Facsimile · p. 151
lU 128 THE STORY OF THE KHEDIVATE.
modifications into the Code Napoleon as were required by the exceptional circumstances of Egypt. In the code, as modified for the use of Egypt, a clause was introduced, which attracted, in as far as I can earn, no attention at the time. By the clause in question it is provided that an action may lie on the r)A A<- I P2 o "y foreigner against the Government, and that if judgment should be given in his favour, the judgment must be carried into execution by the Government itself Such a provision is not to be found in any other civilized country. In England it is impossible for native or foreigner to bring an action against the Government for any alleged torts. Even if by any conceivable possibility a suitor could obtain a verdict, as against his Majesty's Government, in a British court, he would have no power, as a matter of right, to call upon the executive to enforce payment of any judgment given against the Crown by the seizure of State property through the agency of State officials.
If the clause in question had been deliberately framed with the object of bringing the Khedive himself under the action of the law, as administered by the International tribunals, it could not have been more ingeniously worded. I entertain little doubt that the / clause was inserted, directly, or more probably in-V directly, at Nubar's instigation. But, intentionally J or unintentionally, the introduction of such a clause into the Egyptian code carried out the second object Nubar had in view — that of curtailing the Khedive s power of contracting debts in the name of Egypt — K •