Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1901
Mr. Meyer to Mr. Hay.
Rome, December 11, 1901.
Sir: * * * I have the honor to send you herewith three copies of the treaty between Italy and Sultan Osman Mahmud of Somaliland.
I am, etc.,
treaty.
[Translated from the Italian, the Italian text having been translated from the Arabic]
In the name of God, the Gracious, the Merciful.
On the basis of the previous convention between the powerful Italian Government and the Sultan Osman Mahmud, Sultan of the Mijurtines, bearing date of Shaaban 6, 1306, corresponding to April 7, 1889, and likewise on the basis of the declaration made in writing by the aforesaid Sultan to the above-mentioned Government under date of Jamed-el-Ewel, 1313, corresponding to November 16, 1894, the aforesaid Sultan Osman Mahmud, in view of the misunderstanding that has occurred between him and the Government of Italy, has recognized that he has contravened the orders of the said Government, and at the request of the same, which is understood [Page 301] to have been made with a view to elucidating the situation and to removing every cause of misunderstanding, both parties have agreed to the stipulations hereinafter stated. To this effect the Government of Italy has appointed as its special delegate the Chevalier Giulio Pestalozza, its consul-general, and the Sultan Osman Mahmud, Sultan of the Mijurtines agrees for himself, personally, and also in the name of his own sons or of his relatives who may succeed to the sultanate, and with the full consent of all the sheikhs and notables of the aforesaid Mijurtines, who are present on this occasion, to the following articles:
- Article I. The Sultan Osman Mahmud, Sultan of the Mijurtines, places his own person, his sultanate, and the entire territory of the Mijurtines, under the protection and flag of the powerful Government of Italy; he hoists the Italian flag in all the ports of call of the coast, and assumes the custody thereof, as do likewise all his dependents.
- Art. II. All sambuks and all Mijurtine vessels belonging to persons under his administration must be registered by the Government and carry the Italian flag, according to-the laws and maritime regulations. This they are to do through the medium of the royal consul.
- Article III. The sultan of the Mijurtines shall afford protection and assistance to all Italians and foreigners who shall arrive in his country either for pleasure or for the purpose of engaging in trade. He shall be responsible for any harm or injury that may be done them in his territory. Every jurisdictional act concerning such persons shall, however, be reserved for the Royal Government.
- Article IV. If, which God forbid, any vessel shall be stranded or wrecked on the Mijurtine coasts, it shall in nowise be permissible to plunder the cargo or to molest the crews and passengers of such vessels, but it shall be the duty of the sultan and of the sheiks of the district nearest to the scene of the disaster to lend all aid and protection immediately, facilitating the transportation of the persons to Aden, or to another seat of government to which the interested parties may desire to be taken. The sultan shall order the cargo and all the appurtenances of the vessel to be well guarded until the arrival of the owner or owners, to whom said cargo and appurtenances shall be delivered. On this ground the sultan shall be entitled, both for himself and for his coadjutors, to an adequate reward from the owner or owners of the vessel and cargo. The amount of such reward shall, if necessary, be fixed by the royal consul at Aden as the circumstances may seem to him to warrant, he having first heard the arguments of the sultan.
- Article V. In confirmation of his aforesaid written declaration, and in pursuance of the agreement now made, Osman Mahmud, sultan of the Mijurtines, formally pledges himself under oath, before God, to prohibit the importation of firearms and of ammunition therefor, such as balls and cartridges, on all the Mijurtine coast, as also by land. Consequently, not a single gun or a single cartridge shall be imported, either for the sultan himself or for others, unless the permission of the Royal Government or its representative shall previously have been obtained in writing. If the aforesaid provisions shall be violated either by the sultan or by one of his dependents, or by any inhabitant of Mijurtina, the sultan shall be responsible therefor, and it shall be his duty to deliver such guns or cartridges as may have been clandestinely introduced to the Royal Government; furthermore, the offender shall be liable to imprisonment, or to a fine, which shall not be less than 100 rupees for each gun and 300 rupees for each box of cartridges that shall be ascertained to have been clandestinely imported; and, in case of the escape of the offender, the fine shall be imposed upon his tribe, or shall be chargeable to the sultan. The Royal Government hereby grants to the sultan the privilege of retaining such guns as he now has; the said arms shall be numbered and registered as belonging to the sultan. When the Government shall desire it, such guns may be exchanged for guns of Italian manufacture. The prohibition to import firearms in all Mijurtina shall be announced by the sultan in writing or in such other way as may be deemed most suitable.
- Article VI. When the Royal Government shall desire to erect a light-house on Cape Assir (Guardafui), having its base in the sea, in the village of Ollok, or in that of Damo, as likewise another light-house in another locality, such as Alula or Bandar Felek, it shall be at perfect liberty to do so. The Royal Government shall have the right to keep in the localities selected by it for the erection of light-houses such number as it may deem necessary of soldiers, employees, and of persons having charge of said light-houses and engaged in keeping them in running order. In such localities the administration and government thereof shall belong to Italy. It is understood that in the localities of Bandar Alula and Bandar Felek and their dependencies the rights heretofore exercised shall still be exercised by the same party as in the past.
This convention, drawn up in duplicate, has, after having been read and explained, been confirmed, approved, and signed by Sultan Osman Mahmud, sultan of the [Page 302] Mijurtines, and by the sheiks who were present with him on the occasion, and whose names appear below:
(Signed)
- Sultan Osman
Mahmudyussef,
Sultan of the Mijurtines. - Ahmed Mahmud.
- Yussef Mahmud.
- Yussef nur.
- Ahmad Samantar.
- Mahmud Sharmaka.
- Omar Ismaïl.
- Mahmudsharwa.
- Yussef Omar.
- Beir Mohamud.
- Omar Mohammed Gure.
- Ahmud Sharwa.
- Abdi Shura.
- And all the Mijurtine notables.
Witnesses:
Saïd Yussef, Dragoman.
Mohammed Ismail, Dragoman.
Consul-General on a Special Mission.
We hereby certify that we took part in the negotiations.
Captain, Commanding the Royal Steamer Colombo.
Royal Consul-General of Italy at Aden.