883.05/375: Telegram

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

15. Your 13, January 27, noon.2 At the time of the official announcement of the appointment of an additional French judge to the Mixed Court judiciary, please present a note to the Minister for Foreign Affairs substantially as follows:3

“On several occasions during recent years my Government has had occasion to express to the Royal Egyptian Government its interest in favor of a return to the principle of equality of representation as among the principal capitulatory Powers on the Mixed Court judiciary. The last of these occasions was on April 18, 1929, when my predecessor, in a note to the Egyptian Minister for Foreign Affairs,4 set forth in considerable detail my Government’s viewpoint on this question.

The subsequent action of the Egyptian Government in appointing an additional American judge to the Mixed Court of First Instance at Cairo was particularly gratifying to my Government, which interpreted this appointment as indicative of the Egyptian Government’s intention to bring about an early realization of the principle of equality of representation among the principal capitulatory Powers.

That it is the intention of the Egyptian Government to bring about a return to this principle is now further indicated by the recent announcement of the appointment of an additional judge from among the nationals of one of the principal capitulatory Powers which in recent years has not been equally represented on the Mixed Courts.

In reaffirming my Government’s position with respect to the principle of equality of representation, I have been instructed to express my Government’s confidence that the Egyptian Government will continue to apply this principle in future appointments in order that American representation on the Mixed Court judiciary may soon be brought to a parity with that of the other principal capitulatory Powers.”

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After the note has been presented you may, if you perceive no objection, show a copy thereof in strict confidence to your French colleague.

  1. Not printed.
  2. The note was presented under date of March 3, 1931 (883.05/382).
  3. Foreign Relations, 1929, vol. ii, p. 942.