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of their respective Consuls "if their subjects become amenable to the jurisdiction of the French tribunals," and, in conformity with the preceding law, decreeing that "the subjects of the friendly Powers whose Consular tribunals shall be suppressed shall become amenable to the jurisdiction of the French tribunals under the same conditions as the French themselves."
Finally, a British Order in Council, abolishing British Con- iii. English sular jurisdiction in Tunis. The recitals in the Order included Council. the French law, the Bey's decree, and Her Majesty's consent to abandon her Consular jurisdiction "with a view to British subjects in the Regency becoming justiciable by the French tribunals."
These documents afford a good illustration of the fundamental ideas involved in exterritoriality.
The Queen merely abandons her jurisdiction in the dominions Act of of the Bey. Her Treaty prerogative, which allows her to acquire unnecessary. such jurisdiction, allows her also to abandon it. The Foreign Jurisdiction Act dealt only with the exercise of the power, and not with the acquisition of it. It declared that if and where acquired it should be exercised in such and such a way. And as it does not touch the acquisition of the power, nor the method, neither does it affect the abandonment of the power, or the method.
The Egypt and the
for Council of 1876, post, P. 207.]
The Queen, however, while abandoning her power could do no more. She could not and did not declare that thenceforward her subjects must submit to the jurisdiction of the French Protectorate. Such a declaration would have been inconsistent [As in the case with the abandonment, for it would have become the continuing of the Mixed authority for the exercise of the French jurisdiction. utmost that the Queen could do was to declare the reason her abandonment: that it was done with a view that her subjects should pass under the French jurisdiction, it being known and understood that they would so pass. But abandonment of the Queen's jurisdiction implies the Abandonment resuscitation of the Bey's jurisdiction. And it is in consequence jurisdiction of Queen's of this resuscitation that British subjects pass under the juris- implies diction of the Regency by decree of the Bey, and by no other of Bey's jurisdiction. way. This decree of the Bey requiring the assent of the French
Government to assume the jurisdiction over foreigners, because [This assent the gist of such jurisdiction in a foreign country over foreigners would probably be form- lies in the willingness to accept it. The chain by which the ally expressed: though this edifice is demolished is as complete scientifically as the chain by which it was erected and supported.
appear to be necessary.]
It is almost superfluous to add now, that if the doctrine that "Parliament can legislate for British subjects anywhere" admitted of the interpretation that "Parliament can not only legislate for British subjects anywhere, but can also empower the Consular Executive to enforce its statutes and its ordinances anywhere," it would have been impossible for the Queen to deprive this Executive of the power to enforce the behests of Parliament. If the doctrine were true, it would have required a special Act to place British subjects in Tunis under the French jurisdiction; but such an Act was not necessary. And neither will an Act be necessary when the time comes and the Queen consents to abolish the jurisdiction of her Consuls in Japan, with a view, not to her subjects passing under the jurisdiction of a protecting State, but to restore to the Emperor, so far as she is concerned, the privileges which once by force of arms and circumstances, but afterward by grace and favour, he has for so long accorded to the foreign communities which have settled in his Empire.
CONTAINING THE ARTICLES OF THE TREATIES NOW IN FORCE BY WHICH EXTERRITORIAL PRIVILEGES HAVE BEEN
GRANTED TO BRITISH SUBJECTS.
The Articles have been printed by permission from Sir Edward Hertslet's valuable collection of Commercial Treaties.
All the information with regard to the Orders in Council and the "applied statutes" will be found in Mr. Tarring's British Consular Furisdiction in the East, and in the ‘Index to the Statutory Rules and Orders' compiled by Mr. Pulling.
Capitulations and Articles of Peace, 1675-confirmed by Treaty, 1809.
VIII. That if an Englishman, either for his own debt or as surety for another, shall abscond, or become bankrupt, the debt shall be demanded from the real debtor only; and unless the creditor be in possession of some security given by another, such person shall not be arrested, nor the payment of such debt be demanded of him.
IX. That in all transactions, matters, and business occurring between the English and merchants of the countries to them subject, their attendants, interpreters, and brokers, and any other persons in our dominions, with regard to sales and purchases, credits, traffic, or security, and all other legal matters, they shall be at liberty to repair to the judge, and there make a hoget, or public authentic act, with witness, and register the suit, to the end that if in future any difference or dispute shall arise, they may both observe the said register and hoget; and when the suit shall be found conformable thereto, it shall be observed accordingly.
Should no such hoget, however, have been obtained from the judge, and false witnesses only are produced, their suit shall not be listened to, but justice be always administered according to the legal hoget.
X. That if any shall calumniate an Englishman, by asserting that he hath been injured by him, and producing false witnesses against him, our judges shall not give ear unto them, but the cause shall be referred to his Ambassador, in order to his deciding the same, and that he may always have recourse to his protection.
XI. That if an Englishman, having committed an offence, shall make his escape, no other Englishman, not being security for him, shall, under such pretext, be taken or molested.
XII. That if an Englishman, or subject of England, be found to be a slave in our States, and be demanded by the English Ambassador or Consul, due enquiry and examination shall be made into the causes thereof, and such person being found to be English, shall be immediately released, and delivered up to the Ambassador or Consul.