أوراق مطبوعة عن الوضع السياسي والسياسة العسكرية في مصر [ظ‎‎٨‎٤] (١٧٦/١٦٨)

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Allowing the press almost every licence of polirical abuse, they have been obliged to
spend much of their time in forestalling, diverting or countering attack.
The Ministry have converted—too quickly for purposes of efficiency—an adminis
tration in which, speaking generally, theie was a preponderantly foreign guidance into
one which is genuinely under Egyptian control.
They have not yet fully prepared the ground for the withdrawal of martial law.
It may be believed by critics in England of the Egyptian Government, and it is
pretended by critics here, that martial law is little else than an instrument by which
we still impose our will upon a country we have professed to make independent.
If S trwat Pasha, they say, had truly desired independence, he would have performed
the easy act of passing an Indemnity Law, and we should immediately have been obliged
to withdraw martial law. It is not such a simple matter as that. British martial
law in Egypt is in the nature of an Egyptian Defence of the liealm Act. and only
by its help could the Egyptian Government, during an abnormal period, overcome, as
it was obliged to overcome, its legislative weakness in the face of capitulary privileges.
Martial law was thus used extensively for economic purposes, and economic conditions
are not yet normal; it is through martial law that the import of sugar is controlled,
and that landlords are prevented from exacting exorbitant house-rents. No other
means have yet been found of making foreign subjects contribute towards the provision
of night-watchmen, or of regulating through passport control the admission of persons
into Kgypt. In other respects, martial law has supplemented the native Penal Code
of which a revision was compiled two years ago, but is now not entirely suitable for
promulgation. Nor is the preparation of an Act of Indemnity without its technical
difficulties, for, as your Lordship is aware, the most eminent legal opinions in this
country are divided upon the question whether it is necessary, in order that the validitv
of such an Act should be recognised by the Mixed Courts, that it should have received
the approval of the Capitulary Powers.
It is true, none the less, that the existence of martial law has been of political value
to the present Ministry. The Zaghlulist “ Wal'd” issued a manifesto.which constituted
an offence against the Native Penal Code ; the Government might have prosecuted the
authors, but would probably have avoided a prosecution of such political importance.
The manifesto was directed not only against the Ministry, but also against His Majesty’s
Government and the British military authority in Egypt, and constituted equally an
offence against a military pr oclamation. The authors were therefore quite properly
prosecuted under martial law, but the incidental advantage to the Ministry was such as
to give rise, not unnaturally, to allegations that the Ministry could not stand without
the support of martial law and that I was interfering in party politics.
The Ministry will reap further political advantage from martial law should it be
shown that their opponents have been concerned in outrages upon Englishmen, for the
investigation of which the use of martial law has proved indispensable.
It is hoped, however, that the withdrawal of martial law need not now be long-
delayed ; for us it is, politically, rather an impediment than otherwise, for it makes it
most difficult for us to disentangle ourselves from internal politics and from invitations
to support, in the inteiest of order, whatever Ministry may be in office. I shall revert
to this point later.
The third and principal plank in Sarwat Pasha’s programme was the preparation
of a democratic Constitution, to be followed by a general election. One of the first acts
of the Ministry was to appoint a Constitution Committee under the presidency of
Kushdy Pasha ; opponents of the Ministry were invited to sit on the commission, but
refused, and the members, though representative men otherwise, are not representative
in variety of political opinion. This commission has sat persistently through the
greater part of the summer, when official business in Egypt usually becomes almost
stagnant, and is now on the verge of finishing its work. The Constitution will be
criticised by the Opposition, less on its merits than as being made by the Government
and not by Parliament. On the other hand, before Sarwat Pasha will be able to
complete this part of the programme, which he submitted to King Fuad upon accepting
office, it is probable that he w ill have to overcome strong opposition from the King
himself, who is expected to be unwilling to accept the Constitution in the form in which
it is likely to be presented by Sarwat Pasha.
Meanwhile, Sarwat Pasha seems to have sufficiently redeemed this third under
taking also.
There is, however, another ground for discontent with the Sarwat Ministry which
seems to me to have ample justification. Partly wdth a view to increasing their
personal popularity and obtaining political support, and partly, I suppose, owing to a