Mr. Rangabé to Mr. Seward.
Sir: The intention of the Egyptian government, of which I had the honor to entertain you the other day, of substituting in its domains mixed tribunals to the consular jurisdiction, has been brought to the knowledge of the Greek government by the British minister in Athens, the Grecian consul at Alexandria not having been informed of this plan by the government of the Viceroy of Egypt, or invited to give his opinion or [Page 148] co-operate in its execution, although Greece counts by thousands her subjects established and trafficking is Egypt.
The British government seems not to disapprove this project, provided it is sought to obtain practical results, and the new system offers perfect security to the stranger; to which effect it proposes that a preliminary inquiry should be made by a commission composed of the consuls and lawyers of the principal powers, probably those most interested in the matter.
The views of my government, which it is not for the present called upon to communicate to that of the Viceroy of Egypt, having received no invitation to that effect, are, that so important a modification, and one touching so nearly the rights of foreigners in Egypt, seems to be premature, and that too much ignorance, too much fanaticism, and abuses too inveterate, obtained as yet in the indigenious element, for it to be called to exercise high judiciary functions. If the Egyptian government has been forced, as it complains, to pay 72,000,000 of francs for indemnities, this is surely not because of the judicial interference of the foreign consuls, but because of the arbitrary proceedings of its own authorities, which very often give birth to just claims. The Greek government, in expressing this conviction, is perfectly disinterested, as no part of the said indemnities has been paid to Greek subjects. On the other hand, the antipathy the Mohammedans nourish against Christians of all nationalities will make the indigenous members of these mixed tribunals always to pronounce themselves against the opinions of their Christian colleagues when this is favorable to the Christian party, which will accordingly suffer if they are the strongest, while, if they are not, they gain nothing by establishing the mixed tribunals.
Another question is, what language is to be preferred in these tribunals. The Arabic is not understood by the Christains, and there is no reason for one of the European idioms to be favored more than another.
The most practical course to adopt seems, then, to be that the Egyptian government should commence by correcting its code and judiciary procedure by forming or choosing enlightened and honest lawyers, and composing thereof its tribunals; then, but then only, when the Christian powers see these tribunals working in a way to offer guarantees for the respect of justice, they will consent to abandon the consular tribunals, which they had been forced to establish because of the moral and governmental condition of these countries.
Such is the opinion that the government of his Majesty the King of the Hellenes feels it its duty to express upon this subject, in the interest of the Christians established and trafficking in Egypt, although it would be the first to rejoice in any change that would tend to ameliorate the distribution of justice in that country, and would willingly co-operate, with all its might, to that effect, were it called upon to do so.
Believe me, sir, with high consideration, respectfully,
Hon. William H. Seward, Secretary of State.