The last Punic war, Vol. 2 (of 2) : $b Tunis, past and present : with a narrative of the French conquest of the regency.Broadley, Alexander Meyrick
History
The last Punic war, Vol. 2 (of 2) : $b Tunis, past and present : with a narrative of the French conquest of the regency.
Broadley, Alexander Meyrick
Tunisia -- History; Tunisia -- History -- French occupation, 1881-1956
While these events were taking place at Hammamet, Colonel Moulin was
conducting a column from Kairwán through the Enfida estate, which had
been almost forgotten in the excitement of the more striking events of
the two expeditions. My readers will remember that in a former chapter
we left Mr. Levy in undisturbed possession of the property under a legal
order of the Sheikh-el-Islam, who had been encouraged by the presence of
the “Thunderer” and “Decoy” to resist the moral pressure gently conveyed
to his judicial mind by the appearance of French ironclads in Tunisian
waters. The time had now come to attain one of the avowed objects of the
war, and place the coveted estate with some show of decency and legal
procedure in the hands of M. Saint-Hilaire’s “honest and laborious
Marseilles company.” Shortly after the signing of the Kasr-es-Said
Treaty, the agents of the French claimants, accompanied by the French
interpreter Sumaripa, paid a visit to the Sheikh-el-Islam, to judge of
his present intentions. As the old man proved to be refractory, the
Société Marseillaise next turned in its dilemma to the now docile Prime
Minister Mustapha. The Meliki school of Moslem jurisprudence ignored, or
regarded with disfavour, the exercise of pre-emption, and if the case
could be transferred to the Meliki judges they would have no difficulty
in conscientiously nonsuiting Mr. Levy. It was true that in the British
Convention of 1863 the religious courts, and not the Bey himself, were
declared to have jurisdiction in disputes relating to real property, and
it was unfortunate that the Meliki Court had already declared itself
incompetent, but still under existing circumstances these were mere
details. Mustapha explained matters to the Bey, who _proprio motu_
issued a decree removing the suit from the Hanafee to the Meliki
tribunal. The rest was now comparatively easy, but meanwhile the Arabs
had cut matters short by driving every European out of the district. The
legal manœuvres at Tunis went on, however, undisturbed by the anarchy
which now reigned all over the Regency. On the 20th July the enlightened
Meliki _cadís_ published, as an evidence of their impartiality, an _ex
parte_ manifesto in the Tunisian Government Gazette, declaring that as
Mr. Levy had no right of pre-emption, the Société Marseillaise must be
regarded as the legal owner.
Public-domain text, read in full here on John Shaqi.
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