“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.”
In the amended clause of Article VIII. We have for any complaint, substituted serious personal injury, and I cannot but observe that the making of the Emperor the final judge, in such case, is a stretch of too great confidence in Moorish justice.
Not that a Sultan of Morocco is necessarily bad or worse than an European Sovereign, but because a personage of such power and character, armed with unbounded attributes of despotism over his own subjects, who are considered his Abeed, or slaves, whilst feebly aided by the perception of the common rights of men, and imperfectly acquainted with European civilization, can never, unless, indeed by accident or miracle, justly decide upon the case of an Englishman, or upon a dispute between his own and a foreign subject; for besides the ideas and education of the Emperor, there is the necessity which his Imperial Highness feels, despot as he is, of exhibiting himself before his people as their undoubted friend and partial judge.
So strongly have Sultans of Morocco felt this, that many anecdotes might be cited where the Emperor has indemnified the foreigner for injury done to him by his own subjects, whilst he has represented to them that he has decided the case against the stranger. It is surprising how a British Government could surrender the settlement of the dispute of their subjects to the final appeal of the Court of Morocco in the nineteenth century, and, moreover, allow them to be decided, according to the maxims of the Mohammedan code, or comformable to the Moorish law! It is not long ago since, indeed just before my arrival in Morocco, that the Emperor decided a dispute in rather a summary manner, without even the usual Moorish forms of judicial proceedure by decapitating, a quasi—European Jew, under French protection, and who once acted as the Consul of France.