Mr. Perry to Mr. Seward.

No. 24.]

Sir: I have the honor to forward to your excellency by this mail a printed copy of a convention recently concluded between the British government and that of the Bey of Tunis. This treaty appears on its face and is claimed by its friends to be a mutual concession of rights and privileges, tending to do away with indirect legal processes, at present much resorted to by foreigners; to diminish political differences between Tunisians and foreigners; and to give aid and countenance to the cause of civilization and constitutional government. By this treaty the Bey permits British subjects to hold real estate in their own name, on the condition that their real estate be subjected to the laws of the country in regard to registration and taxation.

The provisions of this treaty are at the present time the subject of much animated and bitter discussion, in which British and Tunisian authorities appear prominent on one side, and French and Italian on the other side. The principal arguments urged in favor of this convention are, that its provisions are just and reasonable, promoting the interests of both parties; that its guarantees of good faith and fair dealing on the part of the Moorish government are ample, the consul alone having the power to execute the decrees and decisions of the local authorities; and, finally, that his convention provides the only way in which foreigners can become bona fide real estate holders, identifying themselves with the interests of the country. The main argument urged against the convention is, that the right to tax and control the property of foreigners cannot be safely given up to Mussulmen. The natives of this country are represented to be yet too rude and barbarous for such a trust and responsibility. Ignorance, superstition, and fanaticism are represented to be so prevalent that this convention, however good its object, must prove a serious evil, retarding instead of promoting the cause of civilization. But there are persons of high official standing in Tunis who attribute to the English government still other motives and considerations. This convention is represented to be a political contrivance designed to gain a controlling influence, or, at least, to prevent France from controlling or getting possession of this regency. England has here some ten thousand Maltese subjects, many of whom hold real estate indirectly, and, with the signing of this treaty, soon become bona fide real estate holders, thus giving England a direct interest in the soil and institutions of Tunis, which no other nation at present possesses.

The consuls general of Spain and Austria are understood to favor the principles embodied in this treaty, and to give encouragement of the speedy adoption of the same by their respective governments. The general policy of England and America, in this country, has for many years been supposed to be the same, on which account the British consul general makes a special appeal for our countenance and encouragement. As yet I have taken no decided stand for or against the treaty, thinking it more prudent to await some unbiased expression from my government. I may say that I do not see how any harm could possibly [Page 438] happen to us from the adoption of this treaty, and I do see how much harm may be prevented by checkmating France, and encouraging the independent action of the Tunisian government. I hereby enclose Articles XI and XII of the municipal regulations referred to in the Article XI of the convention.

Very respectfully, your obedient servant,

AMOS PERRY, United States Consul.

Hon. William H. Seward, Secretary of State, Washington, D. C.

[Enclosure A.]

Extracts from municipal regulations referred to in Article XI of the British Convention.

Article XI. If for the sake of public improvement it be judged expedient to widen a street which is narrow and inconvenient, and this widening depends on a private property, the president of the council shall inform the owner of the private property what part of his estate the city will have to appropriate for the execution of the said measure, and upon notice being given to the consul of the said proprietor the president shall make offers for the purchase of the property. In case the proprietor should consent to the sale, the president should stipulate the conditions of it. If the proprietor refuses to sell, or if he demand an exorbitant price, the property shall be appraised and assessed without injury to the interests of the proprietor, and as the only means of effecting the object in question. The price agreed on by the assessors shall be paid to the proprietor. This measure is required by public interest, to which private interest must yield; but it will not be enforced until after it has been submitted in a clear and precise manner for our approbation, and until we have assented to it. The appraisal of the property shall be made by four amins, (skilled inhabitants of the country,) four experienced appraisers, and four notables of the city, in such way that one cannot doubt that the amount agreed upon is more than the real value. Six of these twelve appraisers will be named by the council, and the other six by the proprietor. In case they agree, they shall execute their decision or that of the majority; but in case of a division of opinion, they shall refer to the Sheik El Kady, and his decision shall be executed.

Article XII. If the council should decide to purchase a piece of land for public use, and only a part of the land shall be necessary, the proprietor of it shall have the right to demand the price of the whole property, transferring the same to the city.