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XXIII. AMERICAN RIGHTS
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It has been stated by American officials in 1895 and 1896 that the missionaries1, having forced themselves into Turkey against the will of the government, had no legal rights there and no claim to protection. The officials who made these statements must have been wilfully2 ignoring the facts of recent history. The missionaries were supported and encouraged by the three sultans, Mahmud the strong, Abd-ul-Medjid the weak, and Abd-ul-Aziz the weaker. They stand on a firm basis of treaties, special enactments3, and concessions4,—a basis in which the present sultan, with all his acuteness and his hatred6 of mission work, could find no flaw. Had it been possible to argue with a shadow of plausibility7 that the mission was against the law, or that it was not guaranteed by enactments inviolable even by a sultan protected by the six Powers, the property would have been destroyed and the mission silenced. The attempt was made, but failed; and the action of officials who destroyed mission property at Kharput, etc., was ostensibly disowned.

Further, the action of strong, free American life in Turkey must always tend to strengthen the movement there towards that freer and more elastic8 order which belongs to all the English speaking peoples. But, though the mission work has, undoubtedly9, exerted a great influence on the political situation in Turkey, the mission policy has studiously and consistently been non-political, and has zealously10 inculcated the doctrine11 of non-resistance and obedience12 to the existing government.

—Prof. W. M. Ramsay, D. C. L.
in Preface of “Impressions of Turkey.”

[Pg 241]

The right to exercise their functions as a class possessing special privileges had been granted to ecclesiastics13 of Christian14 nations by the voluntary extension of the Edict of Toleration of 1453 given by the Ottoman government after the fall of Constantinople. Turkish usage for nearly four hundred years was the warrant for the entrance of American missionaries into the country and their assurance of immunity15 from official molestation16.

They entered without diplomatic negotiations17 between the United States and Turkey. Not, indeed, till ten years after American missionaries had begun work in Turkey was the first treaty between the United States and that country concluded. Previous to that time the missionaries were protected by England, which had treaties with the Ottoman government conceding extra-territorial rights to all British subjects. The Sublime18 Porte did not seem to recognize any difference between an English subject and an American citizen for all were “Frank Christians” to him, hence the protection afforded was ample.

It cannot be predicted as in the case of most countries how many and what ordinary international rights will be conceded to foreigners by the Ottoman government. Rights in Turkey are based not upon any principle of international law usually prevailing19 between Christian nations but upon special treaties which bear the name of “Capitulations” and “Concessions.” Intercourse20 of the Christian world with Mohammedan countries does not proceed according to the law of [Pg 242] nations. International law as practised by the civilized21 nations of Christendom is an outgrowth from the communion of ideas existing between them and rests upon a common conception of justice and right. Between the Mohammedans and the Christian nations of Europe and America there exists no such common idea or principle from which could result a true international law. Relations one with the other have, therefore, to be regulated by special “capitulation” or “concession5” granted by the ruler of the Mohammedan country.

For this reason, even to the present time, the law of nations as known and practised throughout Christendom has not been applied22 in the relations existing between Turkey and the Christian Powers. But ever since the Sublime Porte, under stress of circumstances, began to abandon most reluctantly and by slow degrees its ancient usages towards other nations, and imperfectly to adopt those of Christendom, its rule of international conduct has gradually approached that of Europe.

A capitulation on the part of the Turkish empire is regarded by the sultan and his associates as a concession to foreigners, which they have a right at any time to annul23 or destroy if, in their judgment24, such annulment25 or destruction is for their advantage. The sultan does not wish to consider a capitulation as imposing26 a perpetual obligation upon him or his officials. It is a privilege rendered foreign powers which can be withdrawn27 without notice and without explanation. Only in view of these facts can the treatment of missionaries and other foreigners by the officials of Turkey be understood.

The Porte has agreed at various times to exercise no preference towards any of the states with which it has treaties, but to make them all [Pg 243] share alike in the benefits of the provisions contained in the treaties it has entered into with each. In all its treaties of commerce since 1861, the expressed statement is, “That all the rights, privileges, or immunities28 which the Sublime Porte now grants or may hereafter grant to the subjects, vessels29, commerce, or navigation of any other foreign power, the enjoyment30 of which it shall tolerate, shall be likewise accorded and the exercise of the enjoyment of the same shall be allowed, to the subjects, ships, commerce, and navigation of the other powers.” It is evident from this quotation31 that every nation holding treaty with Turkey has equal rights and privileges with those of any nation treating with the Ottoman government.

