Mr. Hale to Mr. Seward.
Sir: Much alarm has lately been felt in Alexandria on account of the frequency of acts of violence perpetrated in the public streets. It is known that those concerned in these offences are generally foreigners, chiefly Greeks and Italians, and their audacity is no doubt due in considerable degree to the difficulty experienced by the local police in maintaining order while the powers of government are distributed among so many different authorities, there being no less than eighteen consulates general which exercise jurisdiction over the subjects of their respective nationalities. Some of the inconveniences incident to this state of things were mentioned in one of my earlier despatches, No. 3, under date of October 22d, 1864, but the project of a municipality at that time brought forward failed of execution.
Very lately the Russian consul general was beset in a public street, little more than an hour after dark, and almost within sight of his own door; he was severely beaten and robbed of his watch and purse. Several outrages of the same kind occurring within a few days, the Egyptian government was led to undertake some special measures for the public security. In addition to a police force of nine hundred and eighty-five effective men, two regiments of the army were quartered near the town. The government then sought the co-operation of the consuls general, who, upon the invitation of the minister of foreign affairs, assembled on the 26th and again on the 28th ultimo, to hear the propositions of the government. The result of the proceedings appears in the proces-verbal, of which I have the honor herewith to transmit a copy, accompanied by a translation.
It will be observed that the government wishes to send away from Alexandria foreign vagabonds without visible means of support here, whose presence endangers the security of the town, and that according to the plan accepted by the consuls general, this deportation, when agreed to, is to be carried into effect by the representative of the government to whose jurisdiction the individual in question may belong, and that in case of any difference between the Egyptian government and the consul-general as to the necessity or propriety of the proposed removal, the question is to be referred to a committee of the consular body.
Some of the governments most largely interested, by the great number of their subjects here, as the French and Italian, are accustomed to carry into effect such deportations, when satisfied of the propriety of the measure, at the mere request of the local police. The proposition to refer the question, in case of a [Page 270] difference of opinion, to a committee of the consular body, appears to afford a security that no demand shall be capriciously or improperly made for the exercise of the power.
As an abstract question, there might be some doubts of the right of the Egyptian government to order the expulsion of any foreigner whose government should choose to insist upon his remaining in the country. It is, however, clearly understood that the arrangements to which the consuls general have assented do not touch the abstract question. They amount only to this: that the consuls disclaim desiring to keep here individuals of the class described as prejudicial to public security, and that, in case of difference of opinion, they will take the advice of their colleagues, or of a committee of the number. In any case, it is the consul general who has finally to act. In determining his action he will naturally be governed by the instructions he may have received from his own government.
In view of the great alarm in the public mind here, and the necessity under which the government found itself of vigorous action, and especially of invoking the assistance of the representatives of foreign governments in this matter, I concurred with my colleagues in assenting to the measure proposed, after it had been reduced to its present shape, explaining, as did others, that of course it could not be pretended that my government would be bound by my signature any farther than concerns the present emergency.
It is believed to be a settled principle of public law that no government is bound to tolerate the presence within its territory of such foreigners as it may choose to exclude; but how far this principle may be affected by the rights of exterritoriality enjoyed by Christain nations in the east, and to what extent you would wish your representative here to oppose an exclusion in a particular case, are questions which it would be unbecoming in me to attempt to decide in anticipation of instructions. But I have not thought that you would wish me to refuse my signature to the present arrangements, as such refusal would seem quite unnecessarily to imply an eagerness on the part of the United States government to insist in advance that a vagabond belonging to our country, should any such be found here, must stay, in spite of the wish of the Egyptian government for his exclusion, even if he were plainly guilty of misbehavior prejudicial to the public welfare. In view of the usual good behavior of our people, cases are not likely to arise in my jurisdiction. Should any case arise, it would of course be carefully considered.
Should the expulsion of a vagabond American, having no means of support here, be demanded by the local government for causes approved by the committee of the consular body and by myself, the mode of action which I should prefer to adopt would be simply to notify him that after a certain day I should decline to interpose my authority for his protection, leaving the local government free, unless he voluntarily withdraw from Egypt in the interval, to execute the expulsion in its own way, warning the minister at the same time that notice would be taken of any unnecessary harshness in the proceeding. But if there were particular circumstances attached to the case, I should wish to hold the matter open for special instructions.
The second point suggested by the local government, namely, the granting of power to the local police to enter public houses in pursuit of criminals, is believed to be of such obvious propriety as to require no explanation. The power granted does not attach to the private domiciles of foreigners, which remain under the exclusive jurisdiction of their consulates, and even as regards public houses it is only to be exercised in cases of necessity, and always by a special officer (preposé) of police, while notice must be given to the consulate as soon as possible, and at least within twenty-four hours, in every instance of its exercise.
Since these vigorous measures were taken a number of arrests have been made, and the public mind has become much more tranquil. None of the parties [Page 271] arrested have been Americans, although one, an Englishman by birth, had previous to his arrest claimed and received my assistance on the ground of service in our army. He had no papers whatever, and did not pretend to have been naturalized in the United States. He was tried in the British courts, and, his guilt being clearly proved, he received a severe sentence.
The meeting of the consuls general took place after the despatch of last week’s mail, and I thus avail myself of the first opportunity in forwarding to you the enclosed paper by to-morrow’s packet, via Marseilles.
I have the honor to be, sir, very respectfully, your obedient servant,
Hon. William H. Seward, Secretary of State, Washington, D. C.