The Secretary of State to Minister Gummeré.

No. 17.]

Sir: I have to acknowledge the receipt of your dispatch No. 47 of the 26th ultimo, by which you advise the Department of the arrest, contrary to article 9 of the treaty of Madrid, of Allal Ben Kasem, a servant of Thamy Slawee, a person under American protection.

Your statement that the arrest was made by direction of the acting minister for foreign affairs while Kasem was employed in your service, and that the acting minister has refused to order his release at your request, has been duly noted.

Your contention that the arrest of Slawee’s servant Kasem without notifying the consul-general was illegal is justified by the terms of the treaty. Paragraph 2, article 9, provides that “the local authorities shall not arrest an employee or servant of a native officer * * * or of a foreign subject or protected person without having notified the authority upon whom he is dependent.”

The Department approves your action in addressing a statement of the case to the grand vizier, and presumes that your request in connection therewith that Kasem be released and that the acting minister for foreign affairs be directed to apologize to you for his action will be granted.

I am, etc.,

Elihu Root.