IN the preceding chapter I gave a summarised account of the
jurisdiction of Turkey, and also made an allusion to the admission of
the Armenians and other non-Mussulman natives of Turkey to the judicial
institutions. Here I will say something on the position held by foreign
subjects in regard to the law of the country, as well as on the
disposition of the non-Mussulman population towards the Ottoman empire.
As a matter of fact, foreigners enjoy a most extraordinarily privileged
position in Turkey, and their privileges are known as 'capitulations.'
Every foreign colony forms a distinct _imperium in imperio_ more
markedly in Constantinople than in any other city of the Ottoman
empire. Every individual foreigner enjoys extra-territorial privileges,
such as in other countries could only be afforded to the diplomatic
representatives of Foreign Powers. Whatever crime a foreign subject may
commit, he is not amenable to the authority of the Ottoman Government
The capitulation privileges of the foreign subjects granted in bygone
centuries by the Ottoman rulers to European visitors, who were then
few in number, were in reality acts of hospitality. But they have been
abused in later times by those in whose favour they were granted. I
cannot here enter into the details of the capitulation privileges
which[5] fetter the hands of the Ottoman statesman, which create
insurmountable difficulties for the thorough enforcement of the laws,
and which seriously impede the adoption of progress and reforms.
There was at one time a real possibility of the Porte getting rid, at
least partially, of these capitulation privileges, which are really
not justified by international law, and some friendly Powers, notably
Great Britain, appeared well disposed to discuss the advisability of
making some modification in them. In fact, certain concessions were
made to the Porte in the carrying out of the sentences passed by it
on foreign criminals. These modifications could still be successfully
brought about if Turkey could earnestly set to work to reorganise the
administration of the country, and to introduce such practical reforms
as are necessitated by the actual requirements of the case, and then
appeal to the justice and equity of the Great Powers not to insist
upon exercising fully the capitulation privileges of their subjects.
It was some thirty years ago that the statesmen of the Sublime Porte
seriously meant to accomplish this great task. But with the beginning
of Abd-ul-Hamid's disastrous reign all the previous schemes of the
Porte were brought to naught This capricious Sultan began to rule
over an important empire, which required the most delicate handling,
in a manner which has never before been seen in the history of any
civilised or semi-civilised State, and which can only be paralleled
by the mode of governing of some wild tribal chieftain. He proceeded,
with a tyrant's zest, to crush the influence of Ottoman statesmen of
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