nature of the subjects to be considered will allow; and I understand that there is a strong inclination to recommend the repeal of the laws granting juries de mediatate linguæ. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. BENJAMIN MORAN. Mr. Moran to Mr. Seward. No. 53.] LEGATION OF THE UNITED STATES, SIR: Yesterday I had an interview with Lord Stanley, to ascertain whether there was a prospect that her Majesty's government would be disposed soon to empower Mr. Thornton to negotiate a treaty with you on the right of expatriation, based upon the principle in the convention lately concluded between the United States and the North German confederation. His lordship, referring to the commission recently appointed by the Crown to consider the present condition of the naturalization laws, said that to negotiate on the subject before that commission had reported seemed to him to be putting the cart before the horse. Heretofore the two countries had differed widely as to the right of expatriation; but her Majesty's government had conceded the principle of defeasibility contended for by that of the United States. The two nations are therefore agreed on the question. But her Majesty's government prefer to wait for and consider the report of the commissioners before going into any written engagement with another nation on the subject. In the course of the interview his lordship said that the lawyers found fault with the German treaty, objecting to it as defective and calculated to cause much trouble, especially on questions of descent and of property, as well as to repatriation; and he seemed, to think it could not be adopted as a basis for negotiation by her Majesty's government. His own disposition is to come to an early arrangement, and he trusts there will be no unnecessary delay on the part of the commissioners in concluding their report, until the reception of which it will not be convenient for her Majesty's government to act. As the conversation was without assurance that Mr. Thornton would soon receive authority to negotiate, I have exercised the discretion left me in your dispatch No. 5, and have not used the telegraph to inform you of the result, concluding that you would infer an unfavorable reply from my silence. I learn from a source in which I have confidence that even if a treaty were made at the moment, there would not be time to carry it through Parliament this session. It is now stated that the dissolution will take place at the close of next month, and that the new Parliament will assemble in November. But nothing is likely to be done in the matter before then. It is, however, not improbable that this government may be prepared to submit some plan for the consideration of that of the United States before the end of the year. I transmit an official copy of the document creating the commission to inquire into and consider the various questions connected with the laws of naturalization, and you will see that those in which the United States take an interest are included in the third paragraph. I have good reason for stating that the commissioners anticipate no difficulty in arriving at a satisfactory conclusion on the points in which the United States are most concerned. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. BENJAMIN MORAN. Commission. VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, defender of the faith. To our right trusty and well-beloved cousin and councillor, George William Frederick, Earl of Clarendon, knight of our most noble Order of the Garter, and Knight Grand Cross of our most honorable Order of the Bath; our right trusty and wellbeloved councillor Edward Cardwell; our right trusty and well-beloved councillor Sir Robert Joseph Phillimore, knight, doctor of civil law, judge of the high court of admiralty of England; our trusty and well-beloved Sir George William Wilshere Bramwell, knight, one of the barons of our court of exchequer; our trusty and well-beloved Sir John Burgess Karslake, knight, our attorney general; our trusty and well-beloved Sir Travers Twiss, knight, doctor of civil law, our advocate general; our trusty and wellbeloved Sir Roundell Palmer, knight; our trusty and well-beloved William Edward Forster, esq.; our trusty and well-beloved William George Granville Venables Vernon Harcourt, esq., one of our council learned in the law; and our trusty and well-beloved Montague Bernard, esq., greeting: Whereas we have deemed it expedient that a commission should forthwith issue to inquire into and consider the legal condition of our natural-born subjects who may depart from and reside beyond the realm in foreign countries, and to report how, and in what manner, having regard to the laws and practice of other States, it may be expedient to alter and amend the laws relating to such natural-born subjects, their wives, children, descendants, or relatives; And also to inquire into and consider the legal condition of persons, being aliens, entering into or residing within the realm, and becoming naturalized as subjects of the Crown, and to report how far and in what manner it may be expedient, having regard to the laws and practice of this country, of foreign states, or otherwise, to alter or amend the laws relating to such persons, or persons claiming rights or privileges through or under them: Now know ye, that we, reposing great trust and confidence in your knowledge and ability, have authorized and appointed, and do by these presents authorize and appoint you, the said George William Frederick, Earl of Clarendon, Edward Cardwell, Sir Robert Joseph Phillimore, Sir George William Wilshere Bramwell, Sir John Burgess Karslake, Sir Travers Twiss, Sir Roundell Palmer, William Edward Forster, William George Granville Venables Vernon Harcourt, and Montague Bernard, to be our commissioners for the purpose aforesaid. And for the better effecting the purposes of this our commission, we do by these presents give and grant unto you, or any five or more of you, full power and authority to call before you such persons as you shall judge likely to afford you any information upon the subject of this our commission, and also to call for, have access to, and examine all such