Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1877

No. 344.
Mr. Farman to Mr. Fish.

Agency and Consular-General of the United States in Egypt,
Cairo, November 27, 1876. (Received December 26.)

No. 77.]

Sir: I have the honor to transmit herewith a copy of a dispatch received from his excellency Chérif Pasha, dated November 5, 1876, and its translation.

This dispatch relates to the proposition of the government of His Highness the Khédive heretofore communicated to you, to increase the number of judges in the new tribunals of Egypt.

His excellency calls my attention to the fact of the necessity of this increase becoming more and more urgent, and expresses a hope that the Government of the United States will sanction the project, and that an answer will be given as soon as possible.

I am informed that Italy, France, and Austria-Hungary have already given formal written answers accepting the proposed plan for increasing the number of judges, and that other powers have verbally, through their consuls, given similar answers.

Italy and Austria-Hungary gave their assent to the entire plan. France desired the privilege of nominating a substitute in the place of the one to be promoted to judge, but did not, as I am informed, make this nomination a condition of acceptance.

By a decree of His Highness the Khédive, of the 25th instant, Mr. Karizinis Antoine, the Austro Hungarian substitute, was promoted to judge of the tribunal of premiere instance of Cairo, and Barnardi Pierre, Italian substitute, to judge of the tribunal of premiere instance of Ismaïlia.

It would seem from this decree that the Khédive had already commenced to put in operation his proposed plan. I have heard no objection made to it from any source, and the imperative necessity of increasing the number of judges is universally admitted.

There is no institution that promises to be more advantageous than the new tribunals. Their efficiency and general usefulness is admitted by all classes, and their beneficial influence cannot but be one of the principal factors in promoting the advancing civilization of Egypt.

There are still some difficulties to be averted. No arrangement has yet been made with the creditors of the Daïra; and should a question involving the validity of the decree of the 18th instant, so far as it affects the acquired rights of foreigners, be brought before the courts and the same principle applied as in the decision of last May, the result must be adverse to the government.

It is, however, believed, on grounds apparently reasonable, that all matters of difference will be satisfactorily arranged with the creditors. That the Khédive earnestly desires this, and is making the most strenuous efforts for its accomplishment, there is no doubt; and, unless the threatened Turco-Russian war by causing a new drain upon the Egyptian treasury prevents, he will undoubtedly be in a condition to make such arrangements.

I have delayed transmitting the inclosed dispatch of Chérif Pasha for some days, expecting on the arrival of each mail to receive an answer to my dispatch No. 45, of August 10, 1876, that would probably render its transmission unnecessary.

I am, &c.,

E. E. FARMAN,
United States Agent and Consul General.

[Inclosure.—Translation.]

The minister of foreign affairs of the Khédive to Mr. Farman.

Ministry of Foreign Affairs,
Cairo, November 5, 1876.

appointment of new judges to the tribunals.

My Dear Consul-General: By my dispatch of the 3d August last, I had the honor to call your kind attention to the principal circumstances which required an increase in the number of judges in view of securing the good administration of justice, and I pointed out to you the means which seemed to the government of the Khédive best adapted to attain the desired object.

I shall not repeat the considerations which I have already set forth at length as regards this subject.

Being upon the spot as you are, my dear consul-general, you have been able to obtain, if required, most exact information, and to convince yourself of the exigencies of the situation, which, in the opinion of the mag istrates and of all interested, calls imperatively tor a prompt and effectual remedy.

It pleases me to hope that the Government of the United States of America, enlightened by your care, will unite in the general conviction, and that it will sanction it by its decision.

This decision, my dear consul-general, the government of the Khédive will be happy to be made acquainted with as soon as possible; for you are aware that the new judicial year is begun, and the circumstances are becoming more and more urgent.

I should, therefore, be pleased to have you continue to lend your kind assistance to obtain a speedy solution, and I renew to you, my dear consul-general, the expression of my devoted sentiments and my high consideration.

CHÉRIF.