Without dwelling32 at length upon the various treaties and the steps which led to their formation, it will suffice to say that these include, among many other things, the following privileges:

Permission to foreigners who come upon Moslem33 territory freely to navigate34 the waters and enter the ports of the same, whether for devotion and pilgrimage to the holy places, or for trading in the exportation and importation of every kind of unprohibited goods. Exception is made, however, with reference to the Hejaz Province in which the two holy cities of Islam are located.

Freedom to follow on Moslem ground one’s own habits and customs, and perform the rites35 and fulfil the duties of one’s own religion.

Right of foreigners to be judged by the ambassadors and consuls36 of their respective governments in suits both civil and criminal, between one another, and the obligation of the local authorities to render aid to the consul37 in enforcing his decision and judgment concerning the same. [Pg 244]

Inviolability of foreigners’ domiciles and, in event of urgent necessity for arresting a delinquent38, obligation of government officials not to enter the dwelling-place of a foreigner without having previously39 notified the ambassador or consul, and unless accompanied by him or his deputy.

These statements are sufficient to show that merchant, traveler, and missionary40 in Turkey are there as foreigners, and as such they and their domiciles are under foreign protection. They have the privilege of holding property and of buying and selling the same. Mission Boards and foreign companies, being foreign corporations, cannot hold property in the empire. All property real and personal is held in the name of an individual. Exception is made in the case of the schools which have a firman (imperial irade) or which have obtained formal recognition from the sultan, in which case the institution itself holds the property in its own name, being a recognized chartered institution.

It is well that the missionary and merchant have been and still are independent of the Turkish officials, for, with the ignorance of those in the interior and their readiness to play into the hands of every rival or persecuting41 agency, there would be constant liability to arrest, imprisonment42, and even deportation43. In spite of the extra-territorial laws, missionaries and merchants repeatedly have been put under arrest for imaginary charges, and otherwise officially annoyed. These difficulties have been met in quietness and overcome without loss of position or prestige. In no instance has a missionary been arrested for an actual crime or misdemeanor. The usual charge against them is that they are plotting against the government, and the officers make attempts to search their houses for documentary evidence [Pg 245] and for arms. These various evidences of hostility44 have not seemed to strain the generally friendly relations existing between the missionaries and the local governments.

Perhaps it should be stated here that all foreign capital invested in the country is held in the same way and has the same foreign protection. This is true of all Catholic institutions, Russian churches, monasteries45, and schools, German orphanages46, and mercantile warehouses47, English residences, and stores,—everything that belongs to foreigners representing foreign capital is under foreign protection.

At the same time it is recognized that the school, hospital, or church which occupies one of these foreign buildings is a foreign institution and as such has, according to the Turkish capitulations, special immunities and privileges. All dealings with the Turkish government, even to the present time, are based upon this supposition. This does not seem strange or unnatural48 to the Turkish government, which permits the English, German, French, Austrian, and other governments to have their own post-offices at Constantinople, Smyrna, and other ports, in which they sell only their own postage-stamps and conduct all the postal49 business they can procure50.

Under treaty rights above quoted, every concession or privilege granted by the sultan to the schools, churches, hospitals, or institutions belonging to England, France, Russia, or any other country, belongs by right to American institutions. The fact that America was discriminated51 against in this respect for many years, and that American institutions were thus deprived of privileges and concessions which had been conceded to similar institutions of several European powers, is well known, both at Constantinople, and in the United States. Happily these matters have now been adjusted. [Pg 246]

After seven years of negotiations, in 1907 the sultan finally conceded in a formal manner the same rights and privileges to American institutions in his dominion52 which had already been granted to similar institutions of France, Russia, Germany and other countries; but as yet in most cases this concession exists largely in form, while the actual enjoyment of the privileges is withheld53. At the same time insuperable obstacles are thrown in the way of the purchase of real estate by Americans and they are even forbidden to improve property which they have already acquired. It is only by eternal vigilance that American interests in Turkey can be safeguarded.

