Mr. Seward to Mr. Adams
Sir: With a note of the 9th of November last, Mr. Ford, her Britannic Majesty’s chargé d’àffaires here, by order of his government, communicated to this department a copy of an instruction of Lord Stanley of the 22d of October to the British agent and consul general in Egypt, marked confidential, on the subject of certain reforms, which the viceroy of that country was said to be desirous of introducing into the Egyptian judicial system. This department has since consulted Mr. Hale, the agent and consul general of the United States at Alexandria, on the subject. Mr. Hale has made a full and luminous report in regard to it. His conclusions are, that in the first instance, at least, it would be preferable for foreign governments to limit their advice to that of Egypt, to the establishment by the latter, at once, and without further consultation with other governments, of a tribunal of five judges, two or three of whom should be able and learned Franks of unimpeachable integrity, with assured salaries for at least a term of years. The jurisdiction of this tribunal should be limited to suits brought by Franks against the Egyptian government, or its native subjects. That government may request the consulates to give the same assistance to the tribunal in requiring the attendance of witnesses and other incidental proceedings as is now bestowed in comity by one consulate upon another. When the decisions of the tribunal shall be in favor of the plaintiff, they should be promptly and fully carried into effect by the Egyptian government. Mr. Hale expresses an opinion that if this should be fairly done, the tribunal would at once become among Franks the most popular institution in Egypt. He further suggests that the same tribunal might also hear cases in which subjects of different nationalities were parties, whenever the parties should agree, in advance, to accept its jurisdiction. He also suggests that the Egyptian government request the Christian powers to instruct their consuls to give prompt and full execution to the decision of the tribunal against any of their respective subjects resident in Egypt, in those cases where the parties had accepted the jurisdiction before the case was heard.
It is desirable to know the views of her Majesty’s government upon these recommendations and suggestions of Mr. Hale. To that end you are authorized to leave a copy of this instruction with her Majesty’s principal secretary for foreign affairs.
I am, sir, your obedient servant,
Charles Francis Adams, Esq., &c., &c., &c.