The chief privileges granted under the capitulations to foreigners resident in Turkey are the following: liberty of residence, inviolability of domicile, liberty to travel by land and sea, freedom of commerce, freedom of religion, immunity from local jurisdiction save under certain safeguards, exclusive extra-territorial jurisdiction over foreigners of the same nationality, and competence of the forum of the defendant in cases in which two foreigners are concerned (though the Sublime Porte has long claimed to exercise jurisdiction in criminal cases in which two foreigners of different nationality are concerned—the capitulations are silent on the point and the claim is resisted by the powers).
The same system has been followed by such countries as Persia, China, Japan and Siam.
The practical result of the capitulations in Turkey is to form each separate foreign colony into a sort of imperium in imperio, and to hamper the local jurisdiction very considerably. As the state granting the capitulations progresses in civilization it chafes under these restraints in its sovereignty. Turkey’s former vassals, Rumania and Servia, though theoretically bound to respect the capitulations so long as they formed part of Turkey, had practically abrogated them long before securing their independence through the treaty of Berlin in 1878. The same may be said of Bulgaria. Japan was liberated from the burden of the capitulations some years ago.
The extra-territorial jurisdiction exercised by the foreign powers over their subjects in Turkey and other countries where capitulations exist is regulated by special legislative enactments; in the case of the United Kingdom by orders in council.
In Turkey the capitulations are practically the only treaties in force with the powers, since the expiration about 1889 of the commercial treaties concluded in 1861-1862. As they all contain the “most-favoured nation” clause, the privileges in any one apply to all the powers, though not always claimed. Thus America and Belgium claim under their treaties with Turkey the right to try all their subjects, even if accused of offences against Ottoman subjects—a claim recently made by Belgium in the case of the Belgian subject Joris, accused of participation in the bomb outrage of 1905 at Yildiz. One peculiar privilege granted in the capitulations of 1675 (Art. 74) authorizes the king of England to buy in Turkey with his own money two cargoes of figs and raisins, in fertile and abundant years and not in times of dearth or scarcity, and provides that after a duty of 3% has been paid thereon no obstacle or hindrance shall be given thereto.
[1] La Forest, a knight of St John of Jerusalem, was the first resident ambassador of France at Constantinople. He died in 1537.
CAPIZ, a town and the capital of the province of Capiz, Panay, Philippine Islands, on the Capiz or Panay river, about 4 m. from its mouth on the N. coast. Pop. (1903) 18,525. Capiz has a large and beautiful Roman Catholic church (of stone), a Protestant church (with a hospital) and good government buildings, and is the seat of the provincial high school. Alcohol of a superior quality is manufactured in large quantities from the fermented juice of the nipa palm, which grows plentifully in the neighbouring swamps. Fishing and the weaving of fabrics of cotton, hemp and pineapple fibre are important industries. Rice and sugar are raised in abundance. Tobacco, Indian corn and cacao are produced to a limited extent; and rice, alcohol, sugar and copra are exported. Coasting vessels ascend the river to the town. The language is Visayan.