Mr. McDonald to Mr. Gresham.

No. 77.]

Sir: My predecessor, Mr. Sperry, on the 5th of July, 1893, transmitted to the Department of State a copy and translation of a letter from the Persian foreign minister, asking for the friendly intervention and cooperation of the Government of the United States with the European governments in securing for Persia a representative to take part in the deliberations of the mixed judicial tribunal in Egypt on the reappointment of that body by the Khedive’s Government. I have now the honor to forward for your information a copy and translation of another letter I have just received from the minister for foreign affairs relating to the same subject.

In consequence of the presence of a number of Persian merchants engaged in trade in Egypt, and of a still larger number who every year pass through that country on their pilgrimage to the shrine at Mecca, a member to represent their interests on the tribunal might be of advantage. Any steps taken by the U. S. Government to secure that end would, I am sure, be highly appreciated by the Shah and his minister.

I have, etc.,

Alex. McDonald.
[Inclosure in No. 77.]

The Minister for Foreign Affairs to Mr. McDonald.

Your Excellency: On the 15th of the month Zilhejzeh, A. H. 1310, I addressed you on the subject of the necessity for the presence of a representative of Persia on the mixed tribunals of Egypt. The [Page 511] substance of the response of the Khedive’s Government on this subject, made through the Italian consul-general in Egypt, is to the effect that as the citizens of Persia resident in the Ottoman Empire do not, as do the subjects of other countries, participate in the benefits of treaty rights, they can not, therefore, in Egypt, which is one of the provinces of that Government, partake of the same privileges which are accorded to other nations. Perhaps the intention of the Khedive’s Government in this reply may be construed to mean that the Persian Government has no “capitulations” with the Turkish Government. If that is so, then its contention and argument are faulty, and contrary to the facts of the case, inasmuch as there are now treaties and conventions between the two governments, the stipulations of which are, throughout the whole of the provinces of the Ottoman Empire, in active operation, and as Egypt forms a part of that state they ought to take effect there. At the present time, in conformity with recent treaty rights, in most of the commercial courts throughout the Turkish Empire, representatives of Persia, in the same manner as those of other favored nations, or two Persian merchants in the capacity of members, sit to adjudicate on mercantile matters.

If the Persian Government had not these treaty privileges, it is manifest that the Turkish Government would never have admitted the representatives of Persia to seats in these tribunals. Leaving these considerations out of the question, it is evident from the fourteenth article of the existing treaty, concluded by the Persian embassy of this Government (in Constantinople) and the Ottoman department of foreign affairs, a translation of which into French I send for your excellency’s perusal, that whatever rights and privileges are granted to the most favored nations in the Ottoman Empire have in their entirety been secured to the Persian Government, and Persian subjects in all parts of Turkey ought to be partakers of those rights and privileges to their fullest extent. Therefore the reply of the Government of the Khedive of Egypt to the consul-general of Italy is contrary to the stipulations existing between the governments of Persia and Turkey and the clear meaning of the aforesaid treaty.

Furthermore, the Persian Government has more subjects in Egypt than most other countries, and it can not therefore relinquish its clear and undoubted rights in that country.

It is therefore very respectfully urged upon your excellency’s attention that on the occasion of the renewal of the convention for the reconstruction of the mixed tribunals of Egypt your Government will take into its serious consideration the injustice of the Khedive’s Government in setting aside the confirmed rights of the Persian state. There is no doubt that your Government, in its enlighted sense of justice and a sincere regard for what is right, will not fail to take such steps as may appear just and necessary.

I have nothing further to trouble you with on this occasion.

[Subinclosure in No. 77.—Translation.]

Fourteenth article of Turko-Persian treaty.

Persian subjects in Turkey and Turkish subjects in Persia shall enjoy exactly the same rights as the subjects of the most favored nations in all matters which are not mentioned in the present treaty, and in case the Persian Government shall not fulfill any one of the clauses of this treaty, the Turkish Government will act, on its part, in the same manner.

The 21 Zegadé, 1292, corresponding to A. D. 1875.