The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-08-11


class composed OF the Greeks OF the Greek Islands
and of Asia Minor. who are Ottoman subjects unlike
Greeks born In Greece proper who are subjects OF
his Hellenic Majesty King George But In many IN
stances where there is nothing OF this sort to JUSTIFY
the proceeding some convenient pretext has been
found to give 'prOtectiOn'-that Is, immunity from
local laws and local taXaton-tO persons wholly
without right to the privilege; and the pressure
brought TO bear on the consus u all Powers to in
duce them To grant this protection, from motives OF
humanity or otherwise, is tremendous IL Is easy 10
see that the practice Is wholly contrary TO the capt
lation, and 1t Is strictly forbidden to the ministers
and cOnsuls Of the United States by POSITIVE instruc-
tons from the Department OF State, except TO per-
sons actually employed In the service OF the consul
lates.
Now this whole body of foreigners, numbering to-
day quarter of million souls in Egypt being thus
wholly excepted from the operation Of the local laws
and tribunals OF the country the Question naturally
BY what are they and by whom
The answer seems simple enough-by the laws Of
their own countries, administered by the consus OF
those countries respectively. The Engshman in
Egypt lives under English law, administered in an
English court held in Egypt under consular authority
SO OF the Frenchman, the Italian, the Austrian, the
American and all the rest II the foreigner does not
thus live under the laws OF his own country admins
tered by its consul he would be without law alto
gether for 1t would be the first duty of the consul to
prevent local Officers from making the slightest at
tempt to put in operation any local law against him.
Thus 1t n that If a drunken sailor Is found making
q disturbance in the streets the police may arrest
him, but the Egyptian magistrate cannot undertake
to try, Judge ana punish him; for that purpose he
must be renanded to lis consul. SO sensitive is the
United states Consul General to the rights OF Amer-
can citizens that he VIII not allow the police to keep
in the lookup over night without notice TO him any
person claiming TO be an American citizen; but no.
tce given at the consulate at any hour OF the night
in order that the cause OF the arrest may be mnle
diately inquired into by the consulate.
1hc ru Q applies equally in civil as in criminal
casesIno other authority put the consular authority
at home) can hear, try or Judge causes against the
subjects OF their respective natonates THIS state
OF things has become firmly established and Is prac-
fused with the consent OF the Egyptian government
IL Is regarded by the whole foreign community OF
every nation as great advantage and they quick
to object to The slightest proposed change Ii Is per-
fecty well established that every complaint against
foreigner, whether civil or criminal, must be
brought against him IN his consulate, and there
heard ana determined.
Nor Is this al. The foreign element even has part
in the determination OF cases against natives. This
Is managed in this way:-BOth at Alexandria and at
Cairo there Tribunal of Commerce for the deter
mlnation OF cases brought by foreigners against
natives. This tribunal sits always with president,
VINO is a native 1unctionary, assisted by equal
number Of native and of foreign assessors" or as
sistant judges, generally two OF eacn. The foreign
assessors are appointed In the following manner
Twice year each consul furnishes q list OF the
notabes" or principal persons OF his nationality re-
sident IN Egypt. The persons thus designated meet
and choose from the whole foreign community list
OF twelve JUDGES and twelve alternates. The whole
number VI twenty-Iour is then arranged by months,
50 that two shall serve for month, in rotation The
service Is honorary and pains are taken by the
fore On community TO select those merchants in
whom the greatest confidence is felt. AS, how
ever tine native judges have preponderance
IN the constitution OF tue tribunal some complaint is
made OF Its decisions. More justly complaint Is
also made OF want OF energy In the execution of
the judgments OF the tribunal This is the duty of
the local authorities for II tribunal itself can simply
give decisions, not execute Judgments. There is q
very odd provision allowing an appeal from the tri-
bunal at Alexandra TO be taken to the tribunal at
Caro- and utce uersa neither tribunal being supreme
and the TWO being composed, In fact In precis y the
same manner Advantage Is often taken Of this
provision simply to make delay by entering an APP
peal which is uted tile decision appealed
from meanwhile resting in allegiance.
