Page:American Historical Review vol. 6.djvu/268

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258 J. B. Angell of Dalmatians and Croats, and Great Britain many Indians and Mal- tese registered as their proteges. Of course they formed lawless crowds claiming exemption from police supervision. Some of the proteges were rich merchants, whose acts caused diplomatic conflicts. It is not strange, therefore, that in 1869 the Sultan issued an iradi forbidding the naturalization of his subjects under a foreign govern- ment unless they had previously obtained his consent. Surely he had been imposed on long enough. The treaties of this century between Turkey and western Pow- ers are all based on the Capitulations, notably those of 1740. Of late years some important changes have been made. The most noteworthy are these : Down to the nineteenth century foreigners could not hold real property except under borrowed names. Since 1867 they have been allowed to hold it. Duties on imports were formerly only three per cent. Now they are eight per cent, but can be raised only by treaty. Since 1 868 the inviolability of the domicile of a foreigner is limited to residences within nine hours' journey of a consular post. Questions of real property are de- termined in an Ottoman court. Religious freedom is confirmed in all the treaties. Naturally enough Turkej' has made repeated efforts to annul the Capitulations. She tried to do this at the Paris Congress of 1856, and again in 1862. But the Powers generally have been un- willing to yield to her desire. Germany, whose policy for some years has been to secure the favor of the Sultan, renounced the Capitulations ten years ago, but under the most favored nation clause in her treaties retains the same privileges as others. All the Powers except the United States have surrendered in large degree their exterritorial jurisdiction over their subjects, though the consul of the subject accused of crime attends his trial, and if in- justice is threatened, his case is made a matter of diplomatic con- sideration. Our insistence on exterritorial jurisdiction over our citizens ac- cused of crime now results in the miscarriage of justice. For the Turkish government declines to furnish witnesses, and allows the culprit to escape. It maintains that we have no right to exercise the jurisdiction we claim. It affirms that our copy of the treaty is not correct. There is great need of the adjustment of the question by the negotiation of a new treaty. We have also a constant source of difficulty with Turkey in re- spect to naturalized Armenians. Many come to this country and take our naturalization papers and return home as American citizens. But the Sultan recognizes no naturalization since 1869, unless it