13. The Department may be assured that it is farthest from my desire to foment difficulties between my government and this, and, if I take the liberty of suggesting this course, it is because I am convinced that nothing is better calculated to insure harmony and friendly relations in the future than the exhibition of firmness in the present case. 14. I have the honor to inclose the copy of a letter I have addressed to the Bey on this subject, but until I can inform him that I am acting under direct instructions from the Department, I apprehend that it will be of little avail against the fatal influence of his favorite. I am, &c., G. H. HEAP. [Inclosure.] Mr. Heap to the Bey. CONSULATE OF THE UNITED STATES, TUNIS, April 4, 1873. His Highness the MUSEHIR SIDÉ MOHAMMED ESSADOK, Reigning Prince and Possessor of the Kingdom of Tunis: The undersigned, consul of the United States of America, begs to recall to Your Highness's recollection that, on the night of the 24th-25th of December last, a cruel and flagrant crime was committed on the person of Mahmood Sennan, a dragoman attached to the consular agency of the United States at Bizerta. His body was found at Menzil-Djemil, a village a few miles from Bizerta, stripped of nearly all its clothing and pierced with fourteen dagger-wounds. He had in his possession at the time of his assassination a considerable sum of money, which, together with valuable papers belonging to Mr. Spizzichino, has disappeared. The undersigned respectfully refers Your Highness for information as to the authors of this great crime and their motives for committing it to the ample and voluminous testimony taken on the spot by the authorities of Bizerta, assisted by Mr. Spizzichino, the consular agent of the United States at that place. The parties implicated by the testimony have been apprehended, but, though more than three months have elapsed since their arrest, no further steps have been taken, that the undersigned is aware of, to bring them to trial. The undersigned has communicated to his Government the fact that an officer regularly attached to a consular agency of the United States, and therefore entitled to its protection, had been murdered, but regrets that he has been unable to inform it that anything has been done to bring the perpetrators of the crime to justice. The Government of the United States may well apprehend that if so serious an outrage can be committed with impunity on a person appointed for the protection of one of its representatives, there can be but little security in this country for the representatives themselves. In any event, it is not probable that the Government of the United States, vigilant and jealous as it is in maintaining its just rights, and in guarding the honor, property, and lives of all who are entitled to its protection, will be satisfied with anything less than the most thorough and searching investigation as to the authors of this crime and the punishment of the guilty. The undersigned has refrained as yet from calling the attention of his Government to the dilatoriness of the proceedings in this case, in the hope that he might be able to inform it that justice had been done. It is, therefore, with extreme regret that, after so long a delay and the formal assurance of his excellency the prime minister that every means should be taken to secure prompt justice, no progress appears to have been made in this case. The undersigned does not doubt that Your Highness will be pleased to take this matter into serious consideration, and is confirmed in this belief by Your Highness's wellknown love of justice, and the friendship and good-will Your Highness has invariably manifested toward the country and Government the undersigned has the honor to rep resent. The undersigned avails himself of this occasion to renew the assurance of his high respect and distinguished consideration, with which he has the honor to be your Highness's most obedient servant, G. H. HEAP. No. 146.] No. 477. Mr. Heap to Mr. Hunter. CONSULATE OF THE UNITED STATES, SIR: I have the honor to acknowledge the receipt of your dispatches Nos. 63, 64, and 65, dated 3d, 5th, and 6th instant respectively. 2. I obtained an interview with the Bey yesterday, and informed him of the instructions I had received relative to the murder of the drago man of the consular agent at Bizerta, in consequence of the delay that had occurred in bringing the murderers to trial and punishment. 3. The Bey expressed, with much earnestness, his regret at this delay, acknowledged that my complaint was well founded, and gave positive assurance that the parties arrested for the crime should be brought be fore him for trial this week, and if found guilty should be sentenced to the highest penalty of the law. He promised to inform me of the result of the trial on or before next mail-day, June 3. 4. I wrote to Admiral Alden at Ville Franche, on the 27th instant, begging him to delay the execution of his instructions from the Navy Department until I should inform him that the presence of a naval force was necessary, but that if my just expectations of a satisfactory solution of the affair were not realized, I should communicate with him by the telegraph. 5. I informed the Bey that a naval force had been ordered to Tunis, but it will depend on himself to keep this detail from the public; for not wishing to humiliate him in the eyes of his subjects, I have preferred to let it appear that in rendering justice he is not acting under compulsion. 