Office of the Historian

No. 319.
Mr. Beardsley to Mr. Fish.

Agency and Consulate-General of the United States,
Cairo, Egypt, October 2, 1875. (Received November 8.)
No. 366.]

Sir: I have the honor to transmit herewith inclosed a decree of his highness the Khedive relative to the new codes of laws which have been adopted for the use of the new judicial tribunals. By virtue of this decree the new codes will be applied in all the Egyptian tribunals on and after the 18th of the present month.

This application of the new codes in all the tribunals of Egypt, as well as in the new tribunals, is a fact worthy of attention, and marks an important step in advance in the judicial progress of this country. A fixed and determined code of laws has long been the great need of the East, and perhaps in no part of the East has that need been felt more than in Egypt, where the commercial spirit has been so wrongfully developed during the past half century, and where the relations between foreigners and natives are so constant and intimate.

The laws as administrated by the local courts are generally gleaned from imperfect and obsolete codes, from the dogmas of the Khoran, and from local customs and precedents.

It is not difficult to find a law, creed, or precedent for any desired decision, and he who resorts to the local courts for redress, trusting to even-handed justice for a vindication of his rights, is likely to emerge from court with anything but exalted ideas of oriental justice.

The system and the uncertainty of the laws is as much to blame as the dishonesty of the judicial authorities, and it is hoped that the adoption of the new codes may work a speedy and effectual change for the better.

Yours, &c.,

R. BEARDSLEY.
[Inclosure.]

Khedivial decree, addressed to the minister of justice the 16 Chaban 1292—September 16, 1875.

Considering that the progress of a country finds its most powerful stimulus in the codified and published laws: that the laws thus promulgated offer a serious guarantee to legitimate interests, assure the repression of culpable acts, and favor the general development and prosperity; considering that, inspired by the social wants of the period, by the sentiments which animate us to promote the general welfare and extend civilization, we have succeeded, by the grace of God, in establishing the laws which form the object of the folio wing codes: The civil code, the commercial code, the maritime commercial code, civil and commercial code of procedure, penal code, and the code of criminal instruction.

We have sanctioned, and we hereby sanction, the said codes, which we declare executory in all the Egyptian territory, before all the tribunals and courts of justice, from the 18th of next October, and we repeal from that date all laws, ordinances, decrees which are in opposition to them.

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We transmit to you a copy, bearing our seal, of the said codes, for the purpose of having them published at once, in order that they may be known to all and enter into vigor on the day designated.”

May Heaven continue to aid us in our work of progress.

ISMAÏL.