Foreign Relations of the United States Diplomatic Papers, 1936, The Near East and Africa, Volume III

883.0513/174: Telegram

The Secretary of State to the Chargé in Egypt ( Hall )

Washington , September 30, 1936—5 p.m.

37. Your 53, September 25, noon, and 55, September 28, noon. The position of this Government with respect to its right to nominate American judges was made perfectly clear in the note quoted in telegram 10, February 24, 1920,¹⁴ and by the earlier notes referred to therein. This Government cannot admit the introduction of a new practice at this late date, particularly in view of the fact that the old practice of receiving nominations from foreign governments has been followed as recently as the present year. (See paragraph 7,¹⁵ Legation’s despatch 701, June 29, 1936.)

On the other hand, the Department is not disposed to insist that the Egyptian Government make a formal request for this Government’s nominations. An informal request for such nominations from the Minister of Justice, to be answered likewise informally, would be acceptable. Obviously this Government is interested quite as much as the Egyptian Government in seeing that a suitable candidate is appointed and naturally any list of candidates submitted would include only those who are properly qualified. However, the Department cannot agree, even informally and unofficially, to include in such a list any particular name or names.

As for the appointment of Judge Crabitès successor to Mansourah, the Department has not altered its position as set forth in telegram 46, October 30, 1929.¹⁶

The Department does not attach particular importance to the immediate appointment of a new judge and does not desire you to press for such an appointment at this time. However, if Judge Booth or the Minister of Justice should again bring up the matter you should explain in a most definite manner this Government’s attitude as set forth in the preceding paragraphs.

In any such discussion you may also express the personal opinion that at the forthcoming negotiations concerning the termination of the capitulatory regime the attitude of this Government cannot help but be favorably influenced by any good will which the Egyptian Government may show in connection with the appointment under discussion.

Hull

14. Not printed. In this telegram to the American Agent and Consul General at Cairo, the Department quoted the text of a note to the British Embassy dated February 24, 1920, which note reiterated the American position with regard to appointment of American members to the Mixed Tribunals as follows: “this Government cannot admit that the right to nominate American judges for the Mixed Courts belongs to other than this Government.” The Agent was instructed “to bring this matter to the attention of the proper authorities.” (883.05/144)
15. The paragraph beginning “I further called the attention …”, p. 14.
16. Not printed. In this telegram the Department instructed the Minister in Egypt that “every effort should be made to insure that the proposed appointment be made to Cairo or Alexandria.” (883.05/343)