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.
The change involved in the introduction of such a system can hardly be realized by Europeans or Americans. It is the first attempt to inaugurate a reign of law in Egypt, or perhaps in any Oriental country. It is a breakwater equally against the despotism of the central power, and the meddlesomeness of foreign governments, acting through the Consular Courts. For the first time the Khedive is himself put under law, and has some check to his power over the lives and property of his subjects. Indeed we may say that it is the first time in the history of Egypt that there has been one law for ruler and people—for the Khedive and the fellah, for the native-born and for the stranger within their gates.
The completion of such a system, after so much labor, has naturally been regarded with great satisfaction by those who have been working for it, and its inauguration on the first of the year was an occasion of congratulation. On that day the new judges were inducted into office, and after taking their official oaths they were all entertained at the house of Judge Batcheller, where was present also Mr. Washburne, our Minister at Paris, and where speeches were made in English, French, German, and Arabic, and the warmest wishes expressed both by the foreign and native judges, that a system devised with so much care for the good of Egypt, might be completely successful. Of course it will take time for the people to get accustomed to the new state of things. They are so unused to any form of justice that at first they hardly know what it means, and will be suspicious of it, as if it were some new device of oppression. They have to be educated to justice, as to everything else. By and bye they will get some new ideas into their heads, and we may see a real administration of justice in the valley of the Nile. That it may realize the hopes of the great man by whom it has been devised, and "establish justice" in a country in which justice has been hitherto unknown, will be the wish of every American.
This new judicial system is the one bright spot in the state of Egypt, where there is so much that is dark. It is the one step of real progress to be set over against all the waste and extravagance, the oppression and tyranny. Aside from that I cannot indulge in any rose-colored views. I cannot go into ecstasies of admiration over a government which has had absolute control of the country for so many years, and has brought it to the verge of ruin.
And yet these failures and disasters, great as they are, do not abate my interest in Egypt, nor in that remarkable man who has at present its destinies in his hands. I would not ask too much, nor set up an unreasonable standard. I am not so foolish as to suppose that Egypt can be a constitutional monarchy like England; or a republic like America. This would be carrying republicanism to absurdity. I am not such an enthusiast for republican institutions, as to believe that they are the best for all peoples, whatever their degree of intelligence. They would be unsuited to Egypt. The people are not fit for them. They are not only very poor, but very ignorant. There is no middle class in Egypt in which to find the materials of free institutions. Republican as I am, I believe that the best possible government for Egypt is an enlightened despotism; and my complaint against the government of the Khedive is, not that he concentrates all power in himself, but that he does not use it wisely—that his government unites, with many features of a civilized state, some of the very worst features of Oriental tyranny.
But with all that is dark in the present state of this country, and sad in the condition of its people, I believe that Egypt has a great future before it; that it is to rise to a new life, and become a prosperous State of the modern world. The Nile valley has a great part yet to play in the future civilization of Africa, as an avenue of access to the interior—to those central highlands where are the Great Lakes, which are the long-sought sources of the Nile; and from which travellers and explorers, merchants and missionaries, may descend on the one hand to the Niger, and to the Western Coast; or, on the other, to those vast regions which own the rule of the Sultan of Zanzibar. I watch with interest every Expedition up the Nile, if so be it is an advance, not of conquest, but of peaceful commerce and civilization.
Perhaps the Khedive will rise to the height of the emergency, and bring his country out of all its difficulties, and set it on a new career of prosperity. He has great qualities, great capacity and marvellous energy. Has he also the gift of political wisdom?
Never had a ruler such an opportunity. He has a part to act—if he knows how to act it well—which will give him a name in history greater than any of the old kings of Egypt, since to him it is given to reconstruct a kingdom, and to lead the way for the regeneration of a continent. If only he can see that his true interest lies, not in war, but in peace, not in conquering all the tribes of Africa, and annexing their territory, but in developing the resources of his own country, and in peaceful commerce with his less civilized neighbors, he will place himself at the head of a continent, and by the powerful influence of his example, and of his own prosperous State, become not only the Restorer of Egypt, but the Civilizer of Africa.