(Translation.)

M. le Consul-Général,

Cairo, November 26, 1883.

ON the 1st November, 1882, and in anticipation of the expiration of the powers of the Mixed Tribunals on the 1st of the ensuing February, I had the honour to address a Circular to your Agency and Consulate-General, for the purpose of obtaining from the Government of the prolongation of the existence of this institution for a period of five years.

Several of the Powers not having thought fit to give in their adhesion to the proposal, it became necessary for me, in a Circular dated the 2nd January last, to appeal to your obliging intervention, in order to procure the limitation of this prolongation to a period of one year, that is to say, till the 31st January, 1884.

The approach of this period now renders it necessary for His Highness' Government to request the Powers who took part in the establishment of the Tribunals of the Reform to be so good as to agree to a further prolongation. Struck, however, with the inconveniences which have resulted from the shortness of the prolongations hitherto accorded, and in order to remedy a situation which is unsatisfactory from various points of view, His Highness' Government would be glad to see the existence of the Tribunals of the Reform assured for a period of five years, from the 1st February, 1884, to the 1st February, 1889. They will not fail, moreover, as soon as circumstances allow of their so doing, to inform the Powers of the modifications which experience gained may suggest as capable of being advantageously introduced into the Codes and the "Règlement d'Organisation Judiciaire."

In laying before your Government this proposal from His Highness' Government, I venture to hope that you will be good enough to give it your support, for I feel sure you are quite as convinced as I am of the importance of giving the necessary stability to an institution so intimately connected with the development of all transactions between natives and foreigners.

I shall be much obliged to you, M. le Consul-Général, if you would be good enough, as soon as it is possible, to inform me of the result of your intervention. The Minister for Foreign Affairs, (Signed)

CHERIF.

No. 59.

Mr. Fraser to Earl Granville.-(Received December 13.)

My Lord, Rome, December 8, 1883. YOUR Lordship's despatch of the 29th November, which I had the honour to receive on the 4th instant, directed me to inform the Italian Government that Her Majesty's Government were ready to assent to the prolongation of the system of Mixed Tribunals in Egypt for a further period of five years, on condition of the immediate application of such reforms as the Powers may in the meantime agree

upon.

I did not fail to make this communication duly to Signor Mancini, and I have now the honour to transmit to your Lordship the translation of a note in reply received this morning from his Excellency.

The Italian Agent and Consul-General in Egypt was yesterday instructed to agree to the desired prolongation, under the condition stated in your Lordship's despatch.

I have, &c.

IN your note of the 4th instant, by instructions from your Government, you did me the honour to inform me that the Egyptian Government were about to request from the Powers a new prolongation of the Mixed Tribunals for a period of five years,

and that Her Majesty's Government were prepared to adhere to this proposal, under the condition that those reforms on which the Powers might agree during that period should be immediately applied.

I have the honour to thank you for this important communication, and in my turn I have the honour to inform you that, as far back as the 28th November last, His Italian Majesty's Agent in Cairo informed me by telegraph that Chérif Pasha had addressed a Circular to the foreign Agents accredited to the Egyptian Government, in which he requested the adhesion of their respective Governments to the abovementioned prolongation.

His Italian Majesty's Government coincide with the British Government in their opinion on this subject, and I am happy to add that a despatch has been written to-day to His Italian Majesty's Agent in Cairo, instructing him to announce to Chérif Pasha that we adhere to the desired prolongation, under the condition that the reforms which, after agreement among the Powers, may be demanded during the five years shall be applied immediately, and saving the approval of Parliament as far as regards ourselves.

I avail, &c.

My Lord,

No. 60.

Mr. Stuart to Earl Granville.-(Received December 13.)

The Hague, December 11, 18-3. I ADDRESSED a note to M. van der Does de Willebois on the 2nd instant, in the terms of your Lordship's despatch of the 29th ultimo, relative to the intended proposal of the Egyptian Government, for the prolongation of the Mixed Tribunals in Egypt for a further period of five years; and I received this afternoon an answer from his Excellency, of which I have the honour to inclose a copy herewith, stating that as soon as the Netherlands Government shall have been made acquainted by the Egyptian Government with the proposal in question, and shall have come to a decision with respect to it, he will not fail to inform me of such decision.

I have, &c.

M. le Ministre, La Haye, le 11 Décembre, 1883. J'AI l'honneur de vous accuser réception de votre office du 2 de ce mois, par lequel vous avez bien voulu m'informer de la décision prise par le Gouvernement de Sa Majesté Britannique relativement à la proposition de celui du Vice-Roi d'Égypte de prolonger, derechef, pour cinq ans, la durée des Tribunaux Mixtes dans ce pays.

Aussitôt que le Gouvernement du Roi aura été saisi de cette même proposition, de la part de celui du Khédive, et qu'une décision aura été prise à cet égard, je ne manquerai pas, M. le Ministre, de vous en donner connaissance, et je saisis, &c. VAN DER DOES DE WILLEBOIS.

