Travels in Morocco, Volume 2. by James Richardson
page 33 of 181 (18%)
page 33 of 181 (18%)
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tells us that trade can only flourish where there is security for life
and property. We have to examine, whether this security is fully guaranteed to British subjects, residing in and trading with the empire to Morocco, by the treaty of 1801 and 1824. This treaty begins with consuls, and sufficiently provides for their honour and safety. It then states the privilege of British subjects, and more particulary of merchants, residing in, and wishing to engage in commercial speculations in Morocco. These privileges are, on the whole, also explicitly stated. Afterwards follows two articles on "disputes," which clauses were amended and explained in January 1824, when the treaty was confirmed. These are:-- "VII. Disputes between Moorish subjects and English subjects, shall be decided in the presence of the English Consuls, provided the decision be comformable to the Moorish law, in which case the English subject shall not go before the Kady or Hakem, as the Consul's decision shall suffice. "VIII. Should any dispute occur between English subjects and Moors, and that dispute should occasion a complaint from either of the parties, the Emperor of Morocco shall only decide the matter. If the English subject be guilty, he shall not be punished with more severity than a Moor would be; should he escape, no other subject of the English nation shall be arrested in his stead, and if the escape be made after the decision, in order to avoid punishment, he shall be sentenced as a Moor would be who had committed the same crime. Should any dispute occur in the English territories, between a Moor and an English subject, it shall be decided by an equal number of the Moors residing there and of Christians, according to the custom of the place, if not contrary to the Moorish law." |
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