Sir, Inclosure in No. 47. Mr. Frelinghuysen to Mr. West. Department of State, Washington, October 23, 1883. I HAVE the honour to acknowledge the receipt of your note of the 4th instant in relation to the note and Memorandum in which the Egyptian Government proposes to extend the jurisdiction of the Mixed Courts to criminal matters. You state that Her Majesty's Government has carefully considered the proposal, and is of the opinion that the system should be tried for a probationary period, and after due examination of the codes of law and procedure which it is proposed to apply in criminal cases, and which may require modification on certain points. In reply, I have the honour to inform you that this Government cannot agree to hand over criminal jurisdiction to the Mixed Courts at once. The Powers conferred by statute on the President to recognize the jurisdiction of the Mixed Tribunals having been availed of by his Proclamation, a distinct international agreement, revising and extending the powers of the Mixed Courts, the same to be specifically accepted by the President by due Proclamation, would seem to be the proper course so far as this Government is concerned. The President, therefore, favours relegating the question of criminal jurisdiction in all its stages to the Commission of Revision when it shall meet. I have, &c. (Signed) F. T. FRELINGHUYSEN No. 48. My Lord, Sir E. Baring to Earl Granville.-(Received November 14.) Cairo, November 6, 1883. ON the 23rd ultimo I addressed your Lordship on the subject of the extension of the period during which the Mixed Tribunals were to continue in force. Since then M. Giaccone, the President of the Court of Appeal, has urged on the Egyptian Government the desirability of obtaining, without delay, the assent of the Powers to an immediate prolongation of the Tribunals for a period of five years. M. Giaccone urges that European creditors, hearing the abolition of the Tribunals at no distant date, are pressing their native debtors with great vigour. The figures which M. Giaccone adduces in support of this statement are as follows: From the 15th October, 1880, to the 15th October, 1882-a period of two years4,985 suits against natives were filed. From the 15th October, 1882, to the 15th October, 1883, no less than 7,022 suits were filed. During the last year, therefore, the number of suits filed was 2,037 in excess of the number filed during the two preceding years. By far the greater portion of these suits are for the recovery of debt. During the two years from the 15th October, 1880, to the 15th October, 1882, the number of sales in execution of a Decree were 279. During the year terminating the 15th October, 1883, the number of sales in execution of a Decree were 452. The number of sales during the last year was, therefore, 173 in excess of the number during the two preceding years. According to the last Returns 292 sales of personal, and 502 sales of real, property are at present in course of execution. These figures are certainly very remarkable. I think it is exceedingly probable, as is alleged by M. Giaccone and others, that the uncertainty which hangs over the future of the Tribunals has something to do with the rapidly increasing number of suits brought for the recovery of debt by Europeans against natives. The economic consequences which would result if all the European creditors were at once to foreclose are so serious, that I thought it my duty to bring the matter to your Lordship's notice and to suggest the prolongation of the Tribunals for a period of three years. At the same time I do not think that the increase in the number of suits, and consequently in the number of sales, is to be traced solely to the cause adduced by M. Giaccone. The fears entertained by the European community of the results which are likely to ensue when the British troops are withdrawn from Egypt constitute another and, I conceive, a more important inducement to the creditor to press his debtor at this moment. Further, unless I am much mistaken, it is only during the last year or two that the full consequences of the establishment of the Mixed Tribunals, and the action of Western law on an ignorant population endowed with perfect liberty of contract, have begun to be felt. During the first few years after the establishment of those Tribunals money was being lent. Large debts have accumulated, and we have now entered the period when the creditor is demanding repayment. Although, therefore, the uncertainty which prevails in respect to the future of the Tribunals may be, and, I think, is one of the reasons which have led to the rush of European creditors to the Law Courts, it is not the only, nor is it, in my opinion, the most important cause to which this circumstance may be traced. None the less, any measure which would tend to allay the quasi panic which has set in amongst the European creditors is to be commended, and it is mainly on this account that I urged on your Lordship the desirability of extending the period of the Mixed Tribunals for another three years. I have, &c. Sir E. Baring to Earl Granville.