ملف من أوراق مطبوعة مصنفة تحت عنوان "التفاوض المصري" بين كرزون وعدلي باشا والوفد المصري [و‎‎٥‎٧] (١٧٨/١١٣)

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present, as, were lie to discuss it, they would at once find themselves talking about the
question of foreign relations, and this was a matter which Lord Curzon himself would
deal with.
Adly Pasha said that, even under existing conditions, there was nothing to prevent
Egypt being a contracting party in the Capitulations negotiations.
Mr. Lindsay observed that, as Rushdi Pasha had said already, there would have
to be close co-operation, and, in any case, by promulgating a law giving effect to the
conventions when concluded, Egypt would in lact become a contiacting paity.
Ttushdi Pasha presumed that article 2 of the Milner Memorandum would then be
omitted, pointing out that it was more in the nature of a preamble than of a clause in
a treaty.
Adly Pasha said that the first reservation had been considered ; as regards the
second, he thought that it was agreed that this should not come into the treaty. o
put the matter in two words, Egypt would not by the treaty confer other rights than
those which the treaty itself implied.
Mr. Lindsay said that the third reservation had gone.
Adly Pasha agreed, and said that the fourth naturally followed the same course.
Mr. Lindsay said that there remained the point about which they had just been
speaking. Then, as regards the sixth, which concerned the Judicial Commissioner, the
delegation had based their proposal on the Milner Memorandum. He would like to
know whether, in the light of the altered circumstances, they would wish to make any
fresh observations.
Adly Pasha said that this Judicial Commissioner was part of an ensemble, and
was in the nature of a new guarantee to foreigners in compensation foi theii sacriticing
their capitulary privileges. The question was not finally settled, and aeeoiding to
Mr. Lindsay it was unnecessary to discuss it. Therefore he would ask why should
Egypt give any further guarantees than those which the existing regime of the
Capitulations already provided ?
Mr Lindsay said that he saw their point, which implied that foreigners were
secure because under the Capitulations they could not be arrested by Egyptian police,
as thev were protected from Egyptian legislation, and as they had the Mixed Courts to
appeal to. He said that this thesis did not appeal to him, nor did he think His
Majesty's Government could subscribe to it. Lord Curzon had already developed the
arguments on this subject, and showed how life could be made impossible for foreigners
by the arrest of native servants or employees on whom they were dependent In fact,
even with the Capitulations, administrative abuses were always possible.
Adly and Pushdi Pashas interjected that a foreigner if suffering from such an
abuse could always approach his diplomatic representative, who would then make a
demarche.
Mr. Lindsay said that a demarche did not prevent abuses.
Ttushdi Pasha enquired what, then, did he want.
Mr. Lindsay said that as Lord Curzon had already explained the Judicial
Commissioner must be an courant of all that was going on, and must be in a position
to give the Egyptian Administration good advice with a view to preventing abuses
taking place.
Ttushdi Pasha said that this would involve the intervention of the Judicial
Commissioner in every branch of the internal administration of the country.
Adhi Pasha said that on this basis the rule of the Judicial (.ommissioner would
be to supervise. What? Legislation? No! Abuses, then ? This would involve
supervising the whole administration of the country in order to prevent abuses.
Mr. Lindsay said that he must certainly have the right ol going to the Minister
and urging upon him to take steps to check an abuse.. Tt was not contemplated that
the Judicial Commissioner should -himself take executive action, but he must be able
to stimulate the Minister, and, if necessary, to stimulate a subordinate official with the
authority of the Minister behind him.
Jf the Judicial Commissioner saw something about to be done which was* wrong,
‘ [6817] ' H 2