FARMAN, United States Agent and Consul-General to Nicholas Fish, August 10, 1876

No. 343. Mr. Farman to Mr. Fish.

Sir: I have the honor to transmit herewith a copy of a dispatch from Chérif Pasha, secretary of foreign affairs, dated August 3, 1876, and its translation. The subject of this dispatch is a project for the increase of the number of judges in the new tribunals of Egypt. The facts rendering this increase necessary are set forth in detail. It seems to be impossible for the present number of judges to do the work that is required, and it is proposed to promote the European substitutes of the parquet to judges. There are five of these European substitutes, being one from each of the following countries, namely: England, France, Germany, Austria-Hungary, and Italy.

No substitute having been as yet named by the United States, it is proposed, if this project is accepted, to give such substitute as shall be regularly nominated by our government and accepted by the government of the Khédive, at once, on such acceptance, the position of judge in the court Première Instance (Court of First Instance), the same as the other substitutes already chosen.

The ratio between the foreign and native judges is not to be changed; but the Khédive is to be at liberty to appoint such person as he may choose and think necessary to the parquet, without consulting the foreign powers.

Whether the American substitute, when promoted to judge, would be assigned to Ismaïlia, Cairo, or Alexandria, is left to be hereafter determined.

After an examination of the facts I approve of the project, and recommend its acceptance by the Government of the United States and the nomination of a suitable person for substitute.

It is desired that an immediate answer be given to this proposition, so that in case it is accepted the new tribunals may, at the end of their vacation on the 15th of October, recommence their work with the proposed increased number of judges.

The position of the appointee, when accepted by the Khédive, would be the same as that now held by Judge Bacheller.

Russia is in the same condition as regards the new tribunals as America, not having yet proposed a substitute; and the same proposition is made to that government in relation to the appointment of a substitute as is made to the Government of the United States.

If both Russia and the United States propose substitutes, it will give to the Egyptian courts seven additional foreign judges and a proportionate number of native.

I have, &c.,