783.003/133: Telegram
The Acting Secretary of State to the Minister in Egypt (Fish)
49. Your 73, December 7, 9 a.m. and Department’s 48, December 7, 2 p.m. Following is text of telegram of December 9 from Embassy at London:
“The Department’s 436, December 5, 2 p.m.,41 was taken up informally with the Foreign Office who stated that they thought invitations [Page 32] to the proposed Capitulations Conference would be ready within 10 days or 2 weeks and that detailed Egyptian proposals for the conference would probably be available in Cairo about February 1, next. The Foreign Office pointed out in this connection that the annex to Article 13 of the Treaty of Alliance between the United Kingdom and Egypt outlines the proposals.
The Foreign Office said it was still doubtful whether the conference would take place in Cairo or in some town in Switzerland but they thought it possible that it might convene about March 1. The Embassy pointed out that this would only leave one month from the date of the issue in Cairo of the detailed Egyptian proposals and the date of the opening of the conference, and that the Department earnestly hoped that it might have before it the Egyptian proposals not less than two months prior to the convening of the conference. The Foreign Office said that the Egyptian Government desired to have the Capitulations Conference as soon as possible and though the dates given above were only guesses and might both be subject to change, especially postponement, the Foreign Office thought it most unlikely that there would be as much as 2 months between the issuance of the detailed proposals and the convening of the conference.”
In view of the complexity of the subject and the lack of information as to the method by which the Egyptian Government proposes to terminate the capitulatory regime it is doubtful if any useful purpose would be served by approaching certain of the capitulatory Powers as suggested in your 73, December 7, 9 a.m. Moreover, since the above quoted telegram from London indicates that the Egyptian Government intends eventually to issue detailed proposals, no reason is perceived why you should not now discuss this matter with the appropriate Egyptian authorities in accordance with the Department’s 46, December 5, 2 p.m. In such discussions you should make clear that in asking for ample opportunity to consider the detailed Egyptian proposals the Department, far from intending to be obstructive, has in mind the possible necessity of extensive preparations including legislation, which may be required under American constitutional forms, to enable the President to give prompt effect to any decisions that may eventually be reached respecting the termination of the capitulatory regime. In this connection you will recall the Act of 1874,42 which empowered the President merely to suspend certain aspects of our capitulatory rights in Egypt. See also in this connection fourth paragraph of note to British Government quoted in Department’s instruction of July 8, 1921, to Embassy at London, reprinted in Vol. I, page 907, Foreign Relations, 1921.