Henry Elliot to Granville Leveson-Gower, April 27, 1873

Sir H. Elliot to Earl Granville.

My Lord: I received, by the messenger Harbord, your lordship’s dispatch No. 78, of the 15th instant, upon the question of the Egyptian judical reforms.

With regard to the form in which the assent of the powers should be given to the new system, Her Majesty’s government consider that the best mode of preserving the rights of the Porte, and of the Khedive, would be for the Sultan to issue a firman to the Viceroy recommending the adoption of the changes, and that the firman should he communicated to and receive the assent of the powers interested.

I would beg your lordship’s permission to be allowed to point out some objections which my experience in the mode of proceeding here leads me to consider this proposal to be open to.

An imperial firman has the character of a formal and absolute order imposed upon the person to whom it is addressed, and it would be altogether at variance with the nature of such an instrument if it were merely to “recommend” the adoption of a particular course.

It is also to be borne in mind that although the Sultan’s government may come to an understanding with foreign powers as to the nature of a proposed firman, they would never, when it was once issued, submit it to them for their consent. But if these difficulties did not exist at Constantinople, others would be found in Egypt where the Viceroy would unquestionably resent the issue of a firman, which he would regard as an infringement upon the freedom of internal administration which has been secured to him.

The sovereign’s authorization for carrying out the reforms had been formally communicated to His Highness by vizirial letter, both the project and the codes having received the sanction of the imperial government; so that, as between the Sultan and the Khedive, there appears no doubt that everything has passed regularly, and with a due regard to their respective positions.

What Her Majesty’s government have, I apprehend, in view, and what, as a matter of principle, it is so important not to lose sight of, is, that an arrangement which will have the effect of, to a certain extent, modifying treaty stipulations, should not come into force without its ratification by the sovereign being formally signified to the other powers.

I would submit to your lordship’s consideration whether the above object would not be attained in an unobjectionable manner by the course suggested in your note to M. de Lavalette of July 22, 1870, in which it was stated that it would rest with the pasha to obtain the assent of the Sultan, and with the Sultan to make known to the different powers that these reforms are sanctioned by him.

It is the latter portion of this proposal that has yet to be complied with.

The simplest mode of proceeding would probably be, to notify to the Viceroy that Her Majesty’s government have accepted the scheme, and are ready to allow its application to British subjects as soon as it is intimated to them by the Porte that the Sultan has given it his sanction; and, if Her Majesty’s government should think it desirable, I have no doubt that the Porte, in expressing their assent, would be ready to communicate a copy of the authorization which had been given to the Viceroy.

The sanction of the Porte to the principle upon which this reform has been devised was an indispensable condition, but I doubt whether it would be advisable or prudent to do anything to imply that they are called upon to pronounce upon the details.

In the course of working, experience will inevitably bring to light errors and defects which will require correction; and it will be easier to have them remedied by direct negotiations between the powers interested and the Egyptian government, if it can be done as a matter of internal administration, not necessitating an application to the Porte.

I have, &c.,