books, documents, registers, and records as may afford the fullest informa tion on the subject, and to inquire of and concerning the premises by all other lawful ways and means whatsoever. And we do, by these presents, will and ordain that this our commission shall continue in full force and virtue, and that you our said commissioners, or any five or more of you, may from time to time proceed in the execution thereof, and of every matter and thing therein contained, although the same be not continued from time to time by adjournment. And we further ordain that you, or any five or more of you, may have liberty to report your proceedings under this commission, from time to time, if you shall judge it expedient so to do. And our further will and pleasure is that you do with as little delay as possible report to us, under your hands and seals, or under the hands and seals of any five or more of you, your opinion upon the several points herein submitted to your consideration. And for your assistance in the due execution of this our commission we have made choice of our trusty and well-beloved Charles Stuart Aubrey Abbott, esquire, to be sec retary to this our commission, and to attend you, whose services and assistance we require you to use from time to time, as occasion may require. Given at our court at St. James, the 21st day of May, 1868, in the 31st year of our reign. SIR: I have caused to be forwarded to you two copies of a volume containing expressions of condolence and sympathy, inspired by the assassination of Abraham Lincoln, late President of the United States. One of these copies you will present to the government near which you reside, and the other to the gentleman who, at the death of President Lincoln, held the position of minister of foreign affairs. In forwarding these volumes to their respective destinations, you will inform the minister of foreign affairs that this department acts in pursuance of a resolution of the Congress of the United States, approved March 2, 1867, and that these testimonial volumes are presented to foreign governments, corporations, associations, and individuals, as a mark of the grateful appreciation in which the generous expressions of condolence and sympathy in their national bereavement, received from them respectively, are held by the people of the United States. I inclose two copies of the resolution of Congress, which you will please forward with the volumes in question. I am, sir, your obedient servant, BENJAMIN MORAN, Esq., &c., &c., &c. WILLIAM H. SEWARD. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to the number of copies of papers relating to foreign affairs now authorized by law, there shall be printed for distribution by the Department of State, on fine paper, with wide margin, a sufficient number of copies of the appendix to the diplomatic correspondence of 1865 to supply one copy to each senator and each representative of the thirty-ninth Congress, and to each foreign government, and one copy to each corporation, association, or public body, whose expressions of condolence or sympathy are published in said volume. One hundred of these copies to be bound in full Turkey morocco, full gilt, and the remaining copies to be bound in half Turkey morocco, marble edged. Approved March 2, 1867. Mr. Moran to Mr. Seward. [Extract.] No. 56.] LEGATION OF THE UNITED STATES, London, June 20, 1868. SIR: The appointment of the Hon. Reverdy Johnson to this mission, news of which reached London by telegraph on the 13th instant, has given much satisfaction, both in official circles and to the general public. Judging from the hearty manner in which I have been congratulated upon this event by influential persons of all political parties, it is but natural to conclude that Mr. Johnson will enter upon his duties under circumstances highly favorable to the increase of the friendly feeling which now so happily prevails between the two nations. * It will be a pleasure to me to welcome Mr. Johnson, and to afford him all the information and aid in my power on his reaching London. I have the honor to be, sir, your obedient servant, BENJAMIN MORAN. No. 57. Mr. Moran to Mr. Seward. LEGATION OF THE UNITED STATES, SIR: Referring to your dispatch No. 2156, of the 13th of April, to Mr. Adams on the matter of judicial reforms in Egypt, I now have the honor to forward two copies of a parliamentary paper on the subject, just issued by her Majesty's government. I have the honor to be, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, Washington, D. C. BENJAMIN MORAN. PAPERS RESPECTING JUDICIAL REFORMS IN EGYPT. (Presented to both houses of Parliament by command of her Majesty, 1868.) Memorandum by Nubar Pacha on the alterations to be effected in the judicial relations of natives and foreigners. [Translation.] The legislation which governs Europeans in Egypt, and determines their relations with the government as well as with the inhabitants of the country, is no longer based on the capitulations. Those capitulations remain but in name; they are supplied by an arbitrary legislation of usages, dictated by the whim of the chief agent—a legislation based on the antecedents, more or less abusive, which the force of things-urgency on one side and the desire to facilitate the settlement of foreigners on the other-have brought into Egypt, and which actually leaves the government without power, and the people without regular justice in their trade with Europeans. This state of things profits nobody-neither the foreign powers, nor the honest inhabitants of the country, whether foreign or native; it is used to the damage of the country and the injury of the government by those who make it a business to take advantage of it for their own profit. The necessity of reform is urgent; as the European colonies increase, the foreign agents comprehend this, and they demand it. The government and the consuls agree on the principle of this necessity, but they do not agree on the method of putting it in practice; one wishes to discard the capitulations; abuses are adduced as laws and principles not to be set aside; in a word, justice is demanded, but as the means to obtain it are rejected the result is, that a native can get no