Political and Literary essays, 1908-1913 eBook

This eBook from the Gutenberg Project consists of approximately 349 pages of information about Political and Literary essays, 1908-1913.

Political and Literary essays, 1908-1913 eBook

This eBook from the Gutenberg Project consists of approximately 349 pages of information about Political and Literary essays, 1908-1913.
other Powers, to come to some arrangement which would be binding on the Europeans resident in Egypt, and to force it on them without their consent being obtained, it was most undesirable to adopt anything approaching to this procedure.  The European colonists in Egypt, although of course numerically far inferior to the native population, represent a large portion of the wealth, and a still larger portion of the intelligence and energy in the country.  Moreover, although the word “privilege” always rather grates on the ear in this democratic age, it is none the less true that in the past the misgovernment of Egypt has afforded excellent reasons why even those Europeans who are most favourably disposed towards native aspirations should demur to any sacrifice of their capitulary rights.  My view, therefore, was that the Europeans should not be coerced but persuaded.  It had to be proved to them that, under the changed condition of affairs, the Capitulations were not only unnecessary but absolutely detrimental to their own interests.  Personally, I was very fully convinced of the truth of this statement, neither was it difficult to convince those who, being behind 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.

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Political and Literary essays, 1908-1913 from Project Gutenberg. Public domain.