Not That A Sultan Of Morocco Is Necessarily Bad Or Worse Than An
European Sovereign, But Because A Personage Of
Such power and character,
armed with unbounded attributes of despotism over his own subjects, who
are considered his Abeed, or
Slaves, whilst feebly aided by the
perception of the common rights of men, and imperfectly acquainted with
European civilization, can never, unless, indeed by accident or miracle,
justly decide upon the case of an Englishman, or upon a dispute between
his own and a foreign subject; for besides the ideas and education of
the Emperor, there is the necessity which his Imperial Highness feels,
despot as he is, of exhibiting himself before his people as their
undoubted friend and partial judge.
So strongly have Sultans of Morocco felt this, that many anecdotes might
be cited where the Emperor has indemnified the foreigner for injury done
to him by his own subjects, whilst he has represented to them that he
has decided the case against the stranger. It is surprising how a
British Government could surrender the settlement of the dispute of
their subjects to the final appeal of the Court of Morocco in the
nineteenth century, and, moreover, allow them to be decided, according
to the maxims of the Mohammedan code, or comformable to the Moorish law!
It is not long ago since, indeed just before my arrival in Morocco, that
the Emperor decided a dispute in rather a summary manner, without even
the usual Moorish forms of judicial proceedure by decapitating, a
quasi - European Jew, under French protection, and who once acted as the
Consul of France.
There is something singularly deficient and wrong, although to persons
unacquainted with Barbary, it looks sufficiently fair and just, in the
provision - "he (the English guilty subject) shall not be punished with
more severity than a Moor could be," fairly made? In the first place,
although this does not come under the idea of "serious personal injury,"
would the English people approve of their countrymen suffering the same
punishment as the Moors for theft, by cutting off their right hand?
Moors and Arabs have been so maimed for life, on being convicted of
stealing property to the value of a single shilling! Who will take upon
himself to enumerate the punishments, which may be, and are inflicted
for grave offences? It may be replied that this stipulation of punishing
British subjects, like Moorish, is only on paper, and we have no
examples of its being put into execution. I rejoin, without attempting
to cite proof, that, whilst such an article exists in a treaty, said to
be binding on the Government of England as well as Morocco, there can be
no real security for British subjects in this country; for in the event
of the Maroquines acting strictly upon the articles of this treaty, what
mode of inculpation, or what colour of right, can the British Government
adopt or shew against them? and what are treaties made for, if they do
not bind both parties?
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