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1 missionaries 478afcff2b692239c9647b106f4631ba     
n.传教士( missionary的名词复数 )
参考例句:
  • Some missionaries came from England in the Qing Dynasty. 清朝时,从英国来了一些传教士。 来自《简明英汉词典》
  • The missionaries rebuked the natives for worshipping images. 传教士指责当地人崇拜偶像。 来自《现代汉英综合大词典》
2 wilfully dc475b177a1ec0b8bb110b1cc04cad7f     
adv.任性固执地;蓄意地
参考例句:
  • Don't wilfully cling to your reckless course. 不要一意孤行。 来自辞典例句
  • These missionaries even wilfully extended the extraterritoriality to Chinese converts and interfered in Chinese judicial authority. 这些传教士还肆意将"治外法权"延伸至中国信徒,干涉司法。 来自汉英非文学 - 白皮书
3 enactments 5611b24d947882759eed5c32a8d7c62a     
n.演出( enactment的名词复数 );展现;规定;通过
参考例句:
  • The enactments specified in Part 3 of Schedule 5 are repealed. 附表5第3部指明的成文法则现予废除。 来自互联网
  • On and after April 1st the new enactments shall be enforced. 从4月1日起实施新法令。 来自互联网
4 concessions 6b6f497aa80aaf810133260337506fa9     
n.(尤指由政府或雇主给予的)特许权( concession的名词复数 );承认;减价;(在某地的)特许经营权
参考例句:
  • The firm will be forced to make concessions if it wants to avoid a strike. 要想避免罢工,公司将不得不作出一些让步。
  • The concessions did little to placate the students. 让步根本未能平息学生的愤怒。
5 concession LXryY     
n.让步,妥协;特许(权)
参考例句:
  • We can not make heavy concession to the matter.我们在这个问题上不能过于让步。
  • That is a great concession.这是很大的让步。
6 hatred T5Gyg     
n.憎恶,憎恨,仇恨
参考例句:
  • He looked at me with hatred in his eyes.他以憎恨的眼光望着我。
  • The old man was seized with burning hatred for the fascists.老人对法西斯主义者充满了仇恨。
7 plausibility 61dc2510cb0f5a78f45d67d5f7172f8f     
n. 似有道理, 能言善辩
参考例句:
  • We can add further plausibility to the above argument. 我们可以在上述论据之外,再进一步增添一个合理的论据。
  • Let us consider the charges she faces, and the legal plausibility of those charges. 让我们考虑一下她面临的指控以及这些指控在法律上的可信性。
8 elastic Tjbzq     
n.橡皮圈,松紧带;adj.有弹性的;灵活的
参考例句:
  • Rubber is an elastic material.橡胶是一种弹性材料。
  • These regulations are elastic.这些规定是有弹性的。
9 undoubtedly Mfjz6l     
adv.确实地,无疑地
参考例句:
  • It is undoubtedly she who has said that.这话明明是她说的。
  • He is undoubtedly the pride of China.毫无疑问他是中国的骄傲。
10 zealously c02c29296a52ac0a3d83dc431626fc33     
adv.热心地;热情地;积极地;狂热地
参考例句:
  • Of course the more unpleasant a duty was, the more zealously Miss Glover performed it. 格洛弗小姐越是对她的职责不满意,她越是去积极执行它。 来自辞典例句
  • A lawyer should represent a client zealously within the bounds of the law. 律师应在法律范围内热忱为当事人代理。 来自口语例句
11 doctrine Pkszt     
n.教义;主义;学说
参考例句:
  • He was impelled to proclaim his doctrine.他不得不宣扬他的教义。
  • The council met to consider changes to doctrine.宗教议会开会考虑更改教义。
12 obedience 8vryb     
n.服从,顺从
参考例句:
  • Society has a right to expect obedience of the law.社会有权要求人人遵守法律。
  • Soldiers act in obedience to the orders of their superior officers.士兵们遵照上级军官的命令行动。
13 ecclesiastics 8e35e35ee875d37db44c85c23529c53f     
n.神职者,教会,牧师( ecclesiastic的名词复数 )
参考例句:
14 Christian KVByl     
adj.基督教徒的;n.基督教徒
参考例句:
