Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-07-09
CAPITULATIONS IN THE ORIENT.

Circassia and Constantinople laden with
Jewels and precious stones-these might b.
sconfiseateG unQuestioned.
lsmail Pacha khedive was more sirned
against than SHINING, being led to reckless
expenditure by the legitimate ambition to
establish the independence and autonomy of
Egypt Tin which General Sherman. then gen
eralissimo of the United States army lent
him aid and encouragement by sending him
American officers). lsmail in 1876 was
bankrupt and face to face with threatened
dethronement.
The KhedIve in desperation turned to
the Moufretich for aid Alas. he found to
his unutterabIe horror and cha
Egyptian grin that Sadyk had nnticipat-
ed the inevitable by secretly
becoming Italian subject.
Abandoned thus In a moment of peril by one
who had become powerful because of his IA
vors. Iymail. to cite the words of Mr.. Wv
ian. the British consul general. in his official
dispatch. decided TO finish by one OF those
dramatic incidents which one may see only
In history and oriental life" Ismail invited
Sadyk to accompany him In his coupe to the
palace of Kasr-el-Ni where he left him in
the hands of the governor of Cairo while
the Khedive turned his back upon his I'M
faithful Moufetich forever.
The curtain fell finally upon the tragedy
enacted at the palace on the Nile on the
10Th OF June. 1879. when Ismail Khedive alb
dicated the throne in favor of his eldest
son. Mohammed Thewfick.
The first statute in the United States to
affirm the capitulations and exterritorial
under the title of judicial Functions in
Semi-civilized Lands Section r s, 1883
says: ITO carry into full effect the prov
sions of the treaties of the United States
with China. Japan. SIAM Egypt and NADIA
gascar. respectively. the minister and con-
sus of the United States duly appointed
to reside in each Of these countries by the
provisions of such treaties respectively be
invested with the judicial authority herein
described
Under the provisions of this act, stephen
P. Miriam. American citizen, born in
Smyrna. formerly a soldier during the civil
andria, Egypt. July II, 1879. charged
with the murder Of Alexander Dahan.
a riah or ottoman subject Howard
Maynard. United States minister AT
Constantinople, presided as judge. aided
by one or more persons, among whom was
the United States vice consul. Greek.
we'll known personal enemy to the accused
Miriam was convicted of murder In the
first degree June ~. 1880; sentenced to DE
executed October, 1880; sentence committed
by President Hayes to imprisonment for
life. July % 1880. The prisoner was trans
ferred from the consular prison at smyrna
to Albany penitentiary August, lSS2-
| The writer had known Miriam during ms
| military service in Egypt NSE-iSi3)' NIT
! zan indeed, was known to all the American
officers in Alexandria. where, the only Amer
lean citizen except the missionaries, his en-
! thusiastic devotion to the flag of his adopt
| ed country was marked by flnglng IL 70 the
| breeze from his residence on the SIKH
Cherif Pache on all national fete Gays.
| American officers present Will recall MS
| marriage to the gentle and beautiful Greek
| maiden in 1871. whose devotion IN me uaI
| days of prison life which foloweo shi ne
| ont as a bright light from her ciouded ne
| The writer was retired from the Egyptian
| army. and student at Columbia Law
School. New York,
| Constitutionality class of 80. when he
| received from Mrs.
0uest1oneu' Miriam the most pa
| thetic and touching appeal to save hel
| husband Although the constituuonaNiy o'
| consular courts with criminal Jurisoicuoh
had then been unchallenged. the writer teiI
! that IT would be inevitably a violat on
of the spirit and letter of the Constitution
/ From his seat in the class he asked ana
| obtained permission to submit the case lie
first read Mrs. Mirzan's letter ana then
| cited articles and G, of amendments to the
| Constitution. which held that no person on
| shall be held to answer for capital OF
| otherwise infamous crime unless on a pre-
| sentiment or indictment of grand jury
| nor deprived of life liberty or property
! without due process of law; and that in all
| criminal prosecutions the accused shall en-
! 10y the right of trial by an impartial
| jury ." None of these conditions
| had been complied with by the consular
court Was not the conviction OF Miriam
| manifestly unconstitutional? Prof. Dwight
| replied that the point was well taken and
| reserved his counsel. &c. The writer adds
| that 1t was not until 1885 hat Miriam was
finally pardoned and released. When the
! writer was in Egypt In 1890 Miriam and his
wife visited him to express their joy and
| gratitude at Mirzan's liberation, kindly at
| tributed to the writer's Intervention.
! Mr. Blaine, in communication to Presl-
| dent Arthur. dated December 10. 1881. de-
| ciared that the Section-40S3-wa not only
| unconstitutional but impolitic and advised
/ the establishment of judicial tribunals in
place of consular courts. &c.
| Japan's victory over China in 1894 gave
her courage to denonunce the treaties which
| ton that her justice was insufficient and
| cassed her among the "semi-civilized
| lands" Article XVIII Of the treaty with
Japan, dated November %. 1894. declares
| that the jurisdiction formerly exercised in
Japan by United States courts is hereafter
| exercised by Japanese courts.
| Egypt was excepted from the consular
| jurisdiction over all civil actions by proc
| lamation of the President of the United
| States. dated March 81, 1876. in accordance
| with an act OF Congress dated March 3D.
| 1874
| The capitulations have ceased by reason
| of the assimilation of European habits
customs and civilization in several other
! states, among them Greece, the Balkans
| Algeria and Tunis now under the protecto-
| rate OF France. CHI. CHAILLE-LONG.