the Plenipotentiaries of the same Powers and of France as follows 1: The Treaty THEIR Majesties the Queen of the United Kingdom of Great of 13th Britain and Ireland, the Emperor of Austria, King of July, 1841. Hungary and Bohemia, the King of the French, the King of Prussia, and the Emperor of all the Russias, being persuaded that their union and their agreement offer to Europe the most certain pledge for the preservation of the general peace, the constant object of their solicitude; and their said Majesties being desirous of testifying this agreement, by giving to the Sultan a manifest proof of the respect which they entertain for the inviolability of his Sovereign. rights, as well as of their sincere desire to see consolidated the repose of his Empire; their said Majesties have resolved to comply with the invitation of His Highness the Sultan, in order to record in common, by a formal Act, their unanimous determination to confirm to the ancient rule of the Ottoman Empire, according to which the passage of the Straits of the Dardanelles and of the Bosphorus is always to be closed to foreign ships of war, so long as the Porte is at peace. Their said Majesties, on the one part, and His Highness the Sultan, on the other part, having resolved to conclude between them a Convention on this subject, have named for that purpose as their Plenipotentiaries, that is to say, &c., &c.: Who, having reciprocally communicated to each other their Full Art. 1. His Highness the Sultan, on the one part, declares Parl. Papers, 1854; N. R. G. ii, 128. Art. 2. It is understood that in recording the inviolability of the ancient rule of the Ottoman Empire mentioned in the preceding Article, the Sultan reserves to himself, as in past times, to deliver firmans of passage for light vessels under flag of war, which shall be employed as is usual in the service of the Missions of foreign Powers. Art. 3. His Highness the Sultan reserves to himself to communicate the present Convention to all the Powers with whom the Sublime Porte is in relations of friendship, inviting them to accede thereto. Art. 4. The present Convention shall be ratified, and the ratifications thereof shall be exchanged at London at the expiration of two months, or sooner if possible. In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at London, the thirteenth day of July, in the year of our Lord one thousand eight hundred and forty-one. PALMERSTON. NEUMANN. BOURQUENEY. BULOW. man of 1st June, 1841, By the Firman of 1st June, 1841, the Pashalic of Egypt The Fir is granted to Mehemet Ali and his heirs male, with the right of coining money in the name of the Sultan, of maintaining an army of 18,000 men in time of peace, and of granting commissions up to the rank of Colonel. The tribute to be 80,000 purses (about £363,635)1. By a Firman of 27th May, 1866, the Pashalic is to descend of 27th, May, 1866, to the eldest son of the Pasha; whom failing, to the eldest brother; whom failing, to the eldest son of the eldest brother deceased. The army is raised to 30,000 men, and the Tribute to 150,000 purses (about £675,000) 2. By a Firman of 8th June, 1867, the Pasha, now addressed as of 8th 'Khedive,' is authorized to frame regulations in the nature of June, 1867, laws 3, and to enter into arrangements in the nature of conven 1 Parl. Papers, 1879, Egypt, No. 4. p. 1; N. R. G. xviii, 490 (Texts, No. I). ' Parl. Papers, u. s.; N. R. G. ib. 240 (Texts, No. II). 3 Egypt had previously been subject to the general law of the Empire, as declared by the Sultan. of 29th of 10th June, 1873, of 2nd August, 1879. Egyptian indebted ness. tions for non-political objects, such as customs-duties, police and posts1. By a Firman of 29th November, 1869, the Khedive is forbidden to raise loans without the sanction of the Sultan 2. A Firman of 10th September, 1872, practically revokes the preceding Firman 3. A Firman of 25th September, 1872, expressly gives the Khedive authority to contract loans without permission *. An important Firman was issued on 8th June, 1873, to replace all preceding Firmans. It confirms the rules of succession already established; provides for a Regency during minority; authorizes the Khedive to make laws, to make non-political conventions with foreign powers, to contract loans without permission, to keep an unlimited number of troops, and to build ships of war, iron-clads excepted. The tribute is maintained at 150,000 purses. This Firman is still in force, in so far as it is not controlled by the Firman which was issued on 2nd August, 18796, under the circumstances presently to be mentioned. But between the dates 1873 and 1879 there occurred a series of events which gave to the European Powers a position in Egypt paramount in some respects to that of either Sultan or Khedive. This position was the result of the enormous loans contracted by the Khedive with subjects of the Powers, and of the rights which the Powers acquired for their subjects of enforcing their claims by means of the machinery of the The Inter- so-called International Courts.' The institution of these national courts is indeed the turning-point of recent Egyptian history. The inefficiency of the then existing machinery for the administration of justice to foreigners was explained in a report Courts, 1876. 