I have annexed a translation, somewhat free, but preserving accurately
the points of special interest.
I also enclose a translation of the address made at the close of the
first session of the assembly by the president, Ragheb Pacha. This
address is interesting, as it gives a summary of the results of the
deliberations of the assembly.
The Arabic name given to this organization is “Meglis Shora el Nuab,” of
which phrase the exactly literal translation is “advisory assembly of
representatives ;” in brief, the title is “Meglis,” or assembly. Its
convocation has been made the subject of numberless witticisms in the
European newspapers; but I have not observed that any of them have
attempted seriously to criticise either its organization or proceedings,
other than by repeating these two suggestions: First, that its powers
are only advisory, so that it cannot absolutely control the hitherto
unlimited powers of the Pacha; and, second, that it was probably
instituted for the purpose of facilitating the collection of heavier
taxes.
As regards the former objection, it may be met in two ways. In the first
place, the assembly is declared advisory by its very title; so that it
is scarcely fair to complain that it is not different from what is
publicly declared. But, in the second place, in what European scheme of
government are the powers of the legislative assembly made absolute ? As
regards the second objection, history shows the same reason always for
the convening of parliaments by kings; namely, the necessity, of
supplies.
The measure adopted by the assembly, to which most importance is attached
in this regard—namely, the abolition of the ohdé, or farming of the
revenue— illustrates what may be done in such cases in the common
interest of tax-payer and government.
The former system was substantially the following: A few individuals were
held responsible to the Pacha for certain sums, to be collected from
territorial districts. These individuals, in their turn, made others
responsible for the sums
[Page 88]
to be
collected from provinces within their jurisdiction; and these, in their
turn, made others responsible below them, until, in the end, the shiek of every village was responsible for the
tax of the village, and generally collected it from the inhabitants as
best he might—often in an arbitrary manner. This system was one which
has sometimes been commended for its quick and certain results, although
obviously open to waste and injustice. The moneys collected were no
doubt sweated by a handsome percentage at every stage of transfer,
always at the expense of the tax-payer in the last resort, who was
without means of protection against extortion.
Now, all this is to be changed; the taxes are to be paid directly to
government collectors, who are to account for their collections at
headquarters. Should the benefits confidently expected from this change
be fully realized, there will be a considerable increase in the actual
revenue of the State, accompanied by a considerable reduction in the
burdens of the tax-payers; the saving being effected in reducing the
gains, often enormous, of the series of middlemen who formerly stood
between the tax-payer and the public treasury.
This reform certainly appears wise, feasible, and statesmanlike.
I think you will find much in the papers herewith submitted to justify
your interest in the subject expressed in your instruction No. 27, and
you will observe that your remark, that the model here chosen appears to
have been that of the French nation, finds many incidental
confirmations—as, for instance, in the division of the assembly into
bureaus.
If we cannot yet pronounce an opinion of the utility of this institution
as an assured fact, it is certain that we cannot yet, in fairness,
either disparage or ridicule it. In the last rule of the series it is
provided that at the seventh triennial election—that is, after 18
years—the members of the assembly must, in addition to other
qualifications, be able to read and write, and at the 11th election—that
is, after 30 years—the voters themselves must possess this
qualification. When the materials from which to form a parliamentary
government are at present so obviously defective, may not much be hoped
from the intelligence of a monarch who, nevertheless, grapples so boldly
with the inherent difficulties of the position ?
I have the honor to be, sir, very respectfully, your obedient
servant,
[To accompany despatch No. 92.]
Agency and consulate general of the United States of America at
Alexandria, Egypt..
RULES AND ORDERS OF THE ASSEMBLY OF REPRESENTATIVES OF
EGYPT.
[The original Arabic, with a translation.]
INTRODUCTION.
Among the grandeurs of this age, and perpetual benefits granted by
his Highness the Pacha, bearing for our country the most noble
fruits, let us mark the sublime idea conceived by his Highness of
founding an Egyptian assembly of representatives, which will be of
precious utility to the country.
