The Continental Monthly, Vol. 4, No. 5, November, 1863Various
History
The Continental Monthly, Vol. 4, No. 5, November, 1863
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
With Tunis there was the same understanding. Again, in the treaty of
1836, with Morocco, no claim is made for jurisdiction by us over our
citizens; the presence of the consul at a trial being deemed a
sufficient guarantee for an equitable trial; showing, that up to that
date Morocco resisted the extraterritorial aggression to which the
Ottoman power had already yielded.
So far as appears from Marten's _Recueil des Traités_, the Sublime Porte
was the first to yield the point, suffering it to go by default,
however, of exempting resident foreigners from local jurisdiction,
rather than by a formal abdication of authority in a treaty. The
earliest admission that we have met with, strange to say, occurs in the
United States' treaty, negotiated with Turkey in 1830. 'If litigation
and disputes should arise between subjects of the Sublime Porte and
citizens of the United States, the parties shall not be heard, nor shall
judgment be pronounced, unless the American dragoman be present.
Citizens of the United States, committing an offence, shall not be
arrested and put to prison by the local authorities, but they shall be
tried by their minister or consul, and punished according to their
offence, following in this respect the _usage_ observed toward other
Franks.'
With Persia, in 1856, we stipulated only that the American consul shall
be present at the tribunal, when Americans are parties in a trial.
Our earliest treaty in Eastern Asia was negotiated in 1833, with Siam,
with which power we agreed, 'that merchants of the United States,
trading in the kingdom of Siam, shall respect and _follow_ the laws and
_customs_ of the country in _all_ points'--conceding not only
interterritoriality to the fullest extent; but making it the duty of
American traders to creep on all fours when in the presence of a high
functionary of that kingdom, and to become orthodox Buddhists!
Inadvertently, no doubt, going farther than Joel Barlow, who thought it
expedient in his treaty with Tripoli (1797) to insert a sort of
disclaimer against Christianity, inserting in the treaty, 'the
Government of the United States is not in any sense founded on the
Christian religion,' a sort of offset, in accordance with the fashion of
the period, to the Austrian treaty of nearly the same date, which was
negotiated in the name of the 'Most Holy Trinity.'
As regards Mohammedan countries, it is not likely that grave evils will
soon arise from the exempting of foreigners from local jurisdiction;
there is yet so much vigor in the government of those states, and so
much vindictiveness toward the giaour foreigners there will be deterred
from those practices which render them a terror to the more servile
people of Buddhist countries. But the extension of the principle to
Eastern Asia has been extremely disastrous to the peoples of those
countries, and has not been unattended by inimical reflex influences on
the wrong doers of the West.
Public-domain text, read in full here on John Shaqi.
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