  • They always addressed each other by their Christian name.他们总是以教名互相称呼。
  • His mother is a sincere Christian.他母亲是个虔诚的基督教徒。
15 immunity dygyQ     
n.优惠;免除;豁免,豁免权
参考例句:
  • The law gives public schools immunity from taxation.法律免除公立学校的纳税义务。
  • He claims diplomatic immunity to avoid being arrested.他要求外交豁免以便避免被捕。
16 molestation f7008a1bafc8cde16fe27be6848fdede     
n.骚扰,干扰,调戏;折磨
参考例句:
  • Michael Jackson is arrested by police on charges of child molestation. 2003年的今天,迈克尔·杰克逊因被警方指控有儿童性骚扰行为而被捕。 来自互联网
  • Jackson pleads not guilty on the molestation charges. 2004年:杰克逊认罪不认罪的性骚扰指控。 来自互联网
17 negotiations af4b5f3e98e178dd3c4bac64b625ecd0     
协商( negotiation的名词复数 ); 谈判; 完成(难事); 通过
参考例句:
  • negotiations for a durable peace 为持久和平而进行的谈判
  • Negotiations have failed to establish any middle ground. 谈判未能达成任何妥协。
18 sublime xhVyW     
adj.崇高的,伟大的;极度的,不顾后果的
参考例句:
  • We should take some time to enjoy the sublime beauty of nature.我们应该花些时间去欣赏大自然的壮丽景象。
  • Olympic games play as an important arena to exhibit the sublime idea.奥运会,就是展示此崇高理念的重要舞台。
19 prevailing E1ozF     
adj.盛行的;占优势的;主要的
参考例句:
  • She wears a fashionable hair style prevailing in the city.她的发型是这个城市流行的款式。
  • This reflects attitudes and values prevailing in society.这反映了社会上盛行的态度和价值观。
20 intercourse NbMzU     
n.性交;交流,交往,交际
参考例句:
  • The magazine becomes a cultural medium of intercourse between the two peoples.该杂志成为两民族间文化交流的媒介。
  • There was close intercourse between them.他们过往很密。
21 civilized UwRzDg     
a.有教养的,文雅的
参考例句:
  • Racism is abhorrent to a civilized society. 文明社会憎恶种族主义。
  • rising crime in our so-called civilized societies 在我们所谓文明社会中日益增多的犯罪行为
22 applied Tz2zXA     
adj.应用的;v.应用,适用
参考例句:
  • She plans to take a course in applied linguistics.她打算学习应用语言学课程。
  • This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。
23 annul kwzzG     
v.宣告…无效,取消,废止
参考例句:
  • They have the power to alter or annul inappropriate decisions of their own standing committees.他们有权改变或者撤销本级人民代表大会常务委员会不适当的决定。
  • The courts later found grounds to annul the results,after the king urged them to sort out the "mess".在国王敦促法庭收拾烂摊子后,法庭随后宣布废除选举结果。
24 judgment e3xxC     
n.审判;判断力,识别力,看法,意见
参考例句:
  • The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
  • He's a man of excellent judgment.他眼力过人。
25 annulment edef6e1b65654844b2d42060be4e3581     
n.废除,取消,(法院对婚姻等)判决无效
参考例句:
  • The annulment caused a profound impression in Japan. 同盟的废止,在日本发生了强烈的反响。 来自辞典例句
  • Law An annulment acquittal; dismissal, of a court order. 取消,宣告无罪;法院命令的撤销。 来自互联网
26 imposing 8q9zcB     
adj.使人难忘的,壮丽的,堂皇的,雄伟的
参考例句:
  • The fortress is an imposing building.这座城堡是一座宏伟的建筑。
  • He has lost his imposing appearance.他已失去堂堂仪表。
27 withdrawn eeczDJ     
vt.收回;使退出;vi.撤退,退出
参考例句:
  • Our force has been withdrawn from the danger area.我们的军队已从危险地区撤出。
  • All foreign troops should be withdrawn to their own countries.一切外国军队都应撤回本国去。
28 immunities ed08949e3c50a798d6aee4c1f2387a9d     
