No. 459.
Mr. Boker to Mr. Fish.

No. 96.]

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 empire.

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.

  • M. VOQUÉ.