Papers relating to the foreign relations of the United States, 1929, Volume II

883.05/290: Telegram

The Secretary of State to the Minister in Egypt ( Gunther )

Washington , January 26, 1929—6 p.m.

4. Your telegram No. 1, January 14, 9 a.m., and your despatch No. 69 of November 3, 1928.¹³

[Paraphrase.] With an appropriate introductory paragraph, you may, unless some objection is perceived by you, reply substantially as follows to the Egyptian Government [End paraphrase.]:

“The Government of the United States is prepared to examine in a friendly and sympathetic spirit such appropriate proposals for the revision of the Capitulatory régime as the Egyptian Government may eventually formulate. The American Government would be disposed to consider the possibility of recourse to the procedure of an international conference if it should appear that the examination and discussion of these proposals would thereby be facilitated.

With the general spirit of the changes in the organization of the Mixed Courts, proposed in the Egyptian Government’s circular note of December 25, 1927, the American Government is largely in sympathy and in order to facilitate the early conclusion of an agreement through a frank exchange of views, it makes the following observations and comments with respect to each of the six principal proposals set forth in the Egyptian Government’s circular note.

1. The first proposal is in principle acceptable, subject however to the reservation of the right of the United States to note its objection to legislation which is considered beyond the scope of the authority that has been or may be granted to the General Assembly of the Court of Appeals.

2. The second proposal is likewise in general acceptable. It is noted, however, that this proposal would apparently involve the revision of the codes of criminal law and of criminal procedure, as well as the extension of the parquet judicial police and an enlargement of the prison system. The American Government would be glad to receive information as to the intentions of the Egyptian Government with respect to these matters. The American Government before giving final approval to this proposal would also appreciate being informed as to the penalties intended for the delicts mentioned and the precise scope of the term ‘commercial frauds.’

3. The third proposal is acceptable.

4. My Government recognizes the desirability of creating an additional chamber in the Court of Appeals, but it is thought that the purpose which the Egyptian Government has in mind can best be achieved by creating a new chamber of five judges. To such a proposal the American Government would offer no objection. In this connection, however, it is pertinent to recall to the attention of the Egyptian Government the position of the American Government in favor of bringing about a return to the principle of equality of representation as among the principal Capitulatory Powers represented in the Mixed Court judiciary, including specifically the proposed new chamber. As Your Excellency is aware my Government has never acquiesced in the departure from this principle which has taken place in recent years.

5. The American Government perceives no objection to liberalizing the present regulations governing the election of judges to the offices of president and vice-president of the Mixed Courts, but it is unable to concur in the proposal that the election to one of these offices of a judge of any specific nationality be made mandatory. It is felt that outstanding judicial ability should be the sole criterion upon which election to these offices should be based.

6. As to the sixth proposal, involving the granting of Egyptian decorations to judges of the Mixed Tribunals, my Government desires to reserve its decision pending a further opportunity to study the proposed provisions.”

Kellogg

13. For despatch No. 69, see Foreign Relations, 1928, vol. ii, p. 767.