on the Bench. This is not a system which is in reality conducive to the good administration of justice. The intentions of His Majesty's Government are to appoint to the reconstituted Mixed Courts all the existing judges of the Mixed Tribunals (other than those whose age qualifies them to retire on a pension) who are subjects or citizens of a Power which agrees to close its consular courts. As no doubt the United States Government will be willing to enter into an agreement for this purpose with His Majesty's Government, the American judges now serving in the Mixed Tribunals will be appointed to the new courts. As regards future appointments, however, nationality will not be taken into account except in so far as local conditions may require. The nationality of the judges will be determined solely by reference to the proper discharge of their functions by the Courts, and the only foreign judges, other than subjects of the Protecting Power, will be those whom it may be desirable to appoint for administering justice to their fellow countrymen. 12. His Majesty's Government attach considerable importance to the conclusion of this agreement with as little delay as possible and I should, therefore, be grateful if you would be good enough to give the matter your earliest consideration. I have [etc.] In view of exaggerated reports in regard to Egypt which have recently appeared in the press, H. B. M. Embassy wish to inform the State Department that the present position is as follows: As a result of negotiations between Lord Milner's Mission and Zaghloul and his associates certain heads of agreement have been arrived at, the substance of which was more or less correctly published in the Times of August 23rd and August 24th. These terms have not yet received the approval or the consideration of His Majesty's Government. Certain of Zaghloul's associates are returning to Egypt to endeavour to obtain the support of the Egyptian people for an agreement on the lines proposed. If they are successful and if His Majesty's Government approve, it will then be necessary for a Treaty to be negotiated by properly appointed representatives of His Majesty's Government and of the Sultan of Egypt. Nothing in the terms of 8 Chief of the Near Eastern Division of the British Foreign Office. the signed agreement will interfere with the modification of capitulations and abolition of the Consular Courts. Nor does the agreement affect the Sudan. 883.05/180 The Chargé in Great Britain (Wright) to the Secretary of State No. 3585 LONDON, October 14, 1920. SIR: With further reference to my despatch No. 3171 dated July 19, 1920, and my despatch No. 3304 dated August 18, 1920, regarding the judicial reforms in Egypt as proposed by the British Government, I have the honor to transmit herewith a copy of a Note which has just been received from the Foreign Office, No. E.12275/509/16, dated October 12, 1920, regarding the vacancy caused among the judges in the Court of Appeal by the retirement of Judge Tuck, and requesting, on behalf of the Egyptian Government, that the United States Government suggest a suitable successor of equal eminence. I have [etc.] [Enclosure] J. BUTLER WRIGHT The British Secretary of State for Foreign Affairs (Curzon) to the American Chargé (Wright) No. E 12275/509/16 [LONDON,] October 12, 1920. SIR: I have the honour to refer to the note which I addressed to the United States Ambassador on 15th July, laying before His Excellency certain proposals for the reform of the Mixed Courts in Egypt which it was desired to bring into force by November 1st next. Conversations with the Egyptians have shown that a little longer time will be necessary to make the required arrangements for the introduction of the scheme in question and the Egyptian Government have therefore decided on the advice of His Majesty's Government to request the Powers concerned to agree to the prolongation of the status quo for a further period of six months, and the necessary steps are being taken in Cairo to this end. As a vacancy has been caused among the number of judges in the Court of Appeal by the retirement of Judge Tuck and as it is desired to replace him by another American judge, I have the honour to request, on behalf of the Egyptian Government, that you will move the United States Government to suggest a suitable successor of equal eminence. The Egyptian Government would be grateful if the United States Government would be good enough, in accordance with common though not universal custom, to suggest three candidates for the post in question and to communicate their names to His Majesty's Ambassador at Washington who is being instructed to forward them to Egypt. I have the honor to add that the conditions of service will be in accordance with the Sultan's decree of March 8th, 1920, with the addition of one hundred and fifty pounds per annum payable in March and September, an addition which has so far only been granted for the present year. I should be grateful if you would, when bringing this matter to the notice of the United States Government, emphasize the importance which His Majesty's Government continue to attach to the speedy conclusion of a convention on the lines laid down in my note referred to above. In advising the Egyptian Government to proceed forthwith to the appointment of an American judge to succeed Judge Tuck, His Majesty's Government have afforded a proof which the United States Government will doubtless appreciate of their sincere desire to preserve the American element in the constitution of the Mixed Courts and to avail themselves of the talents of eminent American jurists which they feel confident will prove as valuable in the future as they have done in the past. I have [etc.] (For the Secretary of State) J. A. C. TILLEY 883.05/180 The Secretary of State to the Ambassador in Great Britain (Davis) No. 1038 WASHINGTON, November 23, 1920. SIR: Reference is made to your despatch No. 3585 of October 14, 1920, enclosing a communication received by the Embassy from the Foreign Office regarding certain proposed changes in the Mixed Courts of Egypt and the filling of a vacancy in the Court of Appeal resulting from the retirement of Judge Tuck, the American member of that Court. With respect to the request by the British Government that this Government suggest a suitable successor to Judge Tuck, your attention is called to the Department's telegram No. 510, of May 15,9 last, in which the desire was expressed that Judge Crabitès, now 'Not printed. serving on the Court of First Instance, should be elevated to the position made vacant by the retirement of Judge Tuck. Before taking any action looking to the submission of other names, the Department would like to be advised whether there are any objections to the promotion of Judge Crabitès and, if so, to be informed of the nature of such objections. The proposal of the British Government regarding the reorganization of the Mixed Courts and the surrender of consular jurisdiction in Egypt is receiving the Department's consideration and will be made the subject of a further communication within a short time. I am [etc.] For the Secretary of State: ETHIOPIA TREATY OF JUNE 27, 1914, WITH THE UNITED STATES Negotiation and Signature of a Treaty of Commerce at Addis AbabaNotification to Prince Lidj Yassou, December 20, 1914, of Ratification by the United States-Proclamation of the Treaty by President Wilson, August 9, 1920 711.842/2 The Consul General at Addis Ababa (Wood) to the Secretary of State No. 4 ADDIS ABABA, April 18, 1914. SIR: I have the honor to acknowledge the receipt of the Department's No. 2, dated January 3, 1914,1 regarding the negotiation of a new commercial treaty between the United States and Ethiopia. Very soon after my arrival I approached informally the Minister of Foreign Affairs with this point in view. He hesitated for a while not knowing whether it would be advisable for the Crown Prince at the present time to negotiate any treaty, especially as the death of Menelik II had not been officially proclaimed. I called his attention to the fact that upon the death of Menelik all the rights, privileges, power and authority descended to Prince Lidj Yassou who had been proclaimed successor of Menelik II., and I also observed that Lidj Yassou was exercising all of the prerogatives of the Emperor of Ethiopia. He assented and said that if it were absolutely necessary to negotiate the treaty at once he would submit it to the Prince and his Ministers for their consideration. But he expressed the opinion that if it were not absolutely necessary that it would be better to defer the consideration of the treaty until a time when political conditions of the country were more firmly established. I could not secure an expression of opinion as to how long that would be. My sickness which has continued incessantly for two weeks and I am still confined to my bed suffering some pain, so that it has been impossible for me to take up the negotiation of the said new treaty. But if my condition steadily improves, I expect to have the treaty signed within a month from date. I have [etc.] 'Not printed. JOHN Q. WOOD |