Northern Times.
Liverpool, Merseyside, England, 1857-09-28 00:00:00

TURKEY,

CONSTANTINOPLE, SEPT. 16.
At the most glorious epoch of Turkish history,
when the sword, of Mahomet was wielded by the
mighty arm of Soliman the Magnificent, and the
fame 'of Turkish prowess filled all Europe with
alarm, the alliance of the Sultan was solicited and
obtained by the King ofFrance. The tradition of
the crusades was forgotten, and the banner of the
'Most Christian King floated by the standard of
Mahomet at the bombardment of Nice by the com-
bined French and Ottoman navies. At such a time

a victorious Sultan did not see any weaknessin grant
ing at the request of his ally, certain privileges and
immunities to the few Frenchmen who, attc_ t- this
alliance, had come to seek a fortune in Constan-
tinople and two or three other towns of the Empire.
There was a precedent to these privileges in those
enjoyed already by the Christian subjscis of the
-Porte,- who, ever since the conquest, had in many
respects remained quite independent of the juris-
iliation of Turkish tribunals. In course of time, as
intercourse with Christian nations increased, the
stipulations made with France served to regu-
late the position of the subjects of other Powers.
Special treaties were concluded with Venice and
Poland, and afterwards with England, in the reigns
"of Queen Elizabeth, James 1., Charles 1., and
Charles 11., and finally all the foregoing arrange-
ments were embraced in the cacitulations and
treaty of peace concluded at the Dardanelles the
sth of January, 1809, by S.r Robert Adair. The
benefit of these capitulations haYing been succez--
sively claimed by and granted to every other
Power, they have become the law of foreigners in
Turkey. Thus it has happened that- con-
- Cessions granted originally as a favour by a
powerful Sultan to a friendly King have
ended by creating a most singul.ar position in
Turkey to a
,numerous and continually inergasing
population ojoreigners, and in the hands of a
weak goyernment...are every day becoming a serious
clog to the Administration in the settlement of
the...simplest matters.. To meet the exigencies of
the capitulation, the foreign powers have hitherto
been content to attribute a certain degree of judi-
cial authority to their representatives and Consuls
in Turkey, an authority, however, variously defined
by the various Powers, and -at various times. Men
of legal education have usually been appointed to
fill the Consular -offices.
British consuls alone have not generally been
saleeted on account of any knowledge of the law.
As the relations of England and Tu-key have in-
creased, so has the number of British subjects in
Turkey. Cases greater both in iniportance and in
difficulty arise every day. Litigation is so fre-
quent, and the interests at stake so great, that it
has been found worth the while of members of the
Itlitglish bar to establish themselves in -Constanti-
nople, and practice at the Corisnlar Court. :If-the
common sense, experience, and judgment of a con-
sul may be insufficient sometimes to unravel the diffi-
culties of a cause- which is not embarrassed by any
technicalities, what must it be to decide, without
full knowledge of the lacy, when two conflicting
barristers have severally thrown every possiole ob
county in the way of a right judgment? The de-
fects of the system were evident for a long time
past, and already, more than a year ago a local
commission reported On the condition of the Con-
sular Establishment in Turkey, and ppiposed
several important alterations. A. .recent order.in
Council, adopting some of the suggestions then.
made, creates an entirely new order of things, more
especially as regards the Consulate-General in Con,
stantinople. . .
All judicial authority hitherto vested in lit

Majesty's Consul Geceral will henceforth appertain
to a Consular Court, presided over by a Supreme
Judge. The Supreme Judge will decide, with
or without assessors selected by himself, in all
civil oases, and in all criminal cases which do not
amount to more than •a. misdemeanour. In all
criminal cases of a higher order, but which do not
amount to a capital effence, judgment will be given
on the verdict of a jury of six persons. Capital
offences, will be tried as before, in Malta, Corfu.
or Eogland. The Consular Court will decide all
appeals..from„ the decisions of the Consuls at the
outports. The right of deciding appeals, hitherto
enjoyed by her Hsjesty's Ambassador, will no
longer exist. Appeals from the Consular Court
will be to the Privy Counci'. The Supreme Judge
will also be Vicc-Consul, so that he will be in
direct communication with the local authorities,
and with the Consulates of the other Pow,ts He
will have a legal Vice-Consul under him, and
also one legal clerk. The Supreme Judge
has already been appointed. It is Mr.
Hamby, who, as Commissioner for 'the Turkish
Loan in Constantinople, and arbitrator for the
settlement of claims on the British Government
after the late war, made himself very favourably
known to every one here. The selection could not
be more judicious Mr. Hornby, with an intimate
knowledge of the law, is no favourite of its
Unnecessary technicalities and complicated forms
of procedure, which would be especially out of
place in this country; for, if a regular court were
to introduce the slow habits of some of the English
Courts, and to change the Consulate into a real
Chancery, it were preferable to preserve the old
system. But there seems no fear of such a result
under the present judge.
Mr. Hornby will arrive very shertly,bringing with
him his Vice-Consul, Mr. Roth. The new regula-
tion will come in force the first November, and a
fortnight previously Mr. Hornby will inform the
public of the forms of procedure to be observed in
the new Court, and which are left entirely to his
discretion. The Supreme Judge will receive a
salary of £2,000 per annum. The Consul-General
will henceforth have time to attend to his other
duties, which have naturally suffered by the legal
business of the Consulate engrossing almost all his
time and attention. The numerous correspondence
with the Consuls and Vice-C)nsula at the out-