883.05/465: Telegram

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

27. Your 40, October 27.20 Although the Department does not consider itself estopped from raising the question of the extent of British participation in the legislative activities of the Mixed Courts, it would not wish to take such action unless the other interested Powers had taken the initiative and there appeared clear reasons for joining them.

In view of the statements on pages 325–326 of Justice Brinton’s book, The Mixed Courts of Egypt, the Department had considered that the British representation on the General Assembly was not likely to be injurious to American interests. Moreover, having raised no objection to this plural representation during the past 11 years, and having no evidence of any injury to American interests as a result thereof, it would appear difficult to raise the question at this time.

The Department would, however, be inclined to view with disfavor the creation of a new precedent by permitting three British judges to sit on the Legislative Assembly. Should there be in your opinion any possibility that such a course is contemplated the Department would upon your recommendation be prepared to consider favorably instructing you to inquire of the High Commissioner whether your Government is correct in assuming that the British Government has no intention of causing the number of British judges participating in the Legislative Assembly to be increased. The Department would, however, first wish to know what, if any, action the other principal Capitulatory Powers might be contemplating in the circumstances, as it would be reluctant to take the lead in such a matter.

  1. Not printed.