(Signé)

(Translation.)

M. le Ministre,

The Hague, December 11, 1883.

I HAVE the honour to acknowledge the receipt of your letter of the 2nd instant, in which you are good enough to inform me of the decision arrived at by Her Britannic Majesty's Government with reference to the proposal made by that of the Viceroy of Egypt, that the duration of the Mixed Tribunals in that country should be prolonged for five years from now.

As soon as the Government of the King has been informed of this proposal on the part of that of the Viceroy, and as soon as a decision has been taken on the matter, I shall not fail to inform you.

Sir,

No. 61.

Earl Granville to Sir E. Baring.

Foreign Office, December 18, 1883. THE organization of the Native Tribunals in Egypt being nearly completed, Her Majesty's Government consider that the time has arrived for resuming the consideration of the reforms which are called for in the constitution and jurisdiction of the Mixed Tribunals, as well as in their procedure and in the laws which they administer. The proposal of the Egyptian Government to extend the criminal jurisdiction of those Tribunals is one which particularly commends itself to Her Majesty's Government, and which has in principle met with the approval of most of the Powers interested. The objection which was raised by some of them to dealing with the question at present on the ground of the uncertain duration of the Mixed Tribunals has no longer any force now that their immediate prolongation is contemplated for a period of five years.

The International Commission which assembled in the winter of 1880-81 for the consideration of the amendments to be introduced in the Règlement Organique and the Codes were unable to proceed very far with their work. Its labours were suspended in November 1881 at the request of the Egyptian Government, and their resumption has been deferred pending the re-establishment of order in Egypt and the organization of the Native Tribunals. In the meanwhile, Her Majesty's Government have had occasion to consider whether a less complicated machinery might not be devised for securing the assent of foreign Governments to the reforms required in the constitution and powers of the Courts. There are reasons, however, which seem to render it inexpedient at the present juncture to substitute a new Commission in the place of the existing one, and one of the most important considerations is that such a proposal would entail a correspondence which might seriously retard the progress of reform.

The Commission has done some valuable work. The 1st Chapter of the Egyptian Project has been revised. The 2nd Chapter has been reported on by the SubCommission to which it was referred, and it was ready for examination by the full Commission at the time when it dispersed. The 3rd Chapter contains the Articles which deal with the pressing question of criminal jurisdiction. On the whole, therefore, Her Majesty's Government have come to the conclusion that it would be desirable that the Egyptian Government should now invite the International Commission to resume its labours, and to consider as early as possible the proposal to confer on the Mixed Tribunals a more extensive criminal jurisdiction than they now possess, and also the extent to which it might be increased at a later period.

On this subject I would refer you to the Earl of Dufferin's observations in his General Report of the 6th February last as to the propriety of giving criminal jurisdiction to the International Tribunals, and to the Egyptian Circular transmitted to me by Sir E. Malet in his despatch of the 2nd July last.*

Another reform of equal importance and urgency is the amendment of the law relating to the "Hypothèque Judiciaire," and the execution of Judgments by the sale of land and the foreclosure of mortgages of realty.

Lord Dufferin, in his General Report, calls attention to the indebtedness of the fellaheen and to its causes, and he attributes in a great measure its increase of late years to the facilities afforded by the Mixed Tribunals for selling up the encumbered land-owner.

The question of judicial sales of land is dealt with by the British Commission in their Report (paragraph 140, p. 58), and they suggest several remedies well worthy of consideration. Her Majesty's Government would learn with satisfaction that the Egyptian Government were disposed to invite the International Commission to resume its labours, and, on its reassembling, to depart for a while from the precise order of its proceedings for the purpose of considering at once the two subjects above referred to, with a view to the early introduction and application of such remedies and reforms in connection therewith as will, in its opinion, best conduce to the good order and prosperity of the country.

I have to instruct you to communicate immediately with the Egyptian Government on the subject of this despatch, and to inform me whether they concur in the . steps recommended by Her Majesty's Government.

...I am, &c.

(Signed)

GRANVILLE.

444

My Lord,

No. 62.

Earl Granville to Viscount Lyons.

Foreign Office, December 19, 1883.

I MADE to-day a further communication to the French Ambassador, in continuation of my conversation with his Excellency of the 11th instant, and recorded in my despatch to your Excellency of that date, with reference to the proposal of the French Government that the duration of the Mixed Tribunals in Egypt should be extended beyond the period of five years named by the Egyptian Government.

I reminded his Excellency that the Tribunals were originally established for a period of five years, which ended on the 31st January, 1881, and that they had since that time been prolonged from year to year only.

Article 40 of the Règlement Organique provided that no change should take place in the system adopted during the five years, and that at the expiration of that period the Powers would be free either to return to the old order of things or to devise other combinations in concert with the Egyptian Government. The French Government were at that time unwilling to commit themselves absolutely even to so long a period as five years, and reserved their rights to recur at any moment to the old order of things.

