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A mandatary, or one who undertakes to do an act for another without recompense, in respect to the thing bailed to him, is responsible for gross neglect, if he undertakes and does the work amiss; but it is thought that for agreeing to do, and not undertaking or doing at all, he is not liable for damage.
Most Turks believe that, with America as the mandatary power, the country would not only benefit enormously through the railways, roads, harbor works, agricultural projects, sanitary improvements and financial reforms which would be carried out at American expense, as in the Philippines, but that, should the Turks behave themselves and demonstrate an ability for self-government, America would eventually restore their complete independence, as she has promised to restore that of the Filipinos.
But if they find that Constantinople and Armenia are to be taken away from them, then I imagine that they would vigorously oppose any mandatary whatsoever.
The Turks are perfectly resigned to accepting either America, England or France as mandatary, though they would much prefer America, provided that European Turkey, Anatolia and Armenia are kept together, for they realize that Syria, Mesopotamia and Arabia, whose populations are overwhelmingly Arab, are lost to them forever.
For this kind of authority the legists have even invented a special name: "shaukah," which means actual influence, the authority which has spontaneously arisen in default of a chief who in one form or another can be considered as a mandatary of the Khalifate.
Being perfectly aware that neither England nor Italy would consent to her becoming the mandatary for Constantinople, she proposes to do the next best thing and rule Turkey in the future, as in the past, through the medium of her financial interests.
The degree of authority, control, or administration to be exercised by the mandatary State or agency shall in each case be explicitly defined by the League in a special Act or Charter which shall reserve to the League complete power of supervision and of intimate control, and which shall also reserve to the people of any such territory or governmental unit the right to appeal to the League for the redress or correction of any breach of the mandate by the mandatary State or agency or for the substitution of some other State or agency, as mandatary.
Who gives this command? Your mandatary. Who makes these imperious laws for you? Your mandatary; he who should rather receive them from you, gentlemen from us, who are invested with a political and inviolable priesthood; from us, in a word, to whom alone twenty-five millions of men are looking for certain happiness, because it is to be consented to, and given and received by all.
The mandatary State or agency shall in all cases be bound and required to maintain the policy of the open door, or equal opportunity for all the signatories to this Covenant, in respect of the use and development of the economic resources of such people or territory.
The mandatary State or agency shall in no case form or maintain any military or naval force in excess of definite standards laid down by the League itself for the purposes of internal police.
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