15 OCTOBER 1853, Page 12

INTERNATIONAL JURISDICTION.

AN instance of what might be done if we had an international tri- bunal to regulate laws affecting men connected by common sym- pathies, but distributed under different jurisdictions, is furnished by the Times. "If the rights of all the Christians living under Ottoman government could be placed under the common guarantee of all the great Christian Powers, it appears to us that the true requirements of the present difficulty would be satisfied at once." Not only the requirements of the present difficulty, but permanent advantages for Christians, and indeed for man ; since an example of common justice, rendered to people in different countries on common principles, would in itself be one of the most salutary ex- amples that could be invented for the improvement of the civilized world. But such an object is not to be attained by the means which Russia has taken in Turkey ; it is indeed rendered more remote and impracticable by the sufferance of such means.

Although it is true that the religions toleration the has been

ascribed to Turkey is imperfect, and may be mingled with un- worthy motives, still it is absolutely greater than that of the Power which now undertakes to condemn:that " infidel" state for its religious oppression. It is something to say that " the Scrip- tures may be published in any language in Turkey," when we know that they cannot be published even in Italian in Italy. It may be true that the Turk has oppressed Christians ; but in that op- pression he has been emulated. by Christian states. At this very moment, while it is an offence to exercise Protestant Christianity in Italy, Rcman Catholics are the object of continued oppression in the states of Russia, who is now claiming to be protecting pa- tron of " Orthodox Greek Christians" in Turkey, where unortho- dox Christianity is giving birth to a new Protestantism that Rus- sia would not tolerate. Admit the right of Russia to extend her aegis over the Orthodox Greek Christians, and to seize principalities as a material guarantee, and you establish a law which would re- quire Austria to come forward in protection of the Roman Catho- lic subjects of Russia, and to seize one or more provinces of that power as a "material guarantee." ascribed to Turkey is imperfect, and may be mingled with un- worthy motives, still it is absolutely greater than that of the Power which now undertakes to condemn:that " infidel" state for its religious oppression. It is something to say that " the Scrip- tures may be published in any language in Turkey," when we know that they cannot be published even in Italian in Italy. It may be true that the Turk has oppressed Christians ; but in that op- pression he has been emulated. by Christian states. At this very moment, while it is an offence to exercise Protestant Christianity in Italy, Rcman Catholics are the object of continued oppression in the states of Russia, who is now claiming to be protecting pa- tron of " Orthodox Greek Christians" in Turkey, where unortho- dox Christianity is giving birth to a new Protestantism that Rus- sia would not tolerate. Admit the right of Russia to extend her aegis over the Orthodox Greek Christians, and to seize principalities as a material guarantee, and you establish a law which would re- quire Austria to come forward in protection of the Roman Catho- lic subjects of Russia, and to seize one or more provinces of that power as a "material guarantee."

If the Turk, while extending to the religion of the Christians the principle of non-intervention, has, notwithstanding, exercised social oppression, we also have not been sinless. In one of the three United Kingdoms it was the law that Protestants might tyrannize over Romanists, to such an extent that a Protestant clown meeting a Roman Catholic gentleman on horseback might take away his horse ; and we have not abrogated that unjust law so long as to have acquired the right to turn round upon the Turk and revile him for oppression. " At this very moment," it is ob- served, " the evidence of a Christian is inadmissible in a court of justice against the word of a Turk ": a statement which comes very late, the day after that unjust law has been abrogated in Turkey. But while we condemn the injustice of the Turk, let us look at home, and ask if in English courts of justice the evidence of an English citizen has not been rejected on the score of his re- ligious opinions. In short, we are none of us qualified to con- demn our fellows in this matter. Still less can we improve the public morals of Europe by permitting the flagrant violation of law, under a hypocritical pretext of resisting oppression, by a power that in its own dominions enforces oppression. But although we have no right to condemn, we have every right to uphold a better moral, and every right to seek concurrence in upholding that moral. While restraining Russia from a hypo- critical, unjust, and lawless course, it would be an admirable thing if we could place the object of our intervention upon a sincere and substantial basis. Nothing could be better than " to place the Christians living under the Ottoman Government under a common guarantee of all the Christian Powers" ; but then the same principle should be extended in favour of all sects, and in control of all un- just powers. If we had such a jurisdiction, we might control Tus- cany equally with Turkey, Russia equally with Tuscany. Nay, once admit such a principle, procure for it the adhesion of any con- siderable powers, and we should probably have the concurrence of

Tuscany, of Holland, and of all other of the most intelligent states, this kind of mutual restraint. But once recognize such a prin- ciple in favour of Christians, and it could no longer be refused to Jews, to Mussulmans, or to the adherents of any other faith. It is somewhat late in the day to arrogate a right of oppression for those governments which are not, in the Christian sense," misbelieving" governments. Oppression, as such, should be checked ; and then, when men are no longer debarred from educstion,_ when they are no longer coerced by an Austrian Govern. ment to learn of a priesthood that teaches the grossest form of idolatry,—when they are no longer induced to place themselves under the most degraded clergy of Europe in order to please the Emperor Nicholas,—a better appreciation of Christianity might enable its essential tenets to be extended and purified. Re.% ligion could never suffer from the cheek upon intolerance ; nor could any government whatever be less firm in its foundation be- cause so many governments had agreed to secure justice for the subjects of all.

It will probably, however, be some time before we can arrive at this common understanding, upon religious questions of all others. Meanwhile, a convention upon the subject of the more obvious offences, and in favour of the more obvious rights of man, would illustrate the practicability of this common action ; and would, as we remarked last week, create a tribunal competent to act, and capable of developing, by degrees and by general consent, a juris- diction that might ultimately be extended to higher subjects.