No. 154.
Mr. Frelinghuysen to Mr. Roustan.
Washington, November 23, 1882.
Sir: I have the honor to acknowledge the receipt of your note of the 20th instant, wherein you acquaint me with the proposed extension of French judicial tribunals and procedure to the territory of Tunis from the 1st of January next, and ask that this Government renounce (as other powers have done), in view of this change, any rights it may have, or have had, to exercise consular extraterritorial jurisdiction within the states of the Bey under treaty or usage in non-Christian countries.
Inasmuch as the consular jurisdiction in Tunis, to which you refer, is expressly commanded by a statute of Congress, the renunciation of that jurisdictional right does not appear to be a matter within the control of the Executive of the United States, and it will therefore be necessary to lay the subject before Congress at its approaching session, and ask for appropriate legislation thereon.
Meanwhile, as the consulate of the United States at Tunis has been suspended, owing to the withdrawal of the appropriation for its maintenance, and as there is consequently no officer of the United States in that region empowered by law or treaty to act judicially, it is not likely that any question of jurisdiction affecting American interests there will arise pending the awaited action of Congress.
Accept, &c.,