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