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.