-(Received November 17, 12:30 P.M.) Cairo, November 17, 1883, noon. (Telegraphic.) I am more than ever convinced that it would be desirable to prolong Tribunals for at least three, if not for five, years. If I could let it be known at once that the English Government would consent to such a prolongation, it would produce a very good effect here. No. 50. Earl Granville to Sir E. Baring. Foreign Office, November 20, 1883. Sir, HER Majesty's Government are prepared to consent to the prolongation of the Tribunals for a further period of five years on the same conditions as on the occasion of former prolongations, viz., subject to the immediate application of such reforms in the present system as may, in the meantime, be agreed upon by the Powers. Her Majesty's Government consent to this measure, in full reliance that the Egyptian Government will do their utmost to expedite the establishment and opening of the Native Tribunals. No. 51. I am, &c. (Signed) GRANVILLE. Sir E. Baring to Earl Granville.-(Received November 23, 11 P.M.) (Telegraphic.) Cairo, November 23, 1883, 7.35 P.M. EGYPTIAN Government is about to address a Circular to the Powers asking for prolongation of Mixed Tribunals for five years. 'My Lord, No. 52. Sir H. Barron to Earl Granville.-(Received November 26.) Brussels, November 21, 1883. IN obedience to the instruction conveyed in your despatch of the 22nd September, I have communicated to the Belgian Government the views of Her Majesty's Government on the proposal to extend the jurisdiction of the Egyptian Mixed Courts to criminal matters. M. Frère-Orban has simply acknowledged the receipt of my note, without expressing any opinion on the point at issue. I have, &c. Earl Granville to Her Majesty's Representatives at Paris, Rome, Berlin, Vienna, Brussels, The Hague, Stockholm, Copenhagen, Madrid, Lisbon, Athens, and Washington. Sir, Foreign Office, November 29, 1883. HER Majesty's Agent and Consul-General in Egypt informs me that the Egyptian Government is about to address a Circular to the Powers parties to the system of Mixed Tribunals in Egypt proposing the prolongation of those Tribunals for a further period of five years. I have to instruct you to inform the Government to which you are accredited that Her Majesty's Government are ready to assent to the proposal on the same condition as on the occasion of the last prolongation of the Tribunals, viz., subject to the immediate application of such reforms as the Powers may in the meantime agree upon. Her Majesty's Government have informed the Egyptian Government that they consent to this measure in the full reliance that the establishment and opening of the Native Tribunals will be vigorously pushed on. I am, &c. My Lord, Viscount Lyons to Earl Granville.-(Received December 5.) Paris, December 4, 1883. I HAVE the honour to inform your Lordship that I have this day addressed a note to the French Government, in the terms of your Lordship's despatch of the 29th ultimo, relative to the prolongation of the Mixed Tribunals in Egypt. No. 55. I have, &c. My Lord, Sir E. Baring to Earl Granville.-(Received December 7.) Cairo, November 24, 1883. I HAVE the honour to inclose herewith copy of a note which I have received from Chérif Pasha in answer to the note which I addressed to his Excellency in accordance with the terms of your Lordship's telegram of the 20th instant, conveying the great satisfaction of His Highness' Government at the assent of Her Majesty's Government to the prolongation of the Mixed Courts for five years. I have, &c. (Signed) E. BARING: M. le Ministre, Inclosure in No. 55. Chérif Pasha to Sir E. Baring. Caire, le 24 Novembre, 1883. J'AI reçu la dépêche que vous m'avez fait l'honneur de m'adresser le 21 de ce mois, pour m'annoncer que le Gouvernement de Sa Majesté donnait son assentiment à une prolongation de cinq années des Tribunaux de la Réforme. Cette communication, M. le Ministre, a été accueillie par le Gouvernement de Son Altesse avec une vive satisfaction, car, indépendamment de l'impression favorable qu'elle ne manquera pas de produire sur le monde des affaires, elle est de nature à faciliter les négociations que nous avons entreprises afin d'étendre la compétence de ces Tribunaux en matière correctionnelle. Quant à la confiance qu'au nom du Gouvernement de Sa Majesté vous voulez bien m'exprimer relativement à la prompte installation des Tribunaux Indigènes, vous pouvez être persuadé, M. le Ministre, que le Gouvernement de Son Altesse ne négligera rien pour atteindre ce résultat. Je ne clorai pas cette dépêche sans vous adresser, à vous personnellement, M. le Ministre, mes remerciments pour le concours efficace que vous m'avez prêté à l'effet d'obtenir cette prorogation quinquennale, et je suis heureux de saisir cette nouvelle occasion de vous renouveler, &c. M. le Ministre, Le Ministre des Affaires Étrangères, (Translation.) (Signé) CHÉRIF. Cairo, November 24, 1883. I HAVE received the despatch you did me the honour to address to me on the 21st of this month, informing