§ LORD RANDOLPH CHURCHILLasked the Under Secretary of State for Foreign Affairs, If he can state to the House under what clauses of Egyptian Civil Law, or under what article of Egyptian or Ottoman Military Law, Arabi Pacha is being tried; or whether he is being tried by an "ex post facto" Military Code and procedure formulated by the Egyptian Government and agreed to by Her Majesty's Government?
§ SIR CHARLES W. DILKEI have on two previous occasions stated to the House that Arabi Pasha is being tried by Court Martial with privileges not usually allowed by the procedure under Egyptian law. Those privileges have been conceded to the prisoners in this case at the instance of Her Majesty's Government for the sole purpose of securing the prisoners a fair trial. Her Majesty's Government are not aware of anything in the procedure which can properly be described as formulated merely for the purpose of these trials, except those provisions in favour of the accused, of which the accused desire and intend to take advantage.
§ LORD RANDOLPH CHURCHILLMay I ask the hon. Gentleman to answer the Question on the Paper? He has answered a Question which is not on the Paper. My Question is, Under what clauses of Egyptian Civil Law, or under what article of Egyptian or Ottoman Military Law, Arabi Pacha is being tried?
§ SIR CHARLES W. DILKEI have distinctly stated over and over again—I stated it four times last night—that Arabi Pasha is being tried not under any Civil Law or Code, but by Military Court Martial, under special conditions agreed upon between him and his counsel and the Egyptian Government.
§ LORD RANDOLPH CHURCHILLI wish to ask the hon. Gentleman whether the trial of Arabi Pasha is not absolutely illegal, as being contrary to all known Codes of law?
§ SIR CHARLES W. DILKEI am not competent to give an opinion on a legal question, but I have reason to believe that the trial is perfectly legal.
MR. GORSTWill the hon. Gentleman state, if Arabi Pasha is not being tried under any existing Code, what law he is accused of having broken?
§ MR. BOURKEMay I ask the hon. Baronet whether a few days ago he did not refer to the charges and the law under which Arabi was to be tried, and if he did not refer me to a Code which I think he said was to be found in a book? I asked him afterwards whether that book was in the Library. I found it was not there, and I understood, did I not, that he would have these clauses from this particular Code translated and laid before the House?
§ SIR CHARLES W. DILKEI gave that promise to the right hon. Gentleman because he appeared to attach great importance to the matter, and I thought it was a point not worth fighting about. I will get the translation; but I have stated over and over again that those clauses, although referred to in the charges, do not constitute the body of the law under which the prisoner is being tried.
§ SIR H. DRUMMOND WOLFFAs I understand the hon. Baronet to say that Arabi Pasha is being tried under no Code whatever, I would ask whether the military tribunal which is trying Arabi is framed under a recognized Code or not?
§ SIR CHARLES W. DILKEI declined last night to answer Questions upon Egyptian law. I am not competent to answer those Questions, and it is not my duty.
§ SIR H. DRUMMOND WOLFFI will not move the adjournment—["Oh!"]—if hon. Gentlemen wish it I will do so—but I wish to ask the Under Secretary for Foreign Affairs whether Arabi Pasha has not been handed over by Her Majesty's military authorities to be judged by a Court Martial which acts under no law whatever?
§ SIR CHARLES W. DILKEHe has been handed over under conditions which have been described to-night by the Secretary of State for War.
MR. JOSEPH COWENMay I ask the Under Secretary if Arabi Pasha is being tried by a law made for the occasion?
§ MR. O'KELLYIs the law to be manufactured by the Court Martial as the trial proceeds?
§ SIR CHARLES W. DILKEI did not catch the terms of the last Question. As to the Question of the hon. Member for Newcastle, he was in the House last night when I answered a Question put in exactly the same terms as the one which the hon. Gentleman now asks.
MR. GORSTI do not want to move the adjournment of the House; but the Question I put just now to the hon. Gentleman is a serious one, and ought to be answered. The hon. Gentleman has said there is no Code—Egyptian, Ottoman, or otherwise—under which Arabi is being tried. My Question, then, is, What law is Arabi charged with having broken?
§ SIR CHARLES W. DILKEI have answered already fully on this subject. The replies which I gave on this subject last night were the subject of the most careful consideration, because we desired not to express opinions upon matters of Egyptian law, upon which we are not competent to speak. But we desired to give the House the fullest information possible, and the answers I gave last night on the subject were carefully considered by those who had framed suggestions to the Egyptian Government, the acceptance of which by the Egyptian Government, in the interests of humanity, has been the ground of all these Questions.
§ LORD RANDOLPH CHURCHILLI beg to give Notice that, on Monday, I shall put a further Question on this subject, and if I do not receive an answer to that Question from the Under Secretary for Foreign Affairs, I shall resort to the only course open to a private Member under the circumstances.