yesterday informed me of his Government's intention to present to the powers a proposal to extend jurisdiction of the Mixed Courts to all cases adjudged now by Consular Courts and to make the suggested constitution of a new chamber of five judges dependent upon the replies of the powers. However, he assured me in response to my full statement of the American position that every consideration would be given our desire for additional representation, if, as, and when there is constituted such a chamber. He reaffirmed repeatedly his desire to please us and to meet American wishes, and his attitude was most sympathetic. Although the question of this new chamber is unlikely to come up before the autumn, I have explained very fully the American position to Lord Lloyd, the British High Commissioner. For the first time I found him frank in admitting his continued supposition that the United States did not sympathize with British policy and aims in Egypt. The acts of my predecessor were also repeatedly mentioned, but now I think he understands far better the American position, and, as a result of this conversation, Lord Lloyd has already discussed, as promised, our attitude in the matter of Mixed Courts with the British judicial adviser, Judge Booth. GUNTHER 883.05/304: Telegram The Minister in Egypt (Gunther) to the Secretary of State [Paraphrase] CAIRO, May 11, 1929-12 a. m. [noon]. [Received May 11-9:50 a. m.] 32. My 29, May 10, 5 p. m. Following the conversation I had with Lord Lloyd, I received a call from Judge Booth and learned from him of the extreme unlikelihood that there will be created a new chamber of appeals, with five judges. According to him, the figures and facts of work now pending do not justify it; the British Government is of the view that a partial reference of consular cases first should be tried out prior to taking up any question of transferring all consular jurisdiction; and both the Minister of Justice and Judge Booth strongly oppose creating a new chamber. The British judicial adviser stated that one of the present judges of first instance would retire by autumn and promised, in response to my representations, to support the appointment of an American judge to fill the vacancy. GUNTHER 883.05/305: Telegram The Minister in Egypt (Gunther) to the Secretary of State ALEXANDRIA, June 3, 1929-7 p. m. [Received June 3-3: 55 p. m.] 40. I learn that Mixed Court of Appeals has just approved a proposal to enlarge its personnel by one foreign judge who is to act as general substitute for ill or absent colleagues handling also any special cases which may be assigned to him. In my last conversation with Judge Booth the latter hinted to me that Judge Hourriet, the Swiss President of the Cairo Courts, would probably be the judge chosen. I understand that this is now settled. In view of the vacancy which will be thus created in October next, I venture to inquire for my general guidance whether in any further conversations with the judicial adviser or other Egyptian officials you desire to take advantage of the former's undertaking to support the nomination of an American judge for the Cairo vacancy? This promise of Judge Booth was reported to you in my No. 32, May 11, noon. GUNTHER 883.05/306: Telegram The Minister in Egypt (Gunther) to the Secretary of State [Paraphrase] CAIRO, June 12, 1929-4 p. m. [Received June 12-3 p. m.] 42... I have not failed to continue pressing for additional American representation and now am happy to report: (1) I have received a personal letter from the judicial adviser, Judge Booth, stating that now he finds every disposition to accept the suggestion of an eventual appointment of a third American judge to the court of first instance at Cairo; (2) the Prime Minister informed me this morning that, responding to my personal representations to him, he had succeeded in obtaining the consent to appointment of another American judge to fill the vacancy I reported in my 40, June 3, 7 p. m. While an official communication in this sense has not reached me, may I suggest the desirability of seeking soon for three suitable nominees. If tentatively selected, a really competent judge would have time this summer to become sufficiently proficient in French (if not already so) by being ready to go to France for study during the summer months. GUNTHER 883.05/350: Telegram The Minister in Egypt (Gunther) to the Secretary of State CAIRO, November 19, 1929-noon. [Received 7:10 p. m.] 69. My 68, November 14, 4 p. m.28 Am just in receipt of formal note from Minister of Foreign Affairs requesting nominations for Cairo appointment. Shall be asked informally in accordance with practice to indicate which candidate I consider best qualified. Does Department care to instruct me to this end? GUNTHER 883.05/350 The Acting Secretary of State to the Minister in Egypt (Gunther) SIR: The Department has received your telegram No. 69, November 19, noon, reporting the receipt of a formal note from the Egyptian Minister of Foreign Affairs, requesting the nomination of American candidates for the existing vacancy among the foreign judges on the Mixed Court of First Instance at Cairo. With the approval of the President, this Government hereby nominates for this position the following persons: Edward G. Hill of Louisville, Kentucky. George W. Kretzinger, Jr., of Chicago, Illinois. Biographies of each of these nominees, together with the names of the persons