me that Her Majesty's Government agreed to the prolongation for five years of the Tribunals of Reform. This communication was received by His Highness' Government with much satisfaction, for, independently of the favourable impression it cannot fail to make on the commercial world, it is of such a character as will assist the negotiations we are engaged in for the extension of the jurisdiction of these Tribunals to criminal matters. As to the confidence you are good enough to express in the name of Her Majesty's Government with regard to the prompt establishment of the Native Tribunals, you may rest assured, M. le Ministre, that His Highness' Government will neglect no means to attain that object. I cannot conclude without expressing to you personally, M. le Ministre, my thanks for the effectual assistance you have afforded me in obtaining this prolonga tion for five years, and I take this opportunity, &c. The Minister for Foreign Affairs, CHÉRIF. No. 56. My Lord, Mr. Fraser to Earl Granville.-(Received December 7.) Rome, Decen ber 4, 1883. I HAVE the honour to acknowlege the receipt, this morning, of your Lordship's despatch of the 29th November, and to state that I have made the desired communication to this Government upon the prolongation of the Egyptian Mixed Tribunals. My Lord, I have, &c. (Signed) HUGH FRASER. No. 57. Earl Granville to Viscount Lyons. Foreign Office, December 11, 1883. THE French Ambassador spoke to me this afternoon of the proposed prolongation of the Mixed International Courts in Egypt. He said that the term of five years, to which Her Majesty's Government had expressed themselves willing to agree, seemed to his Government to be too short, and that they would have been in favour of a longer term. I told his Excellency that we had at first demurred to an extension for a further term of years, in the hope that important amendments in the system might be secured before it was definitely prolonged, but that, on reconsideration, we had thought it better to agree at once to that which was desired by the Egyptian Government and by other Powers also, and we had thought that, under the circumstances, five was a sufficient term, and preferable to a longer period. years I promised, however, to look into the matter again, and to communicate further with his Excellency on the subject. No. 58. I am, &c. My Lord, Sir E. Baring to Earl Granville.--(Received December 13) Cairo, November 28, 1883. I HAVE the honour to inclose copy of the Circular addressed by the Egyptian Government to the Foreign Consuls-General, proposing the extension of the duration of the Mixed Courts for five years from the 1st February next. This Circular has not been addressed to me because I have already signified to the Egyptian Government the assent of Her Majesty's Government to their proposals, in pursuance of the instructions contained in your Lordship's telegram of the 20th instant, Extract from the "Moniteur Egyptien" of November 27, 1883. M. le Consul-Général, Le Caire, le 26 Novembre, 1883. LE 1er Novembre, 1882, et en prévision de l'expiration des pouvoirs des Tribunaux Mixtes, le 1er Février suivant, j'ai eu l'honneur d'adresser une Circulaire à votre Agence et Consulat-Général, à l'effet d'obtenir du Gouvernement de l'existence de cette institution pût être prorogée pour une période de cinq années. que Quelques-unes des Puissances n'ayant pas cru pouvoir adhérer à cette proposition, j'ai dû, par une Circulaire du 2 Janvier dernier, faire appel à votre obligeante intervention afin que cette prolongation fut limitée à une année, soit jusqu'au 31 Janvier, 1884. L'approche de ce terme rend aujourd'hui nécessaire pour le Gouvernement de Son Altesse de demander aux Puissances qui ont pris part à l'établissement des Tribunaux de la Réforme de vouloir bien consentir à une nouvelle prorogation. Mais, frappé des inconvénients qui résultent de la brièveté des délais accordés jusqu'à ce jour, et, pour remédier à une situation préjudiciable à divers points de vue, le Gouvernement de Son Altesse serait désireux de voir l'existence des Tribunaux de la Réforme assuré pour une période de cinq ans, commençant le 1er Février, 1884, et se terminant le 1 Février, 1889. Il s'empressera, d'ailleurs, dès que les circonstances le permettront, de saisir les Puissances des modifications que l'expérience acquise indique comme pouvant être avantageusement apportées aux Codes et au Règlement d'Organisation Judiciaire. En soumettant à votre Gouvernement cette proposition du Gouvernement de Son Altesse, j'ose espérer, M. le Consul-Général, que vous voudrez bien l'appuyer, car je suis persuadé que vous êtes non moins convaincu que moi de l'importance qu'il y a d'assurer une stablité suffisante à une institution si intimement liée au développement du toutes les transactions entre indigènes et étrangers. Je vous serai reconnaissant, M. le Consul-Général, de vouloir bien, dès qu'il vous sera possible, me faire connaître le résultat de votre intervention, et je saisis, &c. Le Ministre des Affaires Étrangères, CHERIF. (Signé) |