The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1914-09-29
JUSTICE ACCORDING TO KORAN
IS APPALLING TO FOREIGNERS
Strong Reasons Why United States and Other Nations
Should Not Consent to the Attempted Abrogation Of
the Turkish Capitulations

missionary effort. The Noslem con-
queror, realizing that it was up TO
him to administer the conquered
lands, sought help from the methods
of administration which ne found in
operation. Besides the ordinary orga-
iZation of the State, he found also
various ecclesiastical organizations,
Christian and Jewish and to these he
gave over the administration of the
nOn-Moslem sections Of h cOmmu-
nity, making their rabbiS and bishops
their responsible heads and links OF
contact with the Moslem rulers.
Following the same methods OF
leaving contemptuously the unbeliev-
er to settle his affairs for himself,
the foreign merchant, living and
trading in Turkey, Persia, Egypt and
in other Moslem States, was put, first
by usage and finally by treaty, under
the jurisdiction and control Of his
own Consul-nOt as a matter Of prl-
yilege, but because he was regarded
as too deSpicable to be worthy Of the
enjoyment of the benefits Of MoSlem
justice, based on the Koran.
In this way there grew UP the ex-
territorial law of the capitulations, by
which the immunity Of the person,
the household and the property Of
! an Ambassador from native jurisdic-
ton is extended to every one OF his
fellow citizens ever to those Of them
whom AVE become SO by naturaliza-
ton. In proportion as the power and
might of the MOslem State diminish
ed and those of the foreign powers
increased so did the capitulatiOnS be-
come more and more an important
factor in the countries subject to Mo-
hamnledan rule, and it has ended by
creating in each Moslem empire or
kingdom as many foreign Independent
States as there are foreigners in the
land. AS a proof that this is not the
result Of conquest, it may be pointed
out hat Switzerland, Portugal, Bel
GUM and even little Denmark enjoy
the same ex-territorial rights in Tur-
key, Persia and Egypt as the United
States, Great Britain, France, Rus
STA and Germany.
Extended to Other Countries.
The consular courts were found by
the foreign powers to work so well
in MOSlem countries, and to furnish
SO much protection of life and prop
erty to their subjects residing in these
Mohammedan States, that the system
was extended to all other Oriental
nations, and ex-territorial rights and
capitulatiOnS were obtained, not as q
cOntemptuous free gifts, as in the
case of Moslem States, but by supe-
rior force, from the governments o.
China, Siam and japan. In China
they have still been retained. But
Japan has been successful in secur-
ing the consent Of the foreign power.
to their abolition.
If this concession was made in 1879!
to the Mikado's government it wa
because the latter had adopted a civi
| and criminal code Of the most pro
gressive and enlightened charactel
and which, elaborated by a commits
, sion of tho oh1QCi lanannca and for
> eiSn j~urists, h latter predOminating
had received the approval Of all Q
the foreign Powers who had like
. wise assured themselves of the relia
! bic character Of the judiciary and Q
the thoroughly to date police al
prison systems. 1t is only fair t
! state tina during the fifteen year
. which have elapsed since then tn
foreign Powers have never had tn
: slightest occasion to regret their con
- sent to the abrOgatiOn of the Capitu
~lations in the Land of the Rising Sur
O 1t is quite probable hat the Sui
: tan's Ambassador at Washington, win
= Is an Austrian by birth, and who onl
4 abJured Christianity last May at Con
y s~tantinople, m a in his zeal as a ne'
convert to Islam insist hat Turke
too has all up to date civil INT Grim
= inal code, elaborated by foreign an
Ottoman ~jurists. That is perfect
II true. 1t is q sort OF unWOrkabl
blend Of the Code Napoleon, and {
the 1slamic Cheriat and Multeka, an
II ii exists merely for show.
How little Importance can be al
s. tached thereto is apparent from til
admissions of Nejmeddin Rey, a Mil
e lister Of Justice of the new regime {
j. Constantinople. In the midst Of or
OF his enthusiastic exord1ums cor
er corning the reforms inaugurated /
ir his Government in the administratio
vi of laws, in the personnel of the jud
ciary and in the enforcement of tt
G. new code he was interrupted with
question as to whether his probe
ad provided for a system Of justice. con
a mon alike to MOslem, to Christia.l Or
IS, TO Jews, which would place them q
Id on an equal footing and endow the
In with the same rights in the eyes of II
,ir law. He suddenly paused, made !
rs attempt to conceal his horror and di