who have recommended each to the Department, are enclosed.28 As soon as the Egyptian Government has signified its choice, it is desired that you inform the Department by telegraph in order that the successful candidate may be promptly advised.29 I am [etc.] J. P. COTTON PROFOSED ESTABLISHMENT OF AN EGYPTIAN CUSTOMS REGIME THROUGH LEGISLATIVE ACTION 611.8331/7 The Minister in Egypt (Gunther) to the Secretary of State No. 145 CAIRO, February 20, 1929. [Received March 13.] SIR: Referring to my despatch No. 131 of January 30, 1929,28 and previous correspondence, I have the honor to enclose herewith a copy Not printed. *The Minister in Egypt, in telegram No. 13, January 21, 1930, reported: “Decree appointing Wright published in Official Journal January 20th. I am informing him by telegraph." (883.05/358.) and translation of a Note, dated February 14th, received from the Egyptian Minister for Foreign Affairs in which the intention is set forth of the Egyptian Government to establish a new Egyptian customs regime through legislative action, exception being made for the conclusion of conventions within the limits of the powers to be granted it under the law which will establish the said regime. It will be observed that on February 16, 1930, the Egyptian Government plans to allow to elapse such of the "conventions which are still in force" and which accordingly serve as a basis for the treatment accorded the commerce of the United States of America. As far as I can ascertain, however, the only convention still in force is with Italy.32 I took occasion this morning to discuss this Note, the French of which is somewhat obscure, with the Minister for Foreign Affairs. He explained to me that the convention with Italy would expire on February 16th, next, and that instead of writing merely to Italy he had decided to send a circular Note to all the Powers. I asked him whether he meant to suggest by the Note in question that a commercial treaty be negotiated between us before that date and he replied in the affirmative and added that as a matter of fact he intended to submit to me in the near future a draft convention. I would suggest, however, if you concur, that instead of awaiting the Egyptian draft you furnish me with a counterdraft which could serve as a basis for any negotiations which you may instruct me to undertake. I have [etc.] FRANKLIN MOTT GUNTHER [Enclosure Translation] The Egyptian Minister for Foreign Affairs (Afifi) to the American Minister (Gunther) No. 42.5/3 (12) CAIRO, February 14, 1929. MR. MINISTER: I have the honor to bring to the knowledge of Your Excellency that the Government of His Majesty the King of Egypt proposes to establish the Egyptian customs régime through legislative action, exception being made for the conclusion of conventions within the limits of the powers to be granted it under the law which will establish the said régime. Up to now the Egyptian Government has proceeded solely by means of conventions, and the system of duties and taxes applicable to the navigation and commerce of the United States of America has been based, in accordance with the "Convention of commerce and navigation signed at Alexandria, July 14, 1906; British and Foreign State Papers, vol. c, p. 867. protocol signed November 16, 1884,33 on the conventions concluded between Egypt and the other foreign powers. But the Royal Government plans, on the 16th of February 1930, to bring to an end those of these conventions which are still in force and which accordingly serve as a basis for the treatment accorded the commerce of the United States of America. As a result of this, beginning with the following day, the schedule of duties and taxes which will be applied to the navigation and commerce of the United States of America will be fixed by the new laws to be promulgated, with, however, such exceptions as may be introduced, within the limits of the powers granted to the Royal Government by the legislation in question, through the conclusion of a convention between Egypt and the United States of America. I seize this occasion [etc.] The Minister for Foreign Affairs H. AFIFI 611.8331/9: Telegram The Acting Secretary of State to the Chargé in Egypt (Wadsworth) [Paraphrase] WASHINGTON, August 6, 1929-6 p. m. 35. Reference despatch No. 204, June 22, from the Minister.94 While it is seriously doubted by the Department that the Egyptian Government has authority, under the capitulatory treaties and usage, to make new customs tariffs without obtaining consent of the capitulatory powers, the Department would not wish, in the light of information available now, expressly to raise this issue should the other capitulatory powers not do so. You are desired to endeavor very discreetly to find out from your colleagues the attitudes their Governments take on this question and to telegraph the Department this information. COTTON 611.8331/11 : Telegram The Chargé in Egypt (Wadsworth) to the Secretary of State [Paraphrase] ALEXANDRIA, August 16, 1929-7 p. m. [Received August 16—3:02 p. m.] 50. Your 35, August 6, 6 p. m. With another Egyptian matter as a pretext for calling, I have discussed with my principal colleagues the general situation and the proposed new tariff regime. The general tendency is, I find, to consider the Egyptian tariff thesis open to serious question if capitulatory principles are applied strictly. Malloy, Treaties, 1776-1909, vol. 1, p. 442. "Not printed. |