免除,豁免( immunity的名词复数 ); 免疫力
参考例句:
  • Supplying nutrients and immunities to my baby? 为我的宝贝提供营养物质和免疫物质?
  • And these provide immunities against the a host of infections and diseases. 这些物质可提高婴儿的免疫力,使之免受病毒感染和疾病侵袭。
29 vessels fc9307c2593b522954eadb3ee6c57480     
n.血管( vessel的名词复数 );船;容器;(具有特殊品质或接受特殊品质的)人
参考例句:
  • The river is navigable by vessels of up to 90 tons. 90 吨以下的船只可以从这条河通过。 来自《简明英汉词典》
  • All modern vessels of any size are fitted with radar installations. 所有现代化船只都有雷达装置。 来自《现代汉英综合大词典》
30 enjoyment opaxV     
n.乐趣;享有;享用
参考例句:
  • Your company adds to the enjoyment of our visit. 有您的陪同,我们这次访问更加愉快了。
  • After each joke the old man cackled his enjoyment.每逢讲完一个笑话,这老人就呵呵笑着表示他的高兴。
31 quotation 7S6xV     
n.引文,引语,语录;报价,牌价,行情
参考例句:
  • He finished his speech with a quotation from Shakespeare.他讲话结束时引用了莎士比亚的语录。
  • The quotation is omitted here.此处引文从略。
32 dwelling auzzQk     
n.住宅,住所,寓所
参考例句:
  • Those two men are dwelling with us.那两个人跟我们住在一起。
  • He occupies a three-story dwelling place on the Park Street.他在派克街上有一幢3层楼的寓所。
33 Moslem sEsxT     
n.回教徒,穆罕默德信徒;adj.回教徒的,回教的
参考例句:
  • Moslem women used to veil their faces before going into public.信回教的妇女出门之前往往用面纱把脸遮起来。
  • If possible every Moslem must make the pilgrimage to Mecca once in his life.如有可能,每个回教徒一生中必须去麦加朝觐一次。
34 navigate 4Gyxu     
v.航行,飞行;导航,领航
参考例句:
  • He was the first man to navigate the Atlantic by air.他是第一个飞越大西洋的人。
  • Such boats can navigate on the Nile.这种船可以在尼罗河上航行。
35 rites 5026f3cfef698ee535d713fec44bcf27     
仪式,典礼( rite的名词复数 )
参考例句:
  • to administer the last rites to sb 给某人举行临终圣事
  • He is interested in mystic rites and ceremonies. 他对神秘的仪式感兴趣。
36 consuls 73e91b855c550a69c38a6d54ed887c57     
领事( consul的名词复数 ); (古罗马共和国时期)执政官 (古罗马共和国及其军队的最高首长,同时共有两位,每年选举一次)
参考例句:
  • American consuls warned that millions more were preparing to leave war-ravaged districts. 美国驻外领事们预告,还有几百万人正在准备离开战争破坏的地区。
  • The legionaries, on their victorious return, refused any longer to obey the consuls. 军团士兵在凯旋归国时,不肯服从执政官的命令。
37 consul sOAzC     
n.领事;执政官
参考例句:
  • A consul's duty is to help his own nationals.领事的职责是帮助自己的同胞。
  • He'll hold the post of consul general for the United States at Shanghai.他将就任美国驻上海总领事(的职务)。
38 delinquent BmLzk     
adj.犯法的,有过失的;n.违法者
参考例句:
  • Most delinquent children have deprived backgrounds.多数少年犯都有未受教育的背景。
  • He is delinquent in paying his rent.他拖欠房租。
39 previously bkzzzC     
adv.以前,先前(地)
参考例句:
  • The bicycle tyre blew out at a previously damaged point.自行车胎在以前损坏过的地方又爆开了。
  • Let me digress for a moment and explain what had happened previously.让我岔开一会儿,解释原先发生了什么。
40 missionary ID8xX     
adj.教会的,传教(士)的;n.传教士
参考例句:
  • She taught in a missionary school for a couple of years.她在一所教会学校教了两年书。
  • I hope every member understands the value of missionary work. 我希望教友都了解传教工作的价值。
41 persecuting 668e268d522d47306d7adbfe4e26738d     
(尤指宗教或政治信仰的)迫害(~sb. for sth.)( persecute的现在分词 ); 烦扰,困扰或骚扰某人
参考例句:
