\nnations in the Caribbean area, and (3) the protection of so-called \"inchoate\ninterests\" of the United States.\n1. Protection of American rights and property abroad. The power of\nthe President, without authorizing legislation, to send American troops\nabroad for this purpose is thus set forth in Corwin, The President. Office\n1\nSection 540 of Title 10, U.S.C., and section 441(a) of Title 34, U.S.C.,\nwhich authorize the President, on application of foreign governments, to\ndetail officers and men of the Army and Navy to assist those governments \"in\nmilitary matters,\" are not helpful here. Those statutes were intended merely\nto provide instruction and other assistance to foreign governments in training\ntheir military forces, teaching military science and techniques, etc., and not\nto authorize military expeditions on the part of this Government."
}