Already the fundamental rules which fix the election of
representatives have been decreed, and also the rules which fix the
limits, functions and proceedings of the said assembly have been
adopted in due form by the privy council convogued under the
presidency of his Highness.
Decree addressed by his Highness the Pacha to his
excellency the president of the assembly of
representatives.
Sir : Already the privy council has been
assembled under my presidency to deliberate on the manner of
electing the members to compose the assembly of representatives
which I
[Page 89]
have decided to
establish and open in our country, and which is under the kind
protection of God, and this has been done in the hope of acquiring
the sublime utilities and the progress which naturally should flow
from such an institution, as well as the developments of the circle
of civilization and prosperity.
The fundamental rules of this institution, after mature deliberation,
have been already decreed.
By the terms of article fifteenth of said rules, it is made necessary
to decree the rules which shall determine the limits, functions and
proceedings of the said assembly of representatives. Accordingly,
after mature deliberation, in my privy council, convogued for the
purpose under my presidency, the rules for the latter purpose have
been established in the manner judged most fitting.
Here are copies of the said rules and statutes, the former series
composed of 18 articles, the second series composed of 61
articles.
You are instructed by these presents to take into consideration these
rules and statutes and to put them in execution, praying God the
All-Powerful not only for the success of this institution but to put
us upon the straightest road for its success.
First series.—Organic rules.
1. The assembly will have for its object to deliberate on the
internal interests of the country, and also on the plans which the
government may wish to submit to it, upon which itwill give its
opinion to be submitted for the approbation of his Highness.
2. Every individual, not less than 25 years, will be eligible as a
member, provided he is honest, loyal and recognized by the
government as born in the country.
3. Prohibits the election of bankrupts or insolvents, individuals
without known means of existence, paupers or those condemned of
infamous crimes or discharged dishonorably from military
service.
4. The electors will be chosen from among those inhabitants not
bankrupt or insolvent, not convicted of infamous crime or discharged
dishonorably from military service, and not at the time in actual
service in the army.
5. Prohibits the election of persons in the service of the
government, such as notables and chiefs of villages, or persons in
the employ of other persons, or who are in the military service,
whether active or reserved; but persons who have honorably quitted
the service, civil or military, of the government, or those whose
time of military service has expired, may be elected if they possess
the other necessary qualifications.
6. The number or members being apportioned to the provinces according
to the population, every district will elect one or two persons
according to the number of its inhabitants; but in Cairo three,
Alexandria two, and Damietta one only.
7. Since already the inhabitants of every village meet to elect the
shieks, (chiefs of village,) the shieks naturally will have the
right to elect in the name of their constituencies, provided they
possess the prescribed qualifications. The shieks will assemble at
the town hall; each will write on a ballot which must be kept secret
and closed the name of the person for whom he thinks fit to vote,
and he will deposit this ballot in the ballot-box of the
district.
8. The counting of the votes, after the shieks have voted, will take
place in the presence of the mondir, (major,) of his wekil,
(deputy,) of the chief of the bureau of controversies, and of the
cadi (judge) of the district. The candidate who has received the
majority of votes will be declared the representative of the
district; in case of a tie, resort will be had to the drawing of
lots in the presence of the candidates; he whom the lot favors will
be declared the representative. In both cases the shieks present
must sign a certificate declaring the result of the election. In the
towns of Cairo, Damietta and Alexandria, the election of
representatives will be decided by the majority of the votes of the
notables of those three towns.
9. The term of a representative expiring at the end of three years,
at the end of that time new elections will be held, according to
articles 7 and 8.
10. The number of the assembly shall not exceed seventy-five.
11. The presence of two-thirds of the members is necessary in order
that the assembly may sit for deliberation. In case any of the
members cannot attend for some serious reason,he must, one month
before the meeting, notify the President; and if the assembly does
not decide the reason sufficient, it will notify the member
accordingly. If the member persists in his absence, another will be
chosen by the constituency, in the same manner as is prescribed for
an original election.
