883.05/285
The Minister in Egypt (Gunther) to
the Secretary of State
Cairo, November 3,
1928.
[Received November 22.]
No. 69
Sir: I have the honor to refer to my telegram
No. 44 of even date reporting the receipt of and commenting briefly on
an identic Note addressed under date of October 28th, 1928, by the
Minister for Foreign Affairs to the representatives in Egypt of the
capitulatory powers reopening the general subject of the modification of
the capitulatory regime as effective in this country and requesting, in
particular, that the limited proposals in this sense made by the
Egyptian Government in its Note of December 25th, 1927, be recalled to
the attention of the Governments of the interested powers.
A copy of the identic Note as addressed to this Legation, together with a
translation thereof, is submitted herewith.
The Legation will, of course, follow this matter closely and report fully
to the Department.
I have [etc.]
[Enclosure—Translation18]
The Egyptian Minister for Foreign Affairs
(Afifi)
to the American Minister (Gunther)
Bulkeley, October 28,
1928.
No. 32–10/6 23 R
Mr. Minister: By letter of December 25th,
1927,19 my predecessor
had the honor to draw the attention of the American Chargé
d’Affaires to the hindrance which the capitulatory regime presents
to the Egyptian State in matters of legislation, taxation, and
jurisdiction, and to the desire of the Egyptian Government to see
substituted for this regime an organization which, while adopting
the measures
[Page 768]
necessary to
the protection of foreign interests, should be in harmony with
modern ideas and more compatible with the sovereignty of the
country, its interests, its evolution and its progress.
Solicitous of the vital interests of the country, the Government of
His Majesty is constantly preoccupied with this revision and hopes
soon to be in a position to discuss its projects with you with a
view to arriving at an agreement or agreements with the powers on
this subject.
In the meantime, the Government of His Majesty desires to arrive at a
prompt realization of those reforms set forth in the aforesaid
letter of this Ministry and which deal with the modification of
article 12 of the Mixed Civil Code as well as with certain
dispositions of the organic statute (Règlement d’Organisation
Judiciaire) of the Mixed Courts.
The proposed modification to article 12 of the Mixed Civil Code has
as its object the harmonizing of this article with the provisions of
article 35 of the Egyptian Constitution. It is true that in the
present circumstances this reform no longer retains the same urgent
character; but the Egyptian Government desires nevertheless to bring
it to fulfillment, considering that the suspension of Parliament is
provisional.
As to the other projects which have as their object the facilitating
of the repression of crime (infractions
criminelles) and the furtherance of justice, the Government
of His Majesty is persuaded that they will be readily recognized as
being in the general interest and that they cannot but be favorably
received by the interested powers.
It is with this hope that I have the honor to resort to Your
Excellency’s good offices in begging Your Excellency to have the
kindness to recall this question to the attention of the Government
of the United States.
I take [etc.]
