§ MR. BOURKEasked the Under Secretary of State for Foreign Affairs, If Arabi Pacha is to be tried under special conditions agreed to by the prisoner's counsel, after certain special modifications have been introduced to meet their views; what is the sanction and authority giving these conditions and modifications the effect of Law; can these conditions modify the Articles of the Egyptian Code; and, have these modifications been introduced expressly for the purpose of Arabi Pacha's trial?
§ SIR CHARLES W. DILKEI have already given all the information we possess with regard to the conditions of procedure agreed to for the trial of Arabi. I must decline to enter into questions of Egyptian law. The trial is by a court martial; and if privileges not usually allowed by the procedure under Egyptian law have been conceded to the prisoners in this case, it is, and at the instance of Her Majesty's Government, for the sole purpose of securing 1114 the prisoners a fair trial; and Her Majesty's Government have no reason to suppose that the prisoners or their counsel are dissatisfied with the conditions laid down.
§ MR. BOURKEasked the Under Secretary of State for Foreign Affairs, Whether he will inform the House what Article of the Egyptian Code refers to the first charge against Arabi Pacha of having abused the Flag of Truce by withdrawing troops and by pillaging and burning Alexandria while it was flying; and, what Article refers to the third charge against Arabi Pacha of having continued the War after Peace was concluded?
§ SIR CHARLES W. DILKEThe charges mentioned are under the Ottoman Military Code; but I must decline to answer further Questions as to the charges against Arabi Pasha pending the trial, which is being conducted by an Egyptian court martial, and not by Her Majesty's Government.
§ MR. BOURKEWill the hon. Baronet give us the means of ascertaining where these Articles are to be found? I understood the hon. Gentleman to refer me the other day to the work of Aris-tarchi Bey; but I find there was no copy of the Egyptian Code in the library?
§ SIR CHARLES W. DILKEIf the right hon. Member desires the information, I shall be glad to see if we can get a translation from Egypt of the Articles of the Ottoman Military Code. I have seen copies, both of the Ottoman Military Code and the Ottoman Penal Code, and I believe they are to be found in the Public Libraries of this country.
§ MR. BOURKEI beg to give Notice that on an early day I will move—
That this House regrets that, after the unconditional surrender of Arabi Pacha to British authority, he was delivered over to be dealt with by Egyptian Tribunals?
§ MR. O'DONNELLCan the hon. Baronet inform the House whether the Egyptian court martial possesses any authority, or is it backed up by any force in Egypt other than the authority and force of the British Government?
§ SIR CHARLES W. DILKEI have already declined, on several occasions, to answer Questions of that description.
§ MR. O'DONNELLI beg to give Notice that I shall ask the Question again on Monday.
§ MR. GIBSONasked the Under Secretary of State for Foreign Affairs, What was the date of the telegram in which Lord Granville laid down the rule that in the trial of Arabi Pacha
No arguments or evidence as to political motives or reasons in justification of the offences charged should be admitted, but only such as go to establish or disprove the truth of the charges made;and, was he then aware that the second' Article of charge against Arabi was "for having incited the Egyptians against the Khedive's Government," and that part of the fourth Article was "for inciting the people to Civil War"—both said Articles involving necessarily the consideration of political motives and reasons?
§ SIR CHARLES W. DILKEThe date of the telegram was October 16. The charges were received on the 22nd of that month.
§ MR. GIBSONOn the receipt of the charges did Lord Granville think it necessary to make any modification in the rules laid down?
§ SIR CHARLES W. DILKEWill the right hon. and learned Gentleman give Notice of the Question?
§ SIR H. DRUMMOND WOLFFIf the trial of Arabi is taking place under the Ottoman Military Code, will it be in the power of the Sultan to pardon him?
§ SIR CHARLES W. DILKEI did not say it was taking place under the Ottoman Military Code.
§ SIR H. DRUMMOND WOLFFWell, the Egyptian Code?
§ SIR CHARLES W. DILKENo, Sir; the trial is not taking place under that Code either. The trial is taking place under court martial. I stated that certain of the Articles of the Ottoman Military Code were quoted and referred to; but the trial is not taking place under that Code.
§ SIR WILFRID LAWSONI should like to ask whether, in the event of a capital sentence being passed upon Arabi Pasha, Her Majesty's Government will take any steps to prevent the sentence being carried out?
§ SIR CHARLES W. DILKEThe hon. Baronet knows I have made it a rule not to answer Questions on this delicate subject without Notice, even though the answer might appear perfectly simple. This is, moreover, a Question that has already been put.
§ MR. LABOUCHEREWill the hon. Baronet answer the very simple Question—under what Code is Arabi being tried?
§ SIR CHARLES W. DILKEMy hon. Friend cannot have been in the House a few minutes ago when I stated the fact clearly. Arabi Pasha is being tried under special conditions, which are to be found in no Code whatever. Those conditions have been agreed upon between the Egyptian Government and the prisoner's counsel.
MR. GORSTHave these special conditions been framed since Arabi Pasha was taken prisoner, and have they received the sanction of Her Majesty's Government?
§ SIR CHARLES W. DILKEThe answer to the first part of the Question is sufficiently obvious; the second part of the Question has already been answered.
§ MR. DAWSONHave the Government convoyed to the Court about to try Arabi Pasha that already a verdict has been pronounced in this House that ho was the leader of a military rebellion?
§ [No reply was given.]