the scenes of government, were in a position to judge of the extent to
which the Capitulations clogged progress in many very important
directions. But it was more difficult to convince the general public,
many of whom entertained very erroneous ideas as to the extent and
nature of the proposed reforms, and could see nothing but the fact that
it was intended to deprive them of certain privileges which they then
possessed. It cannot be too distinctly understood that there never
was--neither do I suppose there is now--the smallest intention of
"abolishing the Capitulations," if by that term is meant a complete
abrogation of all those safeguards against arbitrary proceedings on the
part of the Government which the Capitulations are intended to prevent.
Capitulations or no Capitulations, the European charged with a criminal
offence must be tried either by European judges or an European jury. All
matters connected with the personal status of any European must be
judged by the laws in force in his own country. Adequate safeguards
must be contrived to guard against any abuse of power on the part of the
police. Whatever reforms are introduced into the Mixed Tribunals must be
confined to comparatively minor points, and must not touch fundamental
principles. In fact, the Capitulations have not to be abolished, but to
be modified. An eminent French jurist, M. Gabriel Louis Jaray, in
discussing the Egyptian situation a few years ago, wrote:
On peut considerer comme admis qu'une simple occupation ou un
protectorat de fait, reconnu par les Puissances Europeennes, suffit
pour mettre a neant les Capitulations, quand la reorganisation du
pays est suffisante pour donner aux Europeens pleine garantie de
bonne juridiction.
I contend that the reorganisation of Egypt is now sufficiently advanced
to admit of the guarantees for the good administration of justice, which
M. Jaray very rightly claimed, being afforded to all Europeans without
having recourse to the clumsy methods of the Capitulations in their
present form.
In the last two reports which I wrote before I left Egypt I developed
these and some cognate arguments at considerable length. But from the
first moment of taking up the question I never thought that it would
fall to my lot to bring the campaign against the Capitulations to a
conclusion. The question was eminently one as to which it was
undesirable to force the pace. Time was required in order to l
|