12. The members must attend in person, and cannot in any case attend
by proxy.
13. As soon as the assembly is met, a committee of members will be
appointed which will proceed to verify the elections, and ascertain
that all the conditions have been observed; those ascertained to
have been elected conformably to the conditions will be definitively
recognized; the others will be replaced by new members chosen in the
same constituencies, according to the prescribed rules.
14. After this verification the committee will decide the validity of
the election of each of its own members, and will then make its
report to the president, who will submit it to his Highness, in
order that each representative may receive immediately a personal
decree declaring his quality as representative for three years.
[Page 90]
15. Rules fixing the limits of the powers as well as rules to be
observed in the deliberations will be submitted to the assembly
according to the usage in such cases.
16. The assembly will meet this year 10th of the month Hatour,
(November 18th, 1866,) to sit until the 10th of the month Touba,
(January 17, 1867 ;)* but in following years
the session will open the 15th Kiahk, (December 23,) to finish the
15th Amchir, (February 21.)
17 His Highness the Pacha convokes, prorogues and dissolves the
assembly. In case of dissolution, his Highness will make known the
time for convoking a new assembly, within the term prescribed.
18. The members of the assembly must not in any case receive
petitions.
Second series of rules.
POWERS AND RULES OF THE ASSEMBLY OF
REPRESENTATIVES.
1. The seat of the assembly is at Cairo.
2. The functions of the assembly comprise the consideration of the
internal affairs of the country and such subjects as the government
may think fit to submit to the assembly, according to the first
article of the organic rules. The matters relating to internal
affairs which are to be considered in the assembly must be submitted
by the president of the assembly to the privy council of his
Highness, which will take them into consideration and report thereon
to his Highness.
3. The president and vice-president of the assembly will be appointed
by his Highness.
4. The assembly will be opened by his Highness in person, or by a
commissioner in his behalf. If by his Highness in person, an address
will be made to the assembly by some person appointed by him for
that purpose; if by a commissioner, the address will be made by the
commissioner, agreeably to the orders of his Highness.
5. After the opening of the assembly and the reading of the address,
the, members have a right to make a reply to the address within two
days. This reply, made by courtesy only, must not prematurely
discuss any of the affairs which are to form the subject of the
deliberations of the assembly.
6. If the address is made by his Highness, the response of the
assembly will be presented to his Highness by the president of the
assembly, accompanied by two members of each of the bureaus into
which the assembly is divided. These members will be elected by the
representatives, and will present themselves in uniform.
7. As is prescribed in articles 2, 3, and 5 of the organic rules, the
names and qualifications of the members must be submitted to the
monfatich, (inspector general,) who will make a report thereon to
the president.
8. After the opening of the assembly and the reading of the address,
the members of the assembly will be divided into five bureaus, the
chiefs of which bureaus will be elected by vote of the assembly.
Each bureau will verify the elections of the representatives in the
other bureaus, according to the provisions of article 14 of the
organic rules. When the reports thereon are ready they will be
submitted to the president of the assembly, who will submit them to
his Highness, according to the provisions of article 14 of the
organic rules.
9. After the verification of elections, the president of the assembly
will report to his Highness the names of those members who are found
to be duly qualified and elected, without waiting for the cases that
may be controverted, and the assembly will begin its deliberations
composed of those found to be duly qualified and elected, according
to the provisions of article 11 of the organic rule.
10. The subjects proposed for deliberation will be numbered according
to the direction of the president of the assembly, and a book will
be kept in which all such subjects will be briefly entered, with the
date and number, the course of proceedings, and the disposition made
of such subjects.
11. When any of the high officers of state are sent to assist in the
deliberations of the assembly, they may speak on receiving the
permission of the assembly, without reference to the order
prescribed for members.
12. The assembly may compel the attendance of its members, unless
they have special reasons for absence, and may punish absentees. The
chiefs of the five bureaus into which the assembly is divided must
report every day the names of the members in their several bureaus
attending or not attending.