Important reforms had, however, been found to be necessary, and Her Majesty's Government had hitherto considered that it would be wiser to prolong the Tribunals year by year until those reforms had been agreed upon, and then to fix a new term of years for the duration of the Tribunals under the new system.

The Egyptian Government had, however, pressed that the term might be at once extended for five years, and to this we had consented, on condition that any reforms which might be agreed upon should be applied without delay.

No Power, as far as I knew, had hitherto suggested a renewal for more than five years. That, I said, was the term mentioned in the Circular issued by the Egyptian Government, and several of the Governments which require legislative sanction in order to give their consent had, I believed, obtained power to prolong the system for a period not exceeding five years.

I assured M. Waddington that I was anxious to adopt any suggestion of the French Government on the subject, but I said that, after careful consideration, it seemed too late now (even if it were desirable, which Her Majesty's Government were inclined to doubt) to propose a longer term, and that, pending the deliberations of the International Commission which was examining the question of the reforms to be introduced, a prolongation for a term of five years appeared sufficient to meet the requirements of the case.

I am, &c.

My Lord,

Sir R. Morier to Earl Granville.-(Received December 22.)

Madrid, December 16, 1883. WITH reference to your Lordship's despatch of the 29th ultimo, the substance of which I lost no time in communicating to the Spanish Government, I have now the honour to transmit to your Lordship herewith a translation of a note which I have received from the Minister of State, informing me that the Spanish Consul-General at Cairo has been instructed to notify to the Egyptian Government the concurrence of Spain with the proposed prolongation of the Mixed Tribunals in the event of analogous instructions being received by the Representatives of other Powers in Egypt.

I have, &c. (Signed)

R. B. D. MORIER.

(Translation.) Excellency,

Inclosure in No. 63.

Señor Ruiz Gomez to Sir R. Morier.

Palace, December 10, 1883. I HAVE received your Excellency's note of the 5th instant, in which you inform me that the Government of Her Britannic Majesty is prepared to agree to the proposal for prolonging for five years from the 1st February, 1884, the duration of the institution of the Mixed Courts which have been established in Egypt without prejudice to the introduction of such modifications therein as may be deemed

necessary.

The Spanish Consul-General in Cairo has recently informed me of the proposal made to him in the above sense by the Khedive's Minister for Foreign Affairs, and in view of this fact I have authorized him to notify the adhesion of His Majesty's Government to the prolongation in question, provided always that the Representatives in Egypt of the remaining Powers shall have received from their respective Governments instructions of a similar character.

In informing your Excellency of the above, in reply to your note on the subject, I have, &c.

(Signed)

SERVANDO RUIZ GOMEZ.

No. 64.

My Lord,

Mr. Napier to Earl Granville.-(Received December 24.)

Brussels, December 18, 1883. WITH reference to your Lordship's despatch of the 20th ultimo, instructing Sir H. Barron to inform the Belgian Government that Her Majesty's Government are ready to assent to the proposal of the Egyptian Government for the prolongation for a further period of five years of the Mixed Tribunals in Egypt, I have the honour to transmit herewith to your Lordship copy of a note which I have received from M. Frère-Orban, informing me that his Excellency has instructed the Belgian Representative at Cairo to notify to Chérif Pasha the adhesion of the King's Government to the proposal in question.

I have, &c.

M. le Chargé d'Affaires,

Inclosure in No. 64.

M. Frère-Orban to Mr. Napier.

Bruxelles, le 17 Décembre, 1883. PAR lettre du 3 de ce mois, Sir Henry Barron m'a informé, d'ordre de Lord Granville, que le Gouvernement de Sa Majesté Britannique est disposé à accéder à la proposition du Gouvernement Egyptien de proroger les Tribunaux Mixtes pour une période de cinq années, à la condition que les réformes admises le cas échéant par les Puissances fussent immédiatement appliquées.

J'ai l'honneur de vous faire savoir que je viens de charger le Représentant du Roi au Caire de notifier l'adhésion du Gouvernement de Sa Majesté à son Excellence Chérif Pacha.

Il est d'ailleurs bien entendu que nous nous réservons d'examiner les modifications qui pourraient être proposées au système actuel pendant le cours de la nouvelle période quinquennale.

M. le Chargé d'Affaires,

Agréez, &c.

(Signé)

(Translation.)

FRÈRE-ORBAN.

Brussels, December 17, 1883.

ON the 3rd instant Sir H. Barron informed me by letter, by direction of Lord Granville, that Her Britannic Majesty's Government is disposed to agree to the proposal made by the Egyptian Government for the prolongation of the Mixed Tribunals for a period of five years, on condition of the immediate adoption of any reforms which may be agreed upon by the Powers in the meantime.