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The Government of the Khedive has proposed that the authority of the mixed judicial tribunals in Egypt be extended so as to cover citizens of the United States accused of crime, who are now triable before consular courts. This Government is not indisposed to accept the change, but believes that its terms should be submitted for criticism to the commission appointed to revise the whole subject.
It is therefore very convenient to politicians not to put the judgment of their conduct on overt acts, cognisable in any ordinary court, but upon such a matter as can be triable only in that secret tribunal, where they are sure of being heard with favour, or where at worst the sentence will be only private whipping.
I recommend such legislation as will remedy these defects in the law. In previous messages I have called the attention of Congress to the necessity of so extending the jurisdiction of the United States courts as to make triable therein any felony committed while in the act of violating a law of the United States.
"Item: Whereas of time not long past, within the city of Norwich, and the counties of Norfolk and Suffolk, there were no more but six or eight atturneys at the most coming to the King's Courts, in which time great tranquillity reigned in the said city and counties, little trouble or vexation was made by untrue or foreign suits, and now so it is, that in the said city and counties there be four score atturneys or more, the more part of them having no other thing to live upon, but only his gain by the practise of atturneyship: and also the more part of them not being of sufficient knowledge to be an atturney, which come to every fair, market, and other places, where is any assembly of people, exhorting, procuring, moving, and inciting the people to attempt untrue and foreign suits for small trespasses, little offences, and small sums of debt, whose actions be triable and determinable in Court Barons, whereby proceed many suits, more of evil will and malice than of truth of the thing, to the manifold vexations and no little damage of the inhabitants of the said city and counties, and all to the perpetual diminution of all the Court Barons in the said counties, unless convenient remedy be provided in this behalf.
In France and other countries of continental Europe questions of the existence and extent of the authority of an official in his action against individuals are triable, at least at the pleasure of the executive, only in administrative tribunals, that is, courts pertaining to the executive department and instituted to assist that department in the performance of its functions.
He refuses to let it go to the jury because he thinks it would befog them or turn their attention away from the "legal issue" or, in other words, from the one little point on which the law compels the plaintiff and defendant to concentrate their dispute, in order to render it triable at all by the peculiar tribunal which the Anglo-Saxon race has chosen for the protection of its rights.
In a general way they are charged with the duty of making arrests of military, as well as civil offenders, sending such of the former class as are triable by courts-martial to their proper commands, with statements of their offenses and names of witnesses, and detaining in custody all other offenders for trial by military commission, provost courts, or native criminal courts, in accordance with law and the instructions hereafter to be issued.
It is therefore very convenient to politicians, not to put the judgment of their conduct on overt acts, cognizable in any ordinary court, but upon such matter as can be triable only in that secret tribunal, where they are sure of being heard with favour, or where at worst the sentence will be only private whipping. Another scene was opened, and other actors appeared on the stage.
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