But a more enlightened Sultan sees the advantage it would be to him, if not to all parties, to control the distribution of the growing correspondence of both Europeans and natives, the latter of whom prefer to register their letters, having very little faith in their despatch without a receipt. And as Mulai Abd el Azîz is willing to join the Postal Union, provided that the service is placed in efficient European hands there is no reason why it should not be united in one office, and facilities thereby increased.
France, however, in joining the conference, has quite another end in view than helping others to bolster up the present administration, and that is to obtain a formal recognition by all concerned, including Morocco, of the new position created by her agreement with Great Britain. That is to say, without permitting her action to be questioned in any way, she hopes to secure some show of right to what at present she possesses only by the might of herself and her friends. She has already agreed with Germany to recognize her special claim for permission to "police" the Morocco-Algerian frontier, and those who recall the appropriation of Tunisia will remember that it originated in "policing" the Khomaïr—known to the French as "Kroumirs"—on the Tunisian frontier of Algeria.
It is, indeed, a curious spectacle, a group of butchers around the unfortunate victim, talking[page 289] philanthropy, practising guile: two of the strongest have at last agreed between themselves which is to have the carcase, but preparations for the "pacific" death-thrust are delayed by frantic appeals for further consultation, and by the refusal of one of their number who had been ignored to recognize the bargain. Consultation is only agreed to on conditions which must defeat its object, and terms are arranged with the intervener. Everything, therefore, is clear for the operation; the tender-hearted are soothed by promises that though the "penetration" cannot but be painful, it shall at least not be hostile; while in order that the contumacious may hereafter hold their peace, the consultation is to result in a formal but carefully worded death-warrant.
Meanwhile it is worth while recalling the essential features of the Madrid Convention of 1880, mainly due to French claims for special privileges in protecting natives, or in giving them the rights of French citizens. This was summoned by Spain at the suggestion of Great Britain, with the concurrence of Morocco. Holland, Sweden and Norway, Denmark, Belgium, Portugal, France, Germany, the United States, Italy, Brazil, and Austria-Hungary accepted the invitation in the order named, but Brazil was ultimately unrepresented. Russia was also invited as an after-thought, but did not consider it worth while accepting. The scope of the conference was limited to the subject of foreign protection, though the question of property was by mutual consent included.
The representatives of the conferring Powers accredited to the Spanish Court were nominated as[page 290] members—the English Plenipotentiary acting for Denmark—as it was felt that those accredited to Morocco already held too decided views of the matter. The Moorish Foreign Minister attended on behalf of Morocco, and Señor Canovas, President of the Council, represented Spain. Seventeen meetings were held, under the presidency of Señor Canovas, between May 19 and July 3, the last being purely formal. The Convention then signed contained little that was new, but it re-stated clearly and harmonized with satisfactory results rights previously granted to one and another. In several particulars, however, its provisions are faulty, and experience of their working has long led to demands for revision, but conflicting interests, and fears of opening up larger issues, have caused this to be postponed.
Now that the time has arrived for a re-definition of the whole position and rights of foreigners and their Governments in Morocco, it is earnestly to be hoped that the opportunity may not be lost. The great fault of the Madrid Convention is that while it recognizes the right of foreigners to acquire land in Morocco, it stipulates for the previous consent of the native authorities, which is only to be obtained, if at all, by liberal "presents." But the most pressing need is the establishment of an international tribunal for the trial of cases involving more than one nationality, to replace the present anarchy, resulting from the conflict in one case of any of the thirteen independent jurisdictions at present in force in Morocco. Such a measure would be an outcome of more value than all possible agreements to respect the independence and integrity[page 291] of Morocco till it suited the purpose of one party or another to encroach thereon.
In lands knowing but one jurisdiction it is hard to conceive the abuses and defeats of justice which result from the confusion reigning in Morocco, or those which existed in Egypt previous to the establishment of international tribunals there. For instance, plaintiff, of nationality A., sues defendants, of nationalities B., C., and D., for the return of goods which they have forcibly carried off, on the ground that they were pledged to them by a party of nationality E., who disputes their claim, and declares the goods sold to original plaintiff. Here are five jurisdictions involved, each with a different set of laws, so that during the three separate actions necessitated, although the three defendants have all acted alike and together, the judgment in the case of each may be different, e.g. case under law B. dismissed, that under law C. won by plaintiff, while law D. might recognize the defendants' claim, but condemn his action. Needless to follow such intricacies further, though this is by no means an extreme case, for disputes are constantly occurring—to say nothing of criminal actions—involving the several consular courts, for the most part presided over by men unequipped by legal training, in which it is a practical impossibility for justice to be done to all, and time and money are needlessly wasted.
[*] It is curious, indeed, how little the German Empire or its component States figure in the history of diplomatic relations with Morocco. One has to go back to the time of Rudolf II., in 1604, to find an active policy in force with regard to Moroccan affairs, when that remarkable adventurer or international diplomatist, Sir Anthony Sherley, was accredited to Abd el Azîz III., the last of the Moorish rulers to bear the same name as the present one. This intrepid soldier, a man after the Kaiser's own heart, had been accredited to Germany by the great Shah of Persia, Abbás, whose confidence he had won to a marvellous degree, and he appears to have made as great an impression on Rudolf, who sent him as his envoy to Morocco. Arrived there, he astonished the natives by coolly riding into the court of audience—a privilege still reserved to the Sultan alone. But the Ameer, as he was called in those days, was too politic or too polite to raise the question, only taking care that the next time the "dog of a Christian" should find a chain stretched across the gateway. This Sir Anthony could not brook, so rode back threatening to break off negotiations, and it affords a striking lesson as to the right way of dealing with orientals, that even in those days the Moors should have yielded and imprisoned the porter, permitting Sir Anthony's entrance on horseback thereafter. The treaty he came to negotiate was concluded, and relations with the Germans were established on a right footing, but they have been little in evidence till recent years.
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