6. The prompt action of the Department will have a salutary effect, for it will convince the Bey that the United States Government will not allow the interests or safety of those entitled to its protection to be placed in jeopardy without a strict account being demanded, and retribution, if justice is denied or unduly delayed. I have, &c., GEO. H. HEAP. No. 147.] No. 478. Mr. Heap to Mr. Hunter. [Extract.] CONSULATE OF THE UNITED STATES, Tunis, June 2, 1873. (Received June 25.) SIR: I have the satisfaction of stating that the Bey sent an officer yesterday to inform me that he had tried the four persons accused of the murder of the dragoman of the consular agent at Bizerta, that they were found guilty in different degrees, and sentenced as follows: One to the galleys for life with hard labor in chains, and the bastinado; the others to imprisonment for life. 2. According to the Mohammedan criminal law, no one convicted of murder can be sentenced to the death penalty, unless the conviction is upon the dying declaration of the murdered person, or the evidence of witnesses of the fact. No circumstantial evidence, however conclusive, is sufficient to obtain a death-sentence. In this case all the evidence was circumstantial, and I am satisfied that the Bey has inflicted the highest penalties allowed by his law. 3. It is probable, however, that this result would not have been obtained had it not been for the intimation that a naval force would be sent here if justice was delayed. The Bey is very friendly and well disposed, but is, unfortunately, not always seconded in his good disposition by the officials that surround him. * * * 4. I have informed Admiral Alden of the conclusion of this affair, and that it will be unnecessary to send a naval force here. I have, &c., G. H. HEAP. No. 148. No. 479. Mr. Heap to Mr. Hunter. CONSULATE OF THE UNITED STATES, Tunis, June 7, 1873. (Received July 1.) SIR: I am informed that the French have occupied a portion of Tunisian territory extending along the Algerian frontier, on which they are building forts and block-houses. This part of the regency is mountainous, and well-watered and wooded, and is inhabited by wild tribes over whom the Bey has little or no control. They have made raids on Algerian territory and carried off herds and flocks, and when pursued have retired into their mountains where it is difficult to follow them. As the Bey is powerless to prevent these outrages, the French aver that the only means to stop them is to occupy the country over the border. In the vicinity of Tabarca, near Algeria, and for some distance inland, there are valuable forests of oak and cork trees, and mines of iron and copper reputed to be rich, and it is believed that these have attracted the French into Tunisian territory, for the forts and block-houses would be quite as effectual in preventing raids and cutting off the retreat of the marauders if they were placed on Algerian soil. If this surmise is correct, the French will have to encroach but little further to bring the coveted territory within their lines. I am, &c., No. 480. G. H. HEAP. No. 150.] Mr. Heap to Mr. Hunter. CONSULATE OF THE UNITED STATES, Tunis, June 11, 1073. (Received July 9.) SIR: The Bey has notified me officially in writing that the four persons apprehended for the murder of Mahmood Sennen, dragoman of the United States consular agent at Bizerta, have been tried and sentenced. I am, &c., G. H. HEAP. No. 10.] 4.-TRIPOLI. No. 481. Mr. Vidal to Mr. Hunter. UNITED STATES CONSULATE, Tripoli, (Barbary,) April 10, 1871. (Rec'd May 5.) SIR: I have the honor to inform you that the steam-frigate Guerriere, Capt. Thomas H. Stevens, of the United States Navy, came from Malta to Tripoli on the 8th instant, at 7 o'clock a. m., and left yesterday afternoon at about 4 o'clock for Alexandria. As the steamer which will bring this dispatch to Malta will leave in a few moments, I have no time to enter to-day into the details of that visit. Suffice it for the present to say that, thanks to my personal relations with the Pacha, the officers of the Guerriere were received by His Excellency in a more brilliant and flattering style than any war-vessel, either American or of any other navy, had ever been before. I took the oppor tunity of the presence of one of our steamers in the roadstead of Tripoli to request the Pacha to allow Capt. T. H. Stevens to take away the main anchor of the United States frigate Philadelphia, which, in the month of February, 1804, was taken and burned in the port of Tripoli by Lieutenant Decatur of our Navy. Not only did the Pacha grant my request, but he courteously added that he was making a present to our govern ment of the eight thousand Turkish piastres which it cost to his gov ernment to raise that anchor from the bottom of the sea. In my next dispatch I will have the honor to give you more details in regard to the visit of the Guerriere and the anchor of the Philadelphia. I have, &c., No. 482. M. VIDAL No. 12.] Mr. Vidal to Mr. Hunter. [Extract.] UNITED STATES CONSULATE, Tripoli, (Barbary,) May 26, 1871. (Received July 19.) SIR: I concluded my dispatch No. 10 with a promise to enter into a few details in regard to the visit of the frigate Guerriere to this port; but I had to examine, before writing this dispatch, a claim of $20 against that vessel, of which I will say something further below. In regard to the Guerriere itself I must say that had I received beforehand reliable information about its coming I would not have neglected that opportunity to ascertain from the government of the regency whether in its relations with the United States it is ruled by our treaties with the successive Pashas of Tripoli, or by those we made with the Porte. All the consuls here pretend that in spite of the acknowledged suzeraineté of the Ottoman government over Tripolitania, all the treaties of their respective governments with the former bashaws are still in force; but, strange to say, not one of my colleagues has yet been able to make out a case to test the value of those pretentions, the merit of which I cannot judge, for I cannot yet find out on what written document they rest. Now, it is said in article xiii of our treaty of 1805 with Tripoli: "On a vessel-of-war, belonging to the United States of America, anchoring before the city of Tripoli, the consul is to inform the bashaw of her arrival, and she shall be saluted with twenty-one guns, which she is to return in the same quantity or number." But Captain Stevens, who probably never heard of that article, saluted the forts the moment the frigate cast anchor; and the latter returned the salute, and so I lost the opportunity to test the willingness of the Pasha to abide by our treaty of 1805. It was an unfortunate circumstance that the Guerriere should come to us on Good Friday, when all the flags of my colleagues were at halfmast. In consequence the usual honor of hoisting the colors was not paid her, either on that day or the next. It is usual for the commanding officer of a war-vessel visiting an eastern port to acknowledge the courtesy done him and his vessel by the foreign consuls who have hoisted their flags by calling at the various consulates. But in this case, as no flags were hoisted, no visit could be expected by my colleagues. However, to my great surprise, the Italian consul-general, dining lately at my house, assured me