883.05/237
The Chargé at Cairo (Andrews) to the
Secretary of State
Cairo, November 25,
1921.
[Received December 27.]
No. 189
Sir: Referring to the Department’s telegram No.
21 of October 24th [27th] last, relative to the
prolongation of the Mixed Courts, I have the honor to enclose herewith
copy of a communication addressed to me by the Director-General of the
Ministry for Foreign Affairs, Robert Greg.
The fourth and fifth paragraphs of this letter refer to the subject of my
telegram No. 38 of November 7th current,22 concerning the omission from the official
published Decree of any reference to the American reservations.
Notwithstanding Mr. Greg’s explanations I still think that it would have
been more correct for notice to have been taken of the American
reservations in the promulgatory Decree in view of the Egyptian
Laws.
The first, second and third paragraphs refer to the sense of the
Department’s telegram No. 21 of October 24th [27th] last, communicated by the Agency to the Foreign Office
by note dated October 28th last. Mr. Greg alleges that the phraseology
of the reservations reading, quote “Under reservation to the Government
of the United States of the right to withdraw its adherence to the
arrangement at any time after one year” end quote, is susceptible of two
interpretations: that it may be taken as meaning that the United States
Government reserved a right similar to that reserved by the
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Egyptian Government—to give
one year’s notice of withdrawal, a stipulation made by several
Governments and one to which the Egyptian Government has no objection:
but also that the phrase appears “open to the interpretation that the
United States Government reserves the right to withdraw without notice
at any time after a year from the date of the publication of the Decree,
a stipulation which appears scarcely consonant either with American or
with Egyptian interests”.
Mr. Greg’s note continues to say that he assumes that the first
interpretation, the right to give one year’s notice of withdrawal, is
that intended by the United States Government; and he requests to be
informed whether the United States Government concurs in this
interpretation.
Previous to this note Mr. Greg had come personally to see me and asked me
to interpret the phrase which as will be seen from the subsequent fact
of his note, I of course declined to do.
I have [etc.]
[Enclosure]
The Director-General of the Egyptian Ministry
for Foreign Affairs (Greg) to the
American Chargé (Andrews)
Cairo, November 17,
1921.
Dear Mr. Andrews: With reference to my
conversation with you yesterday I have the honour to inform you that
since the despatch of Mr. Scott’s note No. 1046 of November 1st
concerning the reservations made by the United States Government
adhering to the indefinite prorogation of the Mixed Courts, my
attention has been drawn to a certain ambiguity in the terms of the
first of these reservations as formulated in your note of October
28th. This reservation is contained in the following phrase.—“under
reservation to the Government of the United States of the right to
withdraw its adherence to the arrangement at any time after one
year”.
This phrase was interpreted both by Mr. Scott and by his Legal
Adviser as meaning that the United States Government reserved a
right—similar to that reserved by the Egyptian Government—to give
one year’s notice of withdrawal, a stipulation made by several
Governments and one to which the Egyptian Government has no
objection. The phrase appears, however, also open to the
interpretation that the United States Government reserves the right
to withdraw without notice at any time after a year from the date of
the publication of the decree, a stipulation which ajppears scarcely
consonant either with American or with Egyptian interests.
I assume that the first interpretation given above, namely the right
to give one year’s notice of withdrawal, is that intended by
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the United States
Government, and I should be much obliged if you would be good enough
to inform me in due course whether the United States Government
concurs in this interpretation.
With reference to your letter No. 7 of November 5th and to our
conversation of yesterday in the course of which you expressed some
surprise that no mention of the reserves formulated by the United
States Government was made in the decree of October 31st proroguing
the powers of the Mixed Courts, I should like to confirm the
statement on this subject made to you by Mr. Hall in handing you Mr.
Scott’s Note of November 1st. It is not our custom to publish
explanations in our decrees, such explanations or reservations being
made in official correspondence between this Ministry and Foreign
Agencies. This correspondence, however, is no less official and
binding than a decree, and the position of the United States
Government is therefore, in our opinion, fully safeguarded by our
Note of November 1st. The same procedure—namely an acknowledgment by
official note—has been followed in the case of all the other Powers,
who made reservations in adhering to the indefinite prorogation of
the Courts.
The position as regards France, Greece and Holland was altogether
different since these Powers had not agreed to an indefinite
prorogation. In the case of the French and Greek Governments an
agreement concerning the precise terms of the reservations
formulated had not been reached before October 31st, and in order to
avoid the inconvenience which would have been caused by the total
omission in the Decree of France and Greece, the French and Greek
Diplomatic Agents agreed, as a temporary expedient and without
conditions, to the prorogation of the Courts for three months.
Similarly the Netherlands Government had only agreed to the
prorogation for one year, and the decree therefore stated that in
the case of French and Greek Nationals the prorogation was only
valid for three months and in the case of Dutch Nationals for one
year. As soon as agreement is reached with these three Governments
for an indefinite prorogation a further decree will be issued. I
trust this will make the position clear to you.
Yours sincerely,
