No. 644.
Mr. Farman to Mr. Evarts.
Cairo, Egypt, June 17, 1880. (Received July 10.)
Sir: I have the honor to inclose herewith a copy of a circular dated the 30th ultimo, which I have received from His Excellency Mustapha Pasha Fehmi, minister of foreign affairs. It relates to the question of the continuance for another period of five years of the tribunals of the reform.
His excellency says that the Government of His Highness the Khedive desires such continuance, but that experience has demonstrated that certain modifications both of the “Règlement d’organisation judiciaire” and of the provisions of the codes are necessary. He therefore begs of each of the agents and consuls-general to ask of their respective governments the necessary authority to take part in a commission that it is proposed to have instituted at Cairo under the presidency of the minister of justice to elaborate such modifications as are mutually considered necessary.
Each commissioner is to have the right to be aided by a delegate or assistant commissioner having the right of discussion but not of voting.
A meeting of the consuls-general was held at Cairo on the 5th instant, to consider the proposition contained in this circular. Twelve powers were represented: France, England, Germany, Austria, Italy, Russia, the United States, Spain, Greece, Holland, Denmark, Sweden and Norway.
The consuls-general were of the unanimous opinion that in the interest of all parties concerned the tribunals of the reform ought to be continued, but that certain modifications in the codes and the “règlement d’organisation judiciaire” were absolutely necessary. It was also their unanimous opinion that the work of a commission, should one be formed, could not commence before the 1st of November next, as nearly all the consuls-general, as well as the judges, certain of whom would [Page 1014] probably be added to the commission as delegates, were about to depart on leave of absence, and that even if they remained no serious labor could be performed between the 1st day of July and the 1st day of November.
They were also mostly of the opinion that the revision of the codes would be too great a work to be completed and accepted by the powers as soon as the 1st day of February next, at which time the period of five years for which the courts were instituted would expire; and, as the conditions of the treaties with most of the European governments were such that the powers of the courts would cease at that time unless continued by mutual consent, it was thought that it might be necessary to ask such continuance under the present codes for a period of not exceeding one year.
After a full discussion the conclusions of the meeting were reduced to writing. The translation of this writing reads as follows:
The members of the reunion mutually agree to solicit of their respective governments powers in conformity with the propositions of the Egyptian Government, and instructions authorizing them—
- 1st.
- Not to constitute themselves into a commission before the 1st of November next.
- 2d.
- To decide in one of their first sessions that in case their labors cannot be terminated within the necessary time, the règlement d’organisation judiciaire, now in force, and the codes known as the codes of the reform, shall be continued for the period of one year.
No action on the part of the United States relating to the continuance of the courts is necessary.
The President is authorized at any time to terminate, so far as relates to our citizens, the jurisdiction of the tribunals of the reform, but until this is done such jurisdiction will continue.
The President will have a right to designate new judges to act in the tribunals on the part of the United States, if he desires. In a conversation lately had with the minister of justice upon this subject, his excellency stated that there could be no doubt of the right of a government to designate new judges if it desired, and that such designation would be respected.
In case the Department has any intention of making any change in the personnel of the judges, it would perhaps be well to have a definite understanding with the Government of His Highness on the subject, and such change should be made to take effect on the 1st day of February; otherwise there might be, in case of a judge holding over, an implied contract that would compel the Egyptian Government to pay his salary for a certain period.
The judges generally made contracts on their arrival in Egypt to serve for a period of five years. This period has in most instances already expired. Some of the judges were here for nearly a year before the opening of the courts. All, with two or three exceptions, have consented to remain until the 1st of February next, and they will probably be willing to remain as long as their services are required.
I would recommend the Hon. George S. Batcheller, judge in the tribunal of first instance at Cairo, as a proper person to be associated with the consul-general of the United States as assistant commissioner, in accordance with the proposition of the Government of the Khedive, and I ask the Department to appoint him to that position or to authorize the agent and consul-general at Cairo to do so. The judge is willing to accept such appointment.
This dispatch was commenced immediately after the meeting of the [Page 1015] consuls-general, but I was compelled to go to Alexandria before it was finished and could not return until yesterday.
I have, &c.,