Embassy
of the United States,
Paris, July 19, 1895.
(Received July 29.)
No. 339.]
[Inclosure in No. 339.]
Mr. Eustis to
Mr. Hanotaux.
Embassy of the United States,
Paris, July 5, 1895.
Sir: I have the honor to inform you that I
have received a dispatch from my Government with reference to the
consular rights of Mr. Chapelié in Tunis which were withdrawn by the
French minister resident. The considerations which were submitted by
Mr. Patenôtre at Washington with reference to this matter are
considered by my Government wholly unsatisfactory.
[Page 421]
The consular privileges of the American vice-consul are guaranteed by
treaty which my Government made with Tunis, dated August, 1797,
article 17 of which reads as follows:
Each of the contracting parties shall be at liberty to
establish a consul in the dependencies of the other, and if
such consul does not act in conformity with the usages of
the country, like others, the Government of the place shall
inform his Government of it, to the end that he may be
changed and replaced; but he shall enjoy, as well for
himself as his family and suite, the protection of the
Government, and he may import for his own use all his
provisions and furniture without paying any duty; and if he
shall import merchandise (which it shall be lawful for him
to do) he shall pay duty for it.
It is very clear from this provision that the above-quoted treaty
makes no distinction between salaried and unsalaried officers. My
Government takes the position that these consular privileges being
conventional, it is not in the power of the authorities at Tunis to
ignore them, and still less arbitrarily set them aside, and that the
question of salary is inapplicable and can not be considered, and
that the French minister resident in Tunis has no power to modify or
change the treaty existing between the United States and Tunis.
If there is any cause of complaint against Mr. Chapelié for any
reason whatsoever my Government is ready to promptly investigate it.
If he be persona non grata, the French Government, if it deems such
course justifiable, can withdraw his exequatur, otherwise in such a
clear case my Government has a right to confidently expect that the
French Government will take immediate means to insure to the
vice-consul of the United States at Tunis all rights and privileges
guaranteed to him by treaty.
I avail, etc.,
