CAPITULATIONS, Turkish, the decrees governing the privileges and powers of Eu ropeans resident on Turkish soil, so called ap patently for the reason that they were divided into articles or chapters. After 1453 such privileges were frequently granted by the sultans; they were personal grants, however, and valid only for the life of the grantor. Hence they were renewed, often with modifica tions, by each new sultan. So we find many capitulations made with France, England and other states. The earliest of the capitulations, to which reference is often made for precedent i dates from 1535 and was granted to Francis of France. It was more specific and formal than any preceding grant of the kind and re mained in force for over 350 years. By it the French were permitted to travel and to trade according to their own customs and usages; it granted them ,freedom from all imposts except customs duties, also liberty in matters of re-, ligion, inviolability of domicile and the extra territorial jurisdiction of consuls. Even if they committed a crime, they were to be arrested by an Ottoman official only in the presence of a consular or diplomatic officer of their own country. Ottoman officers, if asked by a con sular or diplomatic officer to aid in the arrest of a French subject, were compelled to per form such service. The French had the full right of making wills. If they died intestate in Turkey, their own consul must take possession of their estate and liquidate or administer it for their heirs. Soon after this grant to France other nations of the Occident sought similar privileges. In 1583 Queen Elizabeth after four years of effort succeeded in establishing rela tions of this nature with the Sultan. This capitulation was afterward many times renewed. The Netherlands received a capitulation in 1609, and Austria in 1615.
In 1673 a new power was granted to France, namely, the exclusive right of protecting under her flag the subjects of sovereigns who had received no capitulations. This gave France prestige in Europe by placing several powers under obligation to her. But in 1675 England succeeded in gaining a right to the protection of other nations jointly with France, so that some states had the option of English or French pro tection. Austria in 1718 got permission for Genoa and Leghorn to use her flag.
No concession made in the capitulations to foreign powers led to greater abuses than this grant of the right to protect the citizens of sovereigns or states without capitulations. The French and English sold to native Greeks and the privilege of protection by a document which exempted them from paying duties on goods imported. Many of these be came rich through this advantage, and were per mitted to make a transfer of their privilege for a consideration. Ambassadors became rich through the traffic; one of the French ministers, it is stated in an official report, received more than 400,000 francs from this source, and the English Ambassador is said to have received from i2,000 to f3,000 as his share. Russia and Austria abused this right of protection for political ends. Rivals in seeking influence in Moldavia and Wallachia in 1780-82, their con suls competed with each other in granting patents of protection to the natives. By 1800
Austria had by this process more than 200,000 subjects in Moldavia and 60,000 in Wallachia. These latter were later given to Russia. In 1806 in order to embarrass Russia Napoleon put an end to the abuse and Turkey succeeded in persuading most of the foreign powers to follow his example. But this did not prevent many of the great Powers, through their con suls, taking large numbers of Turkish rajahs under their protection under one pretext or another. Many of these formed lawless crowds claiming exemption from police supervision. Many were men of wealth whose acts led to frequent diplomatic difficulties. We need not wonder, then, that in 1869 the Sultan issued an irade forbidding the naturalization of his sub jects under a foreign government unless they had previously obtained his consent. All treaties since 1800 between Turkey and European powers are based on the capitulations, notably that of 1740. Down to the 19th century foreign ers could not hold real property except under borrowed names. Since 1867 they have been allowed to hold it. After 1868 the inviolability of the domicile of a foreigner was limited to residences within nine hours' journey of a consular post. Questions of real property were determined by an Ottoman court' Religious freedom was confirmed in all treaties.
Turkey made repeated efforts to annul the capitulations. She attempted to do so at the Paris Congress of 1856, and again in 1862. But the Powers were unwilling to accede to her request. Germany renounced the capitulations in 1891, but under the most favored nation clause in her treaties she still enjoys the same privileges as formerly. All the Powers except the United States had been gradually yielding on the point of extraterritorial jurisdiction, though the consul of one accused of crime attended the trial, and if there was a denial of justice imminent, the case was made one for diplomatic intervention. America's insistence often led to a miscarriage of justice because the Ottoman government refused to furnish witnesses, and permitted the culprit to escape. Another fruitful source of trouble was in re spect to Armenians, who take out naturalization papers in America and return home as Ameri can citizens. The Sultan has not recognized such naturalization since 1869, unless it has been made with his consent. England has side stepped this difficulty by stating on the pass ports of Turkish subjects naturalized in Great Britain that such passports are not valid on the return of the bearer to Turkey.
The Young Turks after their advent to power repeatedly denounced the capitulations and on 11 Nov. 1914 the Ottoman government announced their abolishment. However, until the Western Powers are satisfied that the judicial system in Turkey has undergone reform suffi cient to ensure an impartial administration of justice, it is not likely that the Porte will be permitted to ignore these agreements alto gether. See EXTRATERRITORIALITY and consult Moore, John Bassett, 'Digest of International Law> (1906) ; Angell, J. B., 'Turkish Capitula tions' (in American Historical Review, Vol. VI, 1901) ; McLaughlin, A. C., and Hart, A. B., 'Cyclopedia of American Government' (Vol. I, New York 1914).