From Egypt to Japan. Field Henry Martyn

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СКАЧАТЬ inaugurate such a policy, which was a virtual revolution, the initiative must be taken by Egypt. But how could the Khedive propose a change which was a virtual surrender of his own absolute power? He could no longer be absolute within the courts: and to give up this no Oriental despot would consent, for it was parting with the dearest token of his power over the lives and fortunes of his subjects. But the Khedive was made to see, that, if he surrendered something, he gained much more; that it was an immense advantage to himself and his country to be brought within the pale of European civilization; and that this could not be until it was placed under the protection of European law.

      But Egypt was not the only power to be consulted. The change could only be made by treaty with other countries, and Egypt was not an independent State, and had no right to enter into negotiations with foreign powers without the consent of the Porte. To obtain this involved long and tedious delays at Constantinople. And last of all, the foreign States themselves had to be persuaded into it, for of course the change involved the surrender of their consular jurisdiction; and all were jealous lest it should be giving up the rights of their citizens. To persuade them to the contrary was a slow business. Each government considered how it would affect its own subjects. France especially, which had had great advantages under the old Consular Courts, was the last to give its consent to the new system. It was only a few days before the New Year, at which it was to be inaugurated, that the National Assembly, after a debate lasting nearly a week, finally adopted the measure by a majority of three to one, and thus the great judicial reform, on which the wisest statesman of Egypt had so long fixed his heart, was consummated.

      The change, in a word, is this. The old Consular Courts are abolished, and in their place are constituted three courts – one at Cairo, one at Alexandria, and one at Ismailia – each composed of seven judges, of whom a majority are nominated by the foreign powers which have most to do with Egypt: France, England, Germany, Austria, Russia, and the United States. In the selection of judges, as there are three benches to be filled, several are taken from the smaller states of Europe. There is also a higher Court of Appeal constituted in the same way.

      The judges to fill these important positions have already been named by the different governments, and so far as the personnel of the new courts is concerned, leave nothing to be desired. They are all men of reputation in their own countries, as having the requisite legal knowledge and ability, and as men of character, who will administer the law in the interest of justice, and that alone. The United States is represented by Judge Barringer at Alexandria, and Judge Batcheller at Cairo – both of whom will render excellent service to Egypt, and do honor to their own country.

      The law which these courts are to administer, is not Moslem law (until now the supreme law of Egypt was the Koran, as it still is in Turkey), nor any kind of Oriental law – but European law. Guided by the same intelligence which framed the new judicial system, Egypt has adopted the Code Napoleon. The French language will be used in the courts for the European judges, and the Arabic for the native.

      In administering this law, these courts are supreme; they cannot be touched by the Government, or their decisions annulled; for they are constituted by treaty, and any attempt to interfere with them would at once be resented by all the foreign powers as a violation of a solemn compact, and bring down upon Egypt the protest and indignation of the whole civilized world.

      The change involved in the introduction of such a system can hardly be realized by Europeans or Americans. It is the first attempt to inaugurate a reign of law in Egypt, or perhaps in any Oriental country. It is a breakwater equally against the despotism of the central power, and the meddlesomeness of foreign governments, acting through the Consular Courts. For the first time the Khedive is himself put under law, and has some check to his power over the lives and property of his subjects. Indeed we may say that it is the first time in the history of Egypt that there has been one law for ruler and people – for the Khedive and the fellah, for the native-born and for the stranger within their gates.

      The completion of such a system, after so much labor, has naturally been regarded with great satisfaction by those who have been working for it, and its inauguration on the first of the year was an occasion of congratulation. On that day the new judges were inducted into office, and after taking their official oaths they were all entertained at the house of Judge Batcheller, where was present also Mr. Washburne, our Minister at Paris, and where speeches were made in English, French, German, and Arabic, and the warmest wishes expressed both by the foreign and native judges, that a system devised with so much care for the good of Egypt, might be completely successful. Of course it will take time for the people to get accustomed to the new state of things. They are so unused to any form of justice that at first they hardly know what it means, and will be suspicious of it, as if it were some new device of oppression. They have to be educated to justice, as to everything else. By and bye they will get some new ideas into their heads, and we may see a real administration of justice in the valley of the Nile. That it may realize the hopes of the great man by whom it has been devised, and "establish justice" in a country in which justice has been hitherto unknown, will be the wish of every American.

      This new judicial system is the one bright spot in the state of Egypt, where there is so much that is dark. It is the one step of real progress to be set over against all the waste and extravagance, the oppression and tyranny. Aside from that I cannot indulge in any rose-colored views. I cannot go into ecstasies of admiration over a government which has had absolute control of the country for so many years, and has brought it to the verge of ruin.

      And yet these failures and disasters, great as they are, do not abate my interest in Egypt, nor in that remarkable man who has at present its destinies in his hands. I would not ask too much, nor set up an unreasonable standard. I am not so foolish as to suppose that Egypt can be a constitutional monarchy like England; or a republic like America. This would be carrying republicanism to absurdity. I am not such an enthusiast for republican institutions, as to believe that they are the best for all peoples, whatever their degree of intelligence. They would be unsuited to Egypt. The people are not fit for them. They are not only very poor, but very ignorant. There is no middle class in Egypt in which to find the materials of free institutions. Republican as I am, I believe that the best possible government for Egypt is an enlightened despotism; and my complaint against the government of the Khedive is, not that he concentrates all power in himself, but that he does not use it wisely – that his government unites, with many features of a civilized state, some of the very worst features of Oriental tyranny.

      But with all that is dark in the present state of this country, and sad in the condition of its people, I believe that Egypt has a great future before it; that it is to rise to a new life, and become a prosperous State of the modern world. The Nile valley has a great part yet to play in the future civilization of Africa, as an avenue of access to the interior – to those central highlands where are the Great Lakes, which are the long-sought sources of the Nile; and from which travellers and explorers, merchants and missionaries, may descend on the one hand to the Niger, and to the Western Coast; or, on the other, to those vast regions which own the rule of the Sultan of Zanzibar. I watch with interest every Expedition up the Nile, if so be it is an advance, not of conquest, but of peaceful commerce and civilization.

      Perhaps the Khedive will rise to the height of the emergency, and bring his country out of all its difficulties, and set it on a new career of prosperity. He has great qualities, great capacity and marvellous energy. Has he also the gift of political wisdom?

      Never had a ruler such an opportunity. He has a part to act – if he knows how to act it well – which will give him a name in history greater than any of the old kings of Egypt, since to him it is given to reconstruct a kingdom, and to lead the way for the regeneration of a continent. If only he can see that his true interest lies, not in war, but in peace, not in conquering all the tribes of Africa, and annexing their territory, but in developing the resources of his own country, and in peaceful commerce with his less civilized neighbors, he will place himself at the head of a continent, and by the powerful influence of his example, and of his own prosperous State, become not only the Restorer of Egypt, СКАЧАТЬ