13. If it happens that the assembly finds itself without the quorum
provided in article 11 of the organic rules, the president must
adjourn the question under discussion to another day, and so always,
until a quorum is assembled.
14. If the assembly itself is without a quorum, nevertheless those
bureaus which are complete, or of which two-thirds of the members
are present, may attend to the business which has been referred to
their bureaus respectively.
15. The president of the assembly will open and close each day’s
session, and at the end of each day’s session he will agree with the
assembly as to the time of the next session, and as to the questions
to be then discussed. He will make a calendar (kimé) of these
questions,
[Page 91]
to be posted on
the walls of the chamber; he will also send a copy of this calendar
to the divan of his Highness. The president must also communicate at
all proper times to the same divan all necessary information of the
proceedings of the assembly.
16. The bills proposed by the government will be read in the assembly
by the person appointed for that purpose by the government.
17. After the reading of the bills mentioned in the preceding
article, they will be printed and distributed among the several
bureaus. Each bureau will elect a committee of five of its members,
by secret ballot, which committee will examine the bills and report
thereon.
18. If any member of the assembly, not being a member of the
committee charged with the consideration of a bill proposed by the
government, desires to express an opinion on such bill, (otherwise
than is provided in article 23 of these rules,) such opinion will be
received by the president of the assembly and referred to the
committee; but no opinions or observations can be received after the
committee has made its report. On the reading of the report in the
assembly, the question will be open for debate, according to the
provisions of articles 20 and 22.
19. Any representative who gives an opinion as provided in the
preceding article, is entitled to be heard by the committee charged
with the consideration of the subject.
20. When the report of the committee is presented, it must be read in
the assembly, printed, and distributed to all the representatives,
twenty-four hours at least before the debate thereon.
21. The debates on the report of the committees will take place at
the times which may be appointed for that purpose, according to the
arrangements made for the order of business in the assembly. The
bill itself will first be read, and afterwards the reports of the
several bureaus to which it may have been referred.
22. The report will be considered first in its several parts, and
then the opinion of the assembly will be taken upon the report or
measure as a whole.
23. If the committee charged with the consideration of a bill
proposed by the government should report the same with amendments,
the president must submit the report to the government before the
reading of the report in the assembly.
24. The questions proposed to be debated in the assembly according to
the calendar arranged as provided in article 15, must be submitted
to the assembly for an opinion whether the subject proposed shall be
considered or not, and the vote of the majority will decide
accordingly whether the subject shall be considered or not.
25. When questions relating to the internal affairs of the country
are proposed for discussion, according to the calendar, the opinion
of the assembly will be taken whether the subject shall be
considered on that day or postponed to another day.*
26. If two or three representatives desire to speak at the same time,
the president will decide by lot which shall speak first, second,
and third.
27. When the assembly is engaged in the discussion of a question, it
is prohibited to discuss other questions.
28. When a representative is speaking on the subject before the
assembly, no other representative shall speak until he has
finished.
29. No representative shall speak more than once on the same subject,
unless to give explanations or to answer questions proposed by
another representative. The members of the committees, however, may
speak as often as they like.
30. No representative may speak without the recognition of the
president, and he must remain in his place while speaking.
31. If the president wishes to speak, the assembly must hear him.
32. The votes on all questions, as in elections, will be taken by
secret ballot, and a majority of those voting will decide the
question.
33. The box will be opened by the secretary, who will count the
votes.
34. No vote can be taken unless a quorum is present, according to
article 11 of the organic rules.
35. The assembly must respect the rights of the minority, and allow
it to be heard in all questions.
36. If less than half the members have voted on any question, the
president must call for the votes of the other members.
37. The president of the assembly has the powers of presiding officer
only; he takes the votes of the representatives, but does not vote
himself, except in case of an equal division. In such cases he may
vote, but not in other cases; and he will not interfere with the
course of debate.
38. When a matter has been finally decided by vote of the assembly, a
fair copy of the measure agreed upon will be made and entered in a
book to be kept for the purpose, to be sealed by the president and
the representatives. A copy will also be made, signed by the
secretary, sealed by the president, and communicated to his
Highness.
