In Illustration Of The Way In Which British Subjects Have Their Disputes
Sometimes Settled, According To Articles VII And VIII, I Take The
Liberty Of Introducing The Case Of Mr. Saferty, A Respectable Gibraltar
Merchant, Settled At Mogador.
A few months before my arrival in that
place, this gentleman was adjudged, in the presence of his Consul, Mr.
Willshire, and the Governor of Mogador, for repelling an insult offered
to him by a Moor, and sentenced to be imprisoned with felons and
cut-throats in a horrible dungeon.
However, Mr. Saferty was attended by
a numerous body of his friends; so when the sentence was given, a cry of
indignation arose, a scuffle ensued, and the prisoner was rescued from
the Moorish police-officers. Mr. Willshire found the means of patching
up the business with the Moorish authorities, and the case was soon
forgotten. "All's well that ends well."
I do not say that the Moors are determinedly vindictive, or seek
quarrels with Europeans; on the contrary, I believe the cause of the
dispute frequently rests with the European, and the bona-fide agressor,
some adventurer whose conduct was so bad in his own country, that he
sought Barbary as a refuge from the pursuit of the minister of justice.
What I wish to lay stress on is, the enormous power given to the
Emperor, by a solemn treaty, in making him the final judge, and the
imminent exposure of British subjects to the barbarous punishments of a
semi-civilized people.
Article X is a most singular one. "Renegades from the English nation, or
subjects who change their religion to embrace the Moorish, they being of
unsound mind at the time of turning Moors, shall not be admitted as
Moors, and may again return to their former religion; but if they
afterwards resolve to be Moors, they must abide by their own decision,
and their excuses will not be accepted."
It was a wonderful discovery of our modern morale, that a renegade,
being a madman, should not be considered a renegade in earnest, or
responsible for his actions. Nevertheless, these unfortunate beings,
should they have better thoughts, or as mad-doctors have it, "a lucid
interval," and leave the profession of the Mahometan faith, and
afterwards again relapse into madness, and turn Mahometans once more,
are doomed to irretrievable slavery, or if they relapse, to death
itself; the Mahometan law, punishes relapsing renegades with death. This
curious clause says, "that though being madmen, they must abide their
decision (of unreason) and their excuses will not be accepted." This
said article was confirmed as late as the year 1824 by the
plenipotentiary of a nation, which boasts of being the most free and
civilized of Europe, and whose people spend annually millions for the
conversion of the heathen, and the extinction of the slave-trade.
The last clause of Article IV also demands our attention, viz. "And if
any English merchant should happen to have a vessel in or outside the
port, he may go on board himself, or any of his people, without being
liable to pay anything whatever."
Now in spite of this (but of course forgotten) stipulation, the
merchants of Mogador are not permitted to visit their own vessels, nor
those of other persons which may happen to be in or outside the port.
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