1 Parl. Papers, u. s.; N. R. G. ib. 242 (Texts, No. III). 2 Ib. u. s. (Texts, No. V). 3 Ib. u. s. (Texts, No. VI). Ib. u. s. (Texts, No. VII). 5 Ib. u. 8.; N. R. G. xviii, 629 (Texts, No. VIII). Parl. Papers, 1880, Egypt, No. 1. p. 51; N. R. G. 2mo Série, vi, 508 (Texts, No. IX). drawn up by Nubar Pasha in 1867, and communicated to the Powers. Negotiations followed, and commissions of delegates of the Powers sat at Cairo in 1869 and at Constantinople in 1873. The result of their labours was a draft Règlement d'Organisation Judiciaire pour les Procès Mixtes en Égypte, by Art. X of which foreigners are empowered to bring actions against the Egyptian Government and the estates of the Khedive1. The French Government gave its adhesion to the Règlement, with certain modifications, in a Protocol signed on behalf of that government and of the Khedive on 10th November, 18742. The Powers which sooner or later became parties to the arrangement were fourteen in number, viz. Germany, Austria, Belgium, Denmark, Spain, France, Great Britain, Greece, Italy, the Netherlands, Portugal, Russia, Sweden and Norway, and the United States. Codes. New Codes, to be administered by the Courts, came into The New operation on 18th October, 1875, and the Courts themselves were opened for business on 1st January, 1876. The powers of the Courts, originally granted for five years, have been prolonged, by a series of Decrees, to 1st February 18823, to 1st February 18834, to 1st February 18845, and lastly to 1st February 1889 6. Khedive's The pressure of debt had already become serious. In No- The vember, 1875, the year preceding the opening of the Courts, Canal the Khedive sold his Canal shares to the British government, and Mr. Cave was sent out, at the request of Nubar Pasha, to Annuaire de l'Institut de Droit International, 1877, p. 321 (Texts, No. X). 2 Ibid. p. 337. The Accession of Great Britain to the Convention was on 31st July, 1875; ibid., 1878, p. 273; Parl. Papers, 1876, Egypt, No. 3; N. R. G. 2me Série, ii, 695 (Texts, No. XI). 3 By a Decree of 6th January, 1881. 4 By a Decree of 28th January, 1882. 5 By a Decree of 28th January, 1883. 6 By a Decree of 19th January, 1884. It was proposed at this time to reconstitute the International Commission, and to consider the expediency of a larger transfer of criminal jurisdiction to these courts. On these Decrees, see Parl. Papers, 1884, Egypt, No. 24. Shares. 1876. Mr. Cave's report upon the condition of the finances. His report was report. published in April, 18761. On the 8th of the same month a Decree was issued, postponing for three months the payment of the coupon about to become due, and on the 2nd May a The Caisse, Decree established the Caisse de la dette publique,' which 2nd May, still subsists 2. It was provided that the revenue devoted to the debt should be paid into the Caisse instead of the Exchequer; that the Caisse might sue the government before the international tribunals; and that the government should not diminish the revenue arising from the taxes hypothecated to the debt, nor contract fresh loans, without the sanction of the Caisse. The Commissioners of the Caisse were to be Egyptian functionaries, but to be foreigners nominated by the governments of the countries which they were called upon to represent. Messrs. Kremer, Baravelli, and de Blignières were appointed accordingly, on the nomination of Austria, Italy, and France respectively. It was not till 18th November that Major Baring was appointed for England, but not on the nomination of the English government3. The functions of the Caisse were to commence from 10th June. 6 The Decree of the 2nd was followed by another of the 7th May, unifying' the various loans, both funded and unfunded, contracted by the Government and the Daïra 5, into a general debt, bearing interest at 7 per cent., to be managed by the Caisse, and assigning certain revenues as its security. The Decree also arrested the operation of the Moukabalah 6. 1 Q. v. Parl. Papers, 1876, Egypt, No. 7. Parl. Papers, 1876, Egypt, No. 8, pp. 54, 60 (Texts, No. XII). 3 See Art. 10 of the Goschen-Joubert Decree (Texts, No. XIV). Cf. infra, p. 109. Parl. Papers, 1876, Egypt, No. 8, p. 63 (Texts, No. XIII). This Decree was followed by one of 11th May, constituting a Treasury department. 5 There are various 'Daïras,' or Administrations, of estates which belonged to the Khedivial family. The principal of these, the Daïra Sanieh, was the personal estate of the Khedive. A law passed in 1871, which, in consideration of the payment of six years' land tax in advance, promised to landowners an exemption from half the tax after 1885, and an improved title. This law was revived by the GoschenJoubert Decree, with modifications, but abolished by the Law of Liquidation. |