Report of the Special Mission to Egypt under Lord Milner, and related papers [‎86v] (174/473)

(c.) Consular officers of the foreign Powers shall be accorded by Egypt the same
status as foreign Consuls enjoy in England.
(d.) Existing Treaties and Conventions to which Egypt is a party on matters
of commerce and navigation, including postal and telegraphic
Conventions, will remain in force. Pending the conclusion of special
agreements to which she is a party, Egypt will apply the Treaties in
force between Great Britain ami the foreign Power concerned on
questions affected by the closing of the Consular Courts, such as extra
dition Treaties, Treaties for the surrender of seamen deserters, &c., as
also Treaties of a political nature, whether multilateral or bilateral, e.g.,
arbitration Conventions and the various Conventions relating to the
conduct of hostilities.
(e.) The liberty to maintain schools and to teach the language of the foreign
country concerned will be guaranteed, provided that such schools are
subject in all respects to the laws applicable generally to European
schools in Egypt.
(/.) The liberty to maintain or organise religious and charitable foundations,
such as hospitals, &c., will also be guaranteed.
“ The Treaties will also provide for the necessary changes in the Commission
of the Debt and the elimination of the international element in the Alexandria
Board of Health.
“9. The legislation rendered necessary by the aforesaid agreements between
Great Britain and the foreign Powers, will be effected by decrees to be issued by the
Egyptian Government.
“A decree shall be enacted at the same time validating all measures, legislative,
administrative or judicial, taken under Martial Law.
“ 10 . The decrees for the reorganisation of the Mixed Tribunals will provide for
conferring upon these Tribunals all jurisdiction hitherto exercised by the foreign
Consular Courts, while leaving the jurisdiction of the Native Courts untouched.
“ 11 . After the coming into force of the Treaty referred to in Article 3 , Great
Britain will communicate its terms to foreign Powers and will support an
application by Egypt for admission as a member of the League of Nations.
August 18, 1920.”
C .—The Policy of the Memorandum.
L Representation of Egypt in Foreign Countries.
The policy of the above document in its general character is in accordance with
the conclusions at which, for the reasons already given, we had arrived before
leaving Egypt. But, as a result of our discussions with Zaghlul Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. and his
associates, we were now prepared to go somewhat further. The most important point
on which we were led by their arguments to modify our earlier view is one to which
the memorandum gives especial prominence, viz., the right of Egypt to appoint her
own representatives in foreign countries. It has always been, and is, from our point
of view, a fundamental principle that the foreign relations of Egypt should be under
the general direction of Great Britain. All reasonable Egyptians, however strongly
Nationalist, recognise the immense value of the security which an alliance with
Great Britain would afford them. But it is obviously impossible to expect that
Great Britian should shoulder the responsibility of defending the integrity and
independence of Egypt against all possible dangers, if that country were free to
pursue a policy of her own in foreign affairs inconsistent with or prejudicial to the
policy of Great Britain. This axiom none of the Egyptians with whom we were
dealing ever attempted to dispute. They were quite prepared—in a Treaty of
Alliance—to give whatever pledges might be necessary to exclude the possibility of *
any action on the part of Egypt which could cause embarrassment to her great ally.
There was, indeed, no difference of opinion on this point in the course of our
discussions, and the words of the memorandum dealing with it appear to us to make
the complete understanding which existed with regard to the subject sufficiently *
clear. For in this, as in other respects, it must always be borne in mind, that in
drawing up the memorandum, we were not attempting to draft a Treaty but simply
to express in ordinary language the ideas which a Treaty, to be subsequently