Such then, IL the existing system. As there are
sixteen Consuls General in Egypt there are no less
than sixteen consular courts besides the tribuna 3
OF commerce ut CAIRO and Alexandria with which
foreigners have 10 do according TO the nationality Of
the par les interested In each case.
Now have to report to the readers Of the HERALD
that the Nceroy OF Egypt, IN prosecuting his changes
| in the mode OF administering his government has
| proposed the foreign governments some changes
In this complicated judicial system. The first hint
of the proposed changes produced an cutlery from
nearly The whole foreign community, and this Is now
! the great question OF the day.
| on the one hand 1t is easy to see that Foreigners
resident In Egypt may very naturally view with APP
prehension any curtailment OF their privilege, en-
joyed under the ancient capltulatiOns OF being
Judged by no laws but the laws OF their country
and by magistrate but Its own consul. This Is a
| substantial privilege now fully enjoyed, which
foreigners are naturally loath TO see invaded Ia any
| point
| But, on the other hand, IL is fair to consider
| calmly the plan proposed by the yiceroy in the
light OF such objections, II any, may fairly be
| brought up against the existing system. What the
VceIOy promises u ths:-rO leave to the consular
courts without interference their present jurisdic-
| ton as regards cases between subjects OF the same
|
with an Englishman would still have recourse to the
British consular court. But as regards al cases in
when the parties are of dinerent nationaties, or
between foreigners and natives including even cases
OF foreigners against the Egyptian government, 1t ia
proposed III lieu of the sixteen consular courts and
! the two tribunals or commerce 10 have one new
court to hear all these This court It is prom
ised, shall consist OF two three native Judges and
two or three foreign judges to be chosen on the re-
commenJation Of the governments OF their respectve
countries to hold office for I'VE years and 10 he paid
handsome fixed salaries The point of the prepon-
pf has zfarh
preim nary discussions. II is proposed by way OF
| additional safeguard that parties should have the
The trial began, in which that judge could not
SIT in that particular case. Some other "guarantees'
are contained In the vlceroys project with the view
| TO make II more palatabe.
| do not propose to transfer to your columns the
| discussion which now rases ut Alexandria on the
subject. although the formal negotiations have not
| yet even begun among the governmental. | will
SIMPLY lay that 1t IL suggested In favor OF the Vice
r0y's proposition that 1t would supplant the existing
tribunals OF commerce with something maniestly
better regards cases against native subjects: that
It provides court TO hear cases against the Egyp
tan government Itself, which are numerous, and
which at present are simply matters OF political dis
cussion between the Consul General aud the Egyp
| tian governments, with no tribunal whatever for
hearing them or investigating the facts OF each case
| and nnally that some positive advantages could
probably accrue from the abolition OF the comp-
| Gated jurisdiction OF the consulates. II oflen
happens, for instance that two three even four or
five natonalities are concerned In the case. IL
mag be lease between landlord and tenant or DIFF
ierent natiOnaliiies: or there may be goods which
II is desired TO attach to abide the issue Of the trial;
there may be lien claimed, bali demanded the
pre- 3ence OF witnesses required. In all such cases
when the nationality OF the persons concerned Is
different from that OF the defendant the course OF
justice is anything hut smooth. case OF landlord
and tenant may turn wholly on q legal point which
IL entrey different, according to the laws OF the diff
1erent countries. Thus there IL q strife between
ltIgants which shall be defendant; and sometimes
there 10 race between the officers OF different con-
sulaes which shall get sealing wax first melted over
goods Of disputed ownership.
These are practical difficulties which would he met
by the establishment OF new as proposed by
the Egyptian government but whether all the adyarl-
tages which can be claimed for the plan will over
balance the extreme reluctance of the foreign com.
munily TO part with the privilege to which they
at ach great importance, Of being Judged only by
the laws of own their country administered by its
| Consul, remains TO be seen.
The present state OF things s this:-The Egyptian
government has made Its proposition OF the outlines
OF scheme, desiring that the details should he act
tied by conference OF representatives OF foreign
| nations. This proposition OF the gyptian govern.
| mont was addressed to the great Powers, OF