883.927/45
The Minister in Egypt (Howell) to
the Secretary of State
Cairo, May 27,
1924.
[Received June 17.]
No. 495
Sir: Supplementing my number 38 of May 27th, 6
p.m.,15 I have the
honor to herewith enclose a copy of the full text of the decision
rendered in regard to the Antiquities Law. I am at the same time
enclosing a copy of my Aide-Mémoire on this
question, dated April 22, 1924.16
I may state that on April 26th, I saw the Minister of Public Works who
controls for the time being this matter, and made a strenuous effort to
have this question remain exactly as it was during the year 1922–1923,
but I was unable to do so. It will be seen, however, that no reference
is made to the Lacau proposition, that is to say, leaving the decision
wholly in the hands of Lacau to say whether or not there shall be a
division of any of the articles found.
I shall be glad to discuss this question further with the Department and
with the Metropolitan Museum when I am in the States.
I have [etc.]
[Enclosure 1]
The American Legation
to the Egyptian Ministry for Foreign
Affairs
Aide Mémoire
The American Minister in a conversation with His Excellency the Royal
Egyptian Minister for Foreign Affairs this morning, briefly outlined
the situation as he understood it, with regard to the proposed
change in the Antiquities Law (adopted 1912).
[Page 721]
The American Minister observed that this measure was proposed and its
passage was insisted upon by M. Lacau, Director of Antiquities, one
year ago and that those engaged in the work of excavation, holding
concessions from the Egyptian Government representing various
museums in other countries, had found the proposed law so out of
keeping or conformity with the provisions which had hitherto
obtained (in the Law of 1912), and at the same time prejudicial to
the interests of these various museums, as to positively preclude
the possibility of further work being carried on by these museums if
this contemplated change was made effective.
It was held by them, and especially by the Metropolitan Museum of New
York, that the work carried on by them, was wholly dependent upon
voluntary subscriptions by individuals interested in archaeology and
in the securement of these institutions of objects of historical
interest discovered in the excavations being made here.
It was pointed out by the Minister that as he understood it, these
various museums had not and would not, be technical in the division
of articles found as the result of excavations; that only such
articles as were, perhaps, found to be duplicates of those already
possessed by the Royal Egyptian Government would be available for
foreign museums; and such other objects as might be agreed upon
within keeping of the Law on the fifty-fifty percent basis.
The Minister further called attention to the fact that during the
course of a conversation with His Excellency the Minister of Public
Works, Morcos Hanna Pasha, on or about March 25, 1924, he alluded to
this proposed change in the Law of 1912, and observed that the
various museums of the United States had the impression, probably
derived from the agitation as to this proposed change in the law,
together with the feeling which had gone forth in America regarding
the Carter controversy, that work of these various museums in
America was at an end. The Minister referred to a newspaper clipping
of April 1, 1924, which showed that already one of the large museums
in Pennsylvania, had decided to withdraw all forces from Egypt
engaged in this line of work.
It was further pointed out, that as noted above, this proposed
measure whereby it was left entirely optional with the Egyptian
Government as to whether any articles found by those engaged in
excavation work in Egypt would be subject to division, would
positively put a stop to all work by other museums in America, and
especially was this true of the Metropolitan Museum of New York.
His Excellency, the Minister of Public Works in his reply stated
substantially, that: the Egyptian Government appreciated the work
which had been done by Americans in this country and when the proper
time arrived this matter referred to would be adjusted to the
[Page 722]
satisfaction of the
American people and American museums. Later on, however, the
Minister in question observed: “that all modification of the laws,
depends upon Parliament.”
The American Minister, wishes finally to observe, with respect to
this question, in speaking particularly of the Metropolitan Museum
of New York, that its budget is made up for the year’s work, for
work of this kind in Egypt, about May 15th, and it is most
solicitous with respect as to what it may depend upon for the coming
year; indeed, it is incumbent upon it to know upon what it may
depend, if work this coming year and in future years be
continued.
[Enclosure
2—Translation]
The Egyptian Ministry for
Foreign Affairs to the American
Legation
Cairo, May 27,
1924.
No. 53/7/1 (2563)
Note
By an aide mémoire, dated April 22nd, last,
the American Legation informed this Ministry of the fears of
American Museums and especially those of the Metropolitan Museum of
New York concerning the matter of the modifications which the
Egyptian Government proposes to make in the Law of 1912 concerning
antiquities.
The competent Department, which the Ministry for Foreign Affairs has
not failed to address on this subject, has just advised that it
cannot abandon the plan of modifying the law in question in so far
as it concerns the division of antiquities found. However, it adds
that it is not accurate that the Egyptian Government does not wish
to give any of the objects found. It desires only not to be bound by
the word “half” at the time of the division, so as to establish
easily and in conformity with general scientific interests, complete
and logical series of documents representing the continuity of
Egyptian civilisation. This duty fulfilled regarding science, the
Egyptian Government will be pleased to give foreign museums objects
of equal importance which will be sufficiently representative in
their collections. It desires in that way to thank and to encourage
the excavators and to facilitate the study of ancient Egypt in
foreign university centers.
This change may, in fact, momentarily embarrass some scientific
institutions from a financial point of view, but this embarrassment
should not permit the sacrifice of scientific interests.
Besides, it should not be a matter of surprise, the Egyptian
Government having informed all those interested by a circular letter
[Page 723]
dated October 10,
1922, No. 27/2/1, of which a copy is hereto attached,17 pointing out that the
system of division by halves would be applied for the last time
during the season of 1922–1923.
In bringing the foregoing to the attention of the American Legation,
the Ministry for Foreign Affairs seizes this occasion to renew to it
the assurance of its high consideration.
