There is something singularly deficient and wrong, although to persons unacquainted with Barbary, it looks sufficiently fair and just, in the provision—“he (the English guilty subject) shall not be punished with more severity than a Moor could be,” fairly made? In the first place, although this does not come under the idea of “serious personal injury,” would the English people approve of their countrymen suffering the same punishment as the Moors for theft, by cutting off their right hand? Moors and Arabs have been so maimed for life, on being convicted of stealing property to the value of a single shilling! Who will take upon himself to enumerate the punishments, which may be, and are inflicted for grave offences? It may be replied that this stipulation of punishing British subjects, like Moorish, is only on paper, and we have no examples of its being put into execution. I rejoin, without attempting to cite proof, that, whilst such an article exists in a treaty, said to be binding on the Government of England as well as Morocco, there can be no real security for British subjects in this country; for in the event of the Maroquines acting strictly upon the articles of this treaty, what mode of inculpation, or what colour of right, can the British Government adopt or shew against them? and what are treaties made for, if they do not bind both parties?
In illustration of the way in which British subjects have their disputes sometimes settled, according to Articles VII and VIII, I take the liberty of introducing the case of Mr. Saferty, a respectable Gibraltar merchant, settled at Mogador. A few months before my arrival in that place, this gentleman was adjudged, in the presence of his Consul, Mr. Willshire, and the Governor of Mogador, for repelling an insult offered to him by a Moor, and sentenced to be imprisoned with felons and cut-throats in a horrible dungeon. However, Mr. Saferty was attended by a numerous body of his friends; so when the sentence was given, a cry of indignation arose, a scuffle ensued, and the prisoner was rescued from the Moorish police-officers. Mr. Willshire found the means of patching up the business with the Moorish authorities, and the case was soon forgotten. “All’s well that ends well.”
I do not say that the Moors are determinedly vindictive, or seek quarrels with Europeans; on the contrary, I believe the cause of the dispute frequently rests with the European, and the bona-fide agressor, some adventurer whose conduct was so bad in his own country, that he sought Barbary as a refuge from the pursuit of the minister of justice. What I wish to lay stress on is, the enormous power given to the Emperor, by a solemn treaty, in making him the final judge, and the imminent exposure of British subjects to the barbarous punishments of a semi-civilized people.
Article X is a most singular one. “Renegades from the English nation, or subjects who change their religion to embrace the Moorish, they being of unsound mind at the time of turning Moors, shall not be admitted as Moors, and may again return to their former religion; but if they afterwards resolve to be Moors, they must abide by their own decision, and their excuses will not be accepted.”