justice in Egypt, neither as plaintiff nor defendant in a suit, he submits to be robbed, and is lucky if the strange tenant does not take even his house. The government is often assailed by suits, which even the consuls acknowledge to be outrageous. The inhabitants will not trust the European; the government, knowing how aggressive the European is, is compelled to keep him at a distance, for fear of becoming a victim to him. Examples are too numerous to be cited; it is enough to know that the government has paid indemnities to the amount of $72,000,000, in four years. But we must add that these indemnities, paid throngh direct or indirect consular influence, are represented as acts of unexampled generosity on the part of his highness by those very persons who forced them. But this is not all the harm! The government, wishing to attract the civilizing element of progress from Europe, whence it can only come, confides all its grand agricultural and commercial enterprises to Europeans, so as to draw capital by suitable remuneration, and then, rendered powerless, takes no care of the country. The Suez dock is the only one of the great works that has been finished by Europeans; all the other works given to them are either unfinished or are not yet begun, and in such condition they call for indemnity. This manner of doing justice demoralizes the country, and all the efforts of his highness are frustrated by such a demoralization; the Arab, judging Europe by the specimen of its people among us, is opposed to western progress, and accuses the Viceroy and his government of weakness or error. For more than 40 years the Europeans have enjoyed the right of property in Egypt; they own property and hold it under the jurisdiction and legislation of the country; the consuls accept this principle in theory, but reject it in practice: they say the capitulations protect the European, and if he owns a house or farm he is exempt from taxes. This state of affairs, contrary to the letter and spirit of the capitulations, not only hinders the development of the resources of the country, and prevents its produce from contributing to the commerce and manufactures of Europe, but also tends to ruin the prosperity of the country both morally and materially. As the only remedy for this, your highness proposes the organization of a system of justice which will give to Europe all the security it has a right to demand. Your highness thinks the foreign element ought to enter into the organization of our courts of justice; this element, so small in Cairo, equals the natives in Alexandria; many Europeans are established in the country as merchants or mechanics, and they are in daily and hourly intercourse with the natives. This element, therefore, ought to be considered in the organization of our courts; ample securities ought to be accorded to it, so as to give it confidence in our people and in our government. The complete separation of the courts from the government is the principle; justice ought to emanate from the government, but should not be influenced by it, nor should the consuls have any influence in it. To attain what your highness desires, the powers must be assured that "justice emanates from the government, but does not depend upon it." The only way to inspire such trust is to have a body of magistrates, or judicial department. A good judge must not only be just and honest, he must know the law, and to know it, he must study. Our present magistrates have a perfect knowledge of the law that was necessary for uniform justice to people who were similar in habits and wants. New wants demand new laws; Europeans have brought new customs and new habits into the country. A mixed system has begun to be introduced into our laws and codes. New men are needed to apply this new system. Egypt must do for her courts what she has done for her army, her roads, her industry, and her health system. The proper element to effect this is the foreign element, a corrective to the native. What has been done for material order must be done for moral order, that is, justice must be organized. The necessity of this mixed system is deeply felt; in fact, it has been loudly called for ever since the ambassadors demanded it in Constantinople, where a mixed commercial court is organized for the benefit of foreigners and natives, whether as plaintiffs or defendants. Now this system should be extended to the civil and criminal courts. The commercial courts at Alexandria and Cairo are not proper tribunals, because they differ from those at Constantinople. They are more properly juries; yet in commercial cases the proceedings are convenient, and ought to be preserved with certain modifications. This jury, first instituted for suits between natives and foreigners, is now given up. Consuls claim the cognizance of suits in which their countrymen are defendants, and exceptions to jurisdiction or competency are often made when natives are defendants. This exception is founded on the incompetency of members composing the tribunal. I will not discuss the accusation made against this tribunal, because I believe it to be without foundation; but I will repeat your highness's declaration, "Let us give ample security." I suggest the keeping of the two mixed courts of commerce at Cairo and Alexandria; but instead of composing them of three members appointed by the consuls from the Europeans, and three natives appointed by the government, to hold sessions in turn, I propose but four members-two named by consuls from among the most noted and worthy merchants, and two by the government, from among the natives who know the Europeans best, and are brought in daily contact with them. These members should sit alternately, as they do now; would have an Egyptian preside, with a European vice-president, recommended by the minister of justice. The latter office should be permanent. Besides these two courts, it would be necessary to have a court of appeals to sit in Alexandria, to be composed of three Egyptian members, appointed by your highness from our young jurists who have studied in Europe, and three other judges from Europe, recommended by their governments. The chief of this court should be an Egyp |