No. 660.
Mr. Beardsley to Mr. Fish
Cairo, July 15, 1875. (Received August 17.)
Sir: In my report (dispatch No. 334) of the organization of the new judicial tribunals at Alexandria on the 28th of June, I failed to mention that the representatives of France took no part in the ceremony, the project of judicial reform having not received as yet the official sanction of the French Assembly.
In my dispatch No. 308, of May 5th, I informed you of the acceptance of the reform by the Italian Parliament, and I gave expression to the hope which was then entertained by the Egyptian government as well as by all true friends of the reform, that the action of Italy might stimulate that of France, and bring about an early acceptance of the reform. Such, however, has not been the case. The committee to whom the question was referred by the Assembly is hostile to the project, and seems determined to prevent its reaching a vote in the Assembly. It is believed the majority in the Assembly is largely in favor of the reform, but the great danger now to be apprehended is the dissolution of the present chamber before any action can be taken.
The discussion of the subject in the committee and by its adversaries, shows a disposition to misrepresent the true judicial situation in Egypt. For example, the committee referred the matter to the court of Aix for its advice and opinion. Now Aix is the court of appeal for all French courts in Egypt, and it has a direct and vital interest in the full maintenance of the present jurisdiction of the French courts in Egypt. The court of Aix pronounced emphatically against the reform, stating that in case the National Assembly rejected it, the condition of Frenchmen in Egypt would practically remain unchanged. In the case of a Frenchman being the defendant, said the court of Aix, the plaintiff must prosecute before the French consul; if he be the plaintiff in a case against a foreigner of another nationality, he would still prosecute before the consul of the defendant; and, if the defendant was a native, he would bring his case before the new mixed tribunals. Now the powers which [Page 1348] have given their adherence to the Reform—and they have all given their adherence but France—have consented to accept for their citizens in Egypt, in all mixed cases, the jurisdiction of the new tribunals, and none other; therefore, a French plaintiff, whether the defendant be a native or a foreigner of a different nationality, will have no other means of obtaining redress than prosecuting before the new tribunals, in which France will have no judicial representative.
Many objections to the reform are urged in the committee, but none of them, so far as I have seen, of a meritorious nature. The chief idea of its adversaries seems so be, not that French interests will be injured, but that French prestige will be dimmed.
The French agent and consul-general is now in France on leave of absence, and his place is filled by M. Pelissier, French consul at Cairo. M. Pelissier, of course, did not participate in the ceremonies on the 28th of June. A few days later, he paid an official visit to the Khedive and protested against the organization of the courts before the final action of France had been taken, basing his protest on the ground that the official sanction of Italy having been waited for, like considerations should have been manifested toward the government of France.
The delay in organizing the courts for judicial labor until October 18th is for the purpose of permitting France to take final action in the matter before the courts commence their functions.
Owing to a long and serious illness, from which he was just recovering, Mr. Barringer, of the court of appeals, was not able to be present at the ceremony. He sailed for Europe on the 5th of this month, where it is hoped he will speedily recover.
The judicial dress adopted for the judges is very simple. It consists of a plain suit of black cloth, the coat single-breasted, buttoning up to the neck, with a narrow standing collar. Over the shoulder and around the body is worn a broad scarf, to which is attached a large and very handsome badge of office. The badge consists of a shield resting upon a drapery, bearing various appropriate devices, from beneath which radiate the rays of a many-pointed star. On the shield is engraved in Arabic “Law is the foundation of justice.” The red fez cap, the national head-dress, is worn on the head. The scarf worn by the judges of appeal is green and the badge of pure gold; of first instance, the scarf is red and the badge of gold and silver combined; and of the bar or parquet the scarf is red and white, and the badge of silver.
I am, &c.,