sea, freedom of
commerce, freedom of religion, immunity from local jurisdiction save
under certain safeguards, exclusive extra-territorial jurisdiction over
foreigners of the same nationality, and competence of the forum of the
defendant in cases in which two foreigners are concerned (though the
Sublime Porte has long claimed to exercise jurisdiction in criminal
cases in which two foreigners of different nationality are
concerned--the capitulations are silent on the point and the claim is
resisted by the powers).
The same system has been followed by such countries as Persia, China,
Japan and Siam.
The practical result of the capitulations in Turkey is to form each
separate foreign colony into a sort of _imperium in imperio_, and to
hamper the local jurisdiction very considerably. As the state granting
the capitulations progresses in civilization it chafes under these
restraints in its sovereignty. Turkey's former vassals, Rumania and
Servia, though theoretically bound to respect the capitulations so long
as they formed part of Turkey, had practically abrogated them long
before securing their independence through the treaty of Berlin in 1878.
The same may be said of Bulgaria. Japan was liberated from the burden of
the capitulations some years ago.
The extra-territorial jurisdiction exercised by the foreign powers over
their subjects in Turkey and other countries where capitulations exist
is regulated by special legislative enactments; in the case of the
United Kingdom by orders in council.
In Turkey the capitulations are practically the only treaties in force
with the powers, since the expiration about 1889 of the commercial
treaties concluded in 1861-1862. As they all contain the "most-favoured
nation" clause, the privileges in any one apply to all the powers,
though not always claimed. Thus America and Belgium claim under their
treaties with Turkey the right to try all their subjects, even if
accused of offences against Ottoman subjects--a claim recently made by
Belgium in the case of the Belgian subject Joris, accused of
participation in the bomb outrage of 1905 at Yildiz. One peculiar
privilege granted in the capitulations of 1675 (Art. 74) authorizes the
king of England to buy in Turkey with his own money two cargoes of figs
and raisins, in fertile and abundant years and not in times of dearth or
scarcity, and provides that after a duty of 3% has been paid thereon no
obstacle or hindrance shall be given the
|