  • This endurance made old Earnshaw furious, when he discovered his son persecuting the poor, fatherless child, as he called him. 当老恩萧发现他的儿子这样虐待他所谓的可怜的孤儿时,这种逆来顺受使老恩萧冒火了。
  • He is possessed with the idea that someone is persecuting him. 他老是觉得有人要害他。
42 imprisonment I9Uxk     
n.关押,监禁,坐牢
参考例句:
  • His sentence was commuted from death to life imprisonment.他的判决由死刑减为无期徒刑。
  • He was sentenced to one year's imprisonment for committing bigamy.他因为犯重婚罪被判入狱一年。
43 deportation Nwjx6     
n.驱逐,放逐
参考例句:
  • The government issued a deportation order against the four men.政府发出了对那4名男子的驱逐令。
  • Years ago convicted criminals in England could face deportation to Australia.很多年以前,英国已定罪的犯人可能被驱逐到澳大利亚。
44 hostility hdyzQ     
n.敌对,敌意;抵制[pl.]交战,战争
参考例句:
  • There is open hostility between the two leaders.两位领导人表现出公开的敌意。
  • His hostility to your plan is well known.他对你的计划所持的敌意是众所周知的。
45 monasteries f7910d943cc815a4a0081668ac2119b2     
修道院( monastery的名词复数 )
参考例句:
  • In ancient China, there were lots of monasteries. 在古时候,中国有许多寺院。
  • The Negev became a religious center with many monasteries and churches. 内格夫成为许多庙宇和教堂的宗教中心。
46 orphanages f2e1fd75c22306f9e35d6060bfbc7862     
孤儿院( orphanage的名词复数 )
参考例句:
  • It is Rotarians running orphanages for children who have no homes. 扶轮社员们为没有家的孩子办孤儿院。
  • Through the years, she built churches, hospitals and orphanages. 许多年来,她盖了一间间的教堂、医院、育幼院。
47 warehouses 544959798565126142ca2820b4f56271     
仓库,货栈( warehouse的名词复数 )
参考例句:
  • The whisky was taken to bonded warehouses at Port Dundee. 威士忌酒已送到邓迪港的保稅仓库。
  • Row upon row of newly built warehouses line the waterfront. 江岸新建的仓库鳞次栉比。
48 unnatural 5f2zAc     
adj.不自然的;反常的
参考例句:
  • Did her behaviour seem unnatural in any way?她有任何反常表现吗?
  • She has an unnatural smile on her face.她脸上挂着做作的微笑。
49 postal EP0xt     
adj.邮政的,邮局的
参考例句:
  • A postal network now covers the whole country.邮路遍及全国。
  • Remember to use postal code.勿忘使用邮政编码。
50 procure A1GzN     
vt.获得,取得,促成;vi.拉皮条
参考例句:
  • Can you procure some specimens for me?你能替我弄到一些标本吗?
  • I'll try my best to procure you that original French novel.我将尽全力给你搞到那本原版法国小说。
51 discriminated 94ae098f37db4e0c2240e83d29b5005a     
分别,辨别,区分( discriminate的过去式和过去分词 ); 歧视,有差别地对待
参考例句:
  • His great size discriminated him from his followers. 他的宽广身材使他不同于他的部下。
  • Should be a person that has second liver virus discriminated against? 一个患有乙肝病毒的人是不是就应该被人歧视?
52 dominion FmQy1     
n.统治,管辖,支配权;领土,版图
参考例句:
  • Alexander held dominion over a vast area.亚历山大曾统治过辽阔的地域。
  • In the affluent society,the authorities are hardly forced to justify their dominion.在富裕社会里,当局几乎无需证明其统治之合理。
53 withheld f9d7381abd94e53d1fbd8a4e53915ec8     
withhold过去式及过去分词
参考例句:
  • I withheld payment until they had fulfilled the contract. 他们履行合同后,我才付款。 来自《简明英汉词典》
  • There was no school play because the principal withheld his consent. 由于校长没同意,学校里没有举行比赛。 来自《简明英汉词典》


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