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
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| n.传教士( missionary的名词复数 ) | |
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wilfully
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| adv.任性固执地；蓄意地 | |
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enactments
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| n.演出( enactment的名词复数 )；展现；规定；通过 | |
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concessions
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| 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 | |
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concession
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| n.让步，妥协；特许(权) | |
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hatred
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| n.憎恶，憎恨，仇恨 | |
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plausibility
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| n. 似有道理, 能言善辩 | |
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elastic
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| n.橡皮圈，松紧带；adj.有弹性的；灵活的 | |
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undoubtedly
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| adv.确实地，无疑地 | |
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zealously
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| adv.热心地；热情地；积极地；狂热地 | |
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doctrine
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| n.教义；主义；学说 | |
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obedience
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| n.服从，顺从 | |
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ecclesiastics
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| n.神职者，教会，牧师( ecclesiastic的名词复数 ) | |
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Christian
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| adj.基督教徒的；n.基督教徒 | |
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immunity
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| n.优惠；免除；豁免，豁免权 | |
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molestation
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| n.骚扰，干扰，调戏；折磨 | |
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negotiations
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| 协商( negotiation的名词复数 )； 谈判； 完成（难事）； 通过 | |
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sublime
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| adj.崇高的，伟大的；极度的，不顾后果的 | |
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prevailing
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| adj.盛行的；占优势的；主要的 | |
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intercourse
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| n.性交；交流，交往，交际 | |
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civilized
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| a.有教养的，文雅的 | |
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applied
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| adj.应用的；v.应用，适用 | |
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annul
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| v.宣告…无效，取消，废止 | |
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judgment
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| n.审判；判断力，识别力，看法，意见 | |
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annulment
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| n.废除，取消，（法院对婚姻等）判决无效 | |
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imposing
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| adj.使人难忘的，壮丽的，堂皇的，雄伟的 | |
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withdrawn
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| vt.收回；使退出；vi.撤退，退出 | |
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immunities
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| 免除，豁免( immunity的名词复数 )； 免疫力 | |
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vessels
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| 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 | |
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enjoyment
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| n.乐趣；享有；享用 | |
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quotation
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| n.引文，引语，语录；报价，牌价，行情 | |
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dwelling
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| n.住宅，住所，寓所 | |
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Moslem
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| n.回教徒，穆罕默德信徒；adj.回教徒的，回教的 | |
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navigate
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| v.航行，飞行；导航，领航 | |
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rites
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| 仪式，典礼( rite的名词复数 ) | |
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consuls
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| 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） | |
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consul
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| n.领事；执政官 | |
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delinquent
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| adj.犯法的，有过失的；n.违法者 | |
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previously
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| adv.以前，先前（地） | |
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missionary
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| adj.教会的，传教(士)的；n.传教士 | |
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41
persecuting
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| （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 | |
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42
imprisonment
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| n.关押，监禁，坐牢 | |
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deportation
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| n.驱逐，放逐 | |
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44
hostility
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| n.敌对，敌意；抵制［pl.］交战，战争 | |
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45
monasteries
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| 修道院( monastery的名词复数 ) | |
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orphanages
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| 孤儿院( orphanage的名词复数 ) | |
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warehouses
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| 仓库，货栈( warehouse的名词复数 ) | |
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48
unnatural
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| adj.不自然的；反常的 | |
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postal
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| adj.邮政的，邮局的 | |
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50
procure
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| vt.获得，取得，促成；vi.拉皮条 | |
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51
discriminated
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| 分别，辨别，区分( discriminate的过去式和过去分词 )； 歧视，有差别地对待 | |
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52
dominion
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| n.统治，管辖，支配权；领土，版图 | |
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53
withheld
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| withhold过去式及过去分词 | |
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