Mr. Boker to Mr. Fish.
the United States,
Constantinople, April 19,
1873. (Received May 12.)
Sir: I have the honor to say that a protocol
has recently been signed between the Sublime Porte and certain European
powers, which secures to the province of Tripoli, in Africa, the same
judicial privileges which, under the capitulations, have heretofore been
enjoyed by the European and the Asiatic provinces of the Ottoman
So far the protocol has been signed by the only European powers that have
any considerable commercial interests or important consular
establishments in Tripoli of Africa, but I understand the other powers
will raise no objections should their assent be requested.
I herewith inclose a copy and a translation of the protocol, and I
respectfully request instructions from the Department to meet the
probable case of my being applied to by the Sublime Porte to sign a
similar agreement on the part of the United States.
I have, &c.,
The Sublime Porte, having addressed the governments of France, Great
Britain, and Italy to express the desire that in the province of
Tripoli, of Africa, the competence of the local tribunals, in causes
between natives and foreigners of French, English, and Italian
extraction, shall be established upon the same basis as in the
provinces of the Ottoman Empire in Europe and Asia, the said
governments, after having agreed severally to this wish, have
resolved to confirm their consent by a joint act.
The undersigned, having been duly authorized, have agreed in
consequence to the following stipulations:
- Article I. The consuls of
France, England, and Italy, in Tripoli, of Africa, shall
receive precise and formal orders from their governments, so
that henceforth all processes and differences between
natives and the subjects of France, England, and Italy, in
this province, whatever may be the nationality of the
defendant, shall be adjudicated according to the terms of
the capitulations in force, and in the same manner as the
capitulations are applied in the European and the Asiatic
provinces of the Ottoman Empire.
- Article II. The Sublime Porte
engages to treat the consuls and the subjects of England,
France, and Italy at Tripoli, of Africa, in the matter of
consular jurisdiction, upon the footing of the most favored
nations, and to enable them to participate in the enjoyment
of all favors or advantages accorded in this respect to the
consuls and the subjects of any other state.
Done at the Sublime
- HENRY ELLIOT.
- U. BARBOLANI.