No. 358.
Mr. Hay to Mr. Drummond.
Washington, October 26, 1880.
Sir: I have the honor to acknowledge the receipt of the note which, by direction of Earl Granville, you addressed to this Department on the 20th of August last, in relation to the modification and continuance of [Page 528] the tribunals of the reform in Egypt, after the expiration of the existing quinquennial period on the 1st of February next.
The circular of the Egyptian minister of foreign affairs, of May 30, 1880, to which his lordship refers, was received by this government in due course, and has had the attention which is due on the part of the United States, as one of the parties to the original scheme of constituting the tribunals of the reform which it is now proposed to change by means of a deliberative commission to be appointed ad hoc. The result of a detailed examination has led this government to conclusions which are, in the main, identical with those of Her Majesty’s Government, as communicated to you by Earl Granville. It accepts, in principle, the proposal of the Khedival Government, that an international commission of delegates from the several powers which joined in the institution of the existing tribunals, should, with as little delay as possible, consider and report to the powers upon such modifications as may appear to be expedient or necessary in the constitution of the tribunals of the reform, and in their procedure and their administration of the law, as well as in the law itself as framed by them, so long as such modification shall place the judicial administration of Egypt on a basis no less favorable than the present one for securing to citizens of the United States in His Higihness’s dominions the same impartial justice they enjoyed under the exercise of judicial functions by the diplomatic and consular officers of the United States in those dominions previous to the institution of the reform tribunals.
This government will, therefore, appoint, at as early a day as possible, two delegates, one of whom shall be principal and the other associate, with the same functions as like adjunct delegates of the other powers to represent the United States in the proposed commission.
This government shares the views of that of Her Britannic Majesty with respect to the future admission, if it be found expedient, of delegates of other powers than those which united in establishing the existing judicial system of Egypt. It likewise concurs in the opinion that the formation of a subcommittee is a matter properly within the discretion of the commission itself.
The question of the extension of the present quinquennial period to cover the time which may possibly elapse before the modifications to be adopted can become operative, being, so far as the United States are concerned, one for the discretion of the executives, this government is prepared in this matter also to accede to the proposal of the government of His Highness the Khedive. The question of the appointment of the present foreign judges to like places in the reorganized tribunals, being properly one for the consideration of each of the appointing powers, it is conceived that no rigid rule should be adopted by the commission with respect to such appointments. It may thus be expedient to provide that the continuance of the present judges through whatever extended term may be requisite before the proposed modifications can take effect, shall not necessarily imply renewal of their existing contracts with the Egyptian Government for a fixed quinquennial or other period, but shall be simply for the time needful to effect the contemplated changes.
The agent of the United States at Cairo will be forthwith instructed in the sense of the views now communicated to you for the information of Her Majesty’s Government.
I have, &c.,
Acting Secretary.