On all who escape this forced labor, the taxation is fearful. The hand of the government is as heavy upon them as in the ancient days. To one who was telling me of this – and no man knows Egypt better – I said, "Why, the government takes half of all that the country yields." "Half?" he answered, "It takes all." To the miserable fellahs who till the soil it leaves only their mud hovels, the rags that scarcely hide their nakedness, and the few herbs and fruits that but just keep soul and body together. Every acre of ground in Egypt is taxed, and every palm tree in the valley of the Nile. What would our American farmers say to a tax of twelve dollars an acre on their land, and of from twenty-five to fifty cents on every apple tree in their orchards? Yet this enormous burden falls, not on the rich farmers of New England, or New York, or Ohio, but on the miserable fellahs of Egypt, who are far more destitute than the negroes of the South. Yet in the midst of all this poverty and wretchedness, in these miserable Arab villages the tax gatherer appears regularly, and the tax, though it be the price of blood, is remorselessly exacted. If anybody refuses, or is unable to pay, no words are wasted on him, he is immediately bastinadoed till his cries avail – not with the officers of the law, who know no mercy, but with his neighbors, who yielding up their last penny, compel the executioner to let go his hold.
Such is the Egyptian Government as it presses on the people. While its hand is so heavy in ruinous taxations, the administration of justice is pretty much as it was in the time of the Pharaohs. It has been in the hands of a set of native officials, who sometimes executed a rude kind of justice on the old principle of strict retaliation, "an eye for an eye, and a tooth for a tooth," but commonly paid no regard to the merits of a case, but decided it entirely by other considerations. In matters where the Government was concerned, no private individual had any chance whatever. The Khedive was the source of all authority and power, a central divinity, of whom every official in the country was an emanation, before whom no law or justice could stand. In other matters judges decided according to their own pleasure – their like or dislike of one or the other of the parties – or more often according to their interest, for they were notoriously open to bribes. Thus in the whole land of Egypt justice there was none. In every Arab village the sheik was a petty tyrant, who could bastinado the miserable fellahs at his will.
This rough kind of government answered its purpose – or at least there was no one who dared to question it – so long as they had only their own people to rule over. But when foreigners came to settle in Egypt, they were not willing to be subjected to this Oriental justice. Hence arose a system of Consular Courts, by which every question which concerned a foreigner was argued and decided before a mixed tribunal, composed of the Consul of the country and a native judge. This seemed very fair, but in fact it only made confusion worse confounded. For naturally the Consul sided with his own countryman (if he did not, he would be considered almost a traitor), his foreign prejudices came into play; and so what was purely a question of law, became a political question. It was not merely a litigation about property between A and B, but a matter of diplomatic skill between France (or any other foreign power) and Egypt; and as France was the stronger, she was the more likely to succeed. Hence the foreigner had great advantages over the native in these Consular Courts, and if in addition the native judge was open to a bribe, and the foreigner was willing to give it, the native suitor, however wronged, was completely at his mercy.
Such was the state of things until quite recently. But here at least there has been a reform in the introduction of a new judicial system, which is the greatest step forward that has been taken within half a century.
The man who was the first to see what was the radical vice of the country, the effectual hindrance to its prosperity, was Nubar Pasha. He had the sagacity to see that the first want of Egypt was not more railroads and steamboats, but simple justice – the protection of law. How clearly he saw the evil, was indicated by a remark which I once heard him make. He said: "The idea of justice does not exist in the Oriental mind. We have governors and judges, who sit to hear causes, and who decide them after the Oriental fashion – that is, they will decide in favor of a friend against an enemy, or more commonly in favor of the man who can pay the largest bribe; but to sit patiently and listen to evidence, and then decide according to abstract justice, is something not only foreign to their customs, but of which they have absolutely no idea – they cannot conceive of it." He saw that a feeling of insecurity was at the bottom of the want of confidence at home and abroad; and that to "establish justice" was the first thing both to encourage native industry, and to invite the capital of France and England to expend itself in the valley of the Nile. To accomplish this has been his single aim for many years. He has set himself to do away with the old Oriental system complicated by the Consular Courts, and to introduce the simple administration of justice, by which there should be one law for natives and foreigners, for the rich and the poor, for the powerful and the weak.
To 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.
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