Another feature of Egypt's complex form of government is the International Debt Commission, which consists of delegates from England, France, Germany, Austria, Russia, and Italy, who are stationed at Cairo for the purpose of keeping an eye on the national revenues and periodically collecting a share of them, over and above the actual running expenses of the government, to pay the interest on the Egyptian bonds held in those countries.
To this administrative medley must be added the complications caused by the Ottoman Capitulations—by which fourteen foreign governments, including our own, exercise almost sovereign rights in Egypt, the International Tribunals, or “Mixed Courts,” in the control of which Egypt has almost nothing to say, giving them complete jurisdiction in all civil cases in which aliens may be involved with each other or with Egyptians, while the foreign consuls possess absolute authority in criminal cases where their nationals are concerned.
The Capitulations, many of which date back to the early days of Turkish power, are nothing less than guarantees to foreigners within the Ottoman dominions of full and complete immunity from the laws governing Turkish subjects. No reciprocal obligation was constituted by a Capitulation (which, by the way, means the instrument containing the terms of an agreement), as it was intended to be a purely gratuitous concession granted to Christians, by virtue of which they were tolerated upon the soil of Islam. Though the Capitulations were never regarded by the Turks as treaties—it being obvious that the Commander of the Faithful, who is likewise the Successor of the Prophet and the Shadow of Allah, could never treat a Christian ruler as an equal—they have all the character and force of treaties nevertheless, inviolability of domicile, freedom from taxation of every sort, and immunity from arrest for any offence whatsoever being but items in the comprehensive promise not to molest the foreigner. In short, the Capitulations give to the nations possessing them as complete jurisdiction over their citizens as they exercise at home, the Egyptian Government being powerless to lay so much as a finger on a foreigner who breaks its laws.
Should an American sailor, for example, become involved in a drunken affray, as sometimes happens, and wound or kill an Egyptian, the Egyptian police would no more arrest him than they would the Khedive. They would merely keep him under surveillance, meanwhile notifying the American consul, who would despatch his kavasses, as the armed guards which are attached—also by virtue of the Capitulations—to the various consulates are called, to effect the man's arrest. He would then be tried by the consul, who possesses magisterial powers, before a jury drawn from American residents or tourists, and, if found guilty, would be confined in one of the several consular prisons which the United States maintains in the Turkish Empire, although, if the sentence were a long one, he would probably be sent to a prison in this country to serve it out.
Though the Egyptian police may be perfectly aware that Georgios Miltiades runs a roulette game in the back room of his café, and keeps a disorderly house up-stairs, he can lounge in his doorway and jeer at them with perfect safety for the simple reason that he is a Greek subject, and therefore his café is as much on Greek soil as though it were in the Odos Ammonia in Athens, his consul alone possessing the right to enter it, to cause his arrest, and to inflict imprisonment or fine.
Notwithstanding the fact that the importation of hasheesh into Egypt is strictly prohibited, the government making every effort to stamp out its use by the natives, the Italian smuggler who drops anchor in Alexandria harbour with a cargo of it aboard knows perfectly well that the arm of the Egyptian law is not long enough to reach him. If, however, he is caught by the local police in the act of taking the contraband ashore, it will be confiscated, though he himself can be arrested and punished only by the Italian consular official resident at that port.
As a result of the privileges granted to foreigners by the Capitulations, the consuls stationed in Egypt, as well as in other parts of the Turkish Empire, are virtually the governors of their respective colonies, possessing powers which cause their wishes to be respected and their orders obeyed. They are expected to keep a watchful eye on the doings of their nationals, especially those who keep saloons, dance-halls, or cafés; to settle, either in or out of court, their quarrels and even their domestic disputes; to inspect the sanitary condition of their houses; to perform the marriage service for those who prefer a civil to a religious ceremony; and to attend to their burial and the administration of their estates when they die. It is scarcely necessary to add that, as a result of this anomalous state of affairs, there is constant friction and frequent conflicts of authority between the foreign consuls and the local authorities. So jealously, indeed, do the foreign powers guard the privileges conferred upon them by the Capitulations, that Cairo can have no modern drainage system because certain of the European governments refuse to give the Egyptian sanitary inspectors permission to enter the houses of their subjects.
In matters of personal law, such as marriage, divorce, guardianship, succession, and the like, foreigners are, in general, subject to their own patriarchs or other religious heads, while similar questions are decided for the natives by the native courts known as Mehkemmehs, which are presided over by the Cadis. In other matters Egyptians are justiciable before the ordinary native tribunals, which now consist of forty-six summary courts having civil jurisdiction in matters up to two thousand five hundred dollars in value and criminal jurisdiction in offences punishable by a fine or by imprisonment up to three years; seven central tribunals, each of the chambers of which consists of three judges; and a court of appeals at Cairo, about half of whose members are European. Since its reorganisation, the native Egyptian bench has won an enviable record for honesty, energy, and efficiency, and would, if granted complete jurisdictional powers, prove a great influence for good in the land.
So far as the Khedive is concerned, he has about as much to say in the direction of the government as the child Emperor of China had before the revolution put a president in his stead. Not only is Abbas Hilmi surrounded by English secretaries and advisers, without whose permission he may scarcely change his mind, but he is compelled to yield to England even in choosing the members of his ministry, the one or two attempts which he has made to assert his right to independence of action in this respect having been met by England with a military demonstration in the streets of his capital which was not abated until the office was filled by an Egyptian satisfactory to the British Consul-General.
Some years ago, when that grim old statesman, Lord Cromer, was still deus ex machina in Egypt, the Khedive, emboldened by the rapid spread of the Nationalist movement, which has for its slogan “Egypt for the Egyptians!” flatly declined to give a cabinet portfolio to a certain Egyptian politician whose appointment had been urged by the British Consul-General and who was notoriously a British tool. The following morning Lord Cromer drove to the Abdin Palace and demanded an audience with the Khedive. There were no euphemisms employed in the interview which ensued.