39. The attendance of members will be regulated by the president in
concert with them.
40. The representatives must attend the sessions of the assembly in
becoming costume, and their demeanor must be respectful.
[Page 92]
41. No member may absent himself without permission in writing first
obtained from the president; nor can the president grant such
permission without consulting the assembly and obtaining its
authority, except in cases of great urgency, which he must
afterwards report to the assembly.
42. In the minutes made of each day’s session will be noted the names
of the members who take part in debate, and a brief statement of the
opinions expressed by them.
43. The minutes mentioned in the preceding article must be recorded
in a book kept for that purpose. The secretary will read the minutes
for each day’s session in the assembly at the next following day’s
session, and the president will sign the minutes for each day in the
book.
44. Communications from his Highness respecting the convoking,
proroguing, or dissolving the assembly, as mentioned in article 17
of the organic rules, must be read in the assembly as soon as
received, and the assembly will conform to them.
45. The president alone has the right to call members to order for
infraction of the rules.
46. If a member speaks of a matter other than that under
consideration, the president must call him to order, and not allow
different matters to be confused, and the decision of the president
in such cases must not be questioned.
47. When a member is called to order for speaking on another matter
than that under consideration, he will be heard to make his excuses
and will be allowed to proceed in crder, confining himself to the
question under consideration.
48. If a member who has been called twice to order by the president,
asks leave to continue his remarks for the purpose of making
excuses, the president may submit his request to the assembly, and
it will be decided by the majority.
49. If a member who has been twice called to order by the president
persists in continuing his remarks out of order, the president will
submit to the assembly the question whether the member shall
continue, and this will be decided by the majority.
50. If a member has been called to order for speaking out of his
place, or for interrupting another member, he will not be allowed to
speak during that day’s session.
51. The representatives must abstain from unparliamentary language
respecting each other, and from making signs of approbation or
disapprobation.
52. If any member infringes any of the rules of the assembly, he must
be called to order by the president. If he persists, the president
will make note in writing of the calling to order in the minutes of
that day’s proceedings, and if the member still persists in
infringing the rules, he may be excluded from the assembly, by its
vote, at the request of the president; but no such exclusion shall
be for a period longer than five days. The president will notify
such exclusion to the constituency of the representative.
53. While the assembly is in session, no process can be served on any
member for any cause except in cases of murder, in which of course
the member will be expelled, and a new election held to fill the
vacancy, according to article 13 of the organic rules.
54. The representatives are prohibited from printing their speeches,
or any part of the debates of the assembly, without express
authority of the president. In case of infringement of this rule,
the member offending will be punished by the bureau to which he
belongs.
55. If, during the period for which he has been elected, a member
should lose the qualifications prescribed by articles 2, 3, and 5 of
the organic rules, his membership will thereupon cease, and a new
election will be held to fill the vacancy, according to article 13
of the organic rules.
56. While the assembly is in session, no resignation can be accepted
from any of the members; but in the recess between the sessions, at
least thirty days before the opening of the next session, a member
may present his resignation to the president, who will notify the
district to hold a new election according to article 13 of the
organic rules.
57. It is the duty of the president to maintain in proper order the
place, provided for the meetings of the assembly.
58. The president may adjourn the assembly even when a quorum is
present, according to article 11 of the organic rules; but no such
adjournment shall be for a longer period than one day, and the
president must report it to his Highness.
59. The necessary guards for the assembly will be provided by the
government.
60. No person will be allowed admission to the assembly other than
its members, officers, and persons sent by the government for
matters concerning the business before the assembly. This rule will
continue until his Highness shall authorize the admission of such
persons as may hold cards given by the president.*
61. Besides the qualifications prescribed in articles 2, 3, 4, and 5
of the organic rules, persons elected representatives at the seventh
election must be able to read and write, and this qualification will
be added to the others; and at the eleventh election the voters must
be able to read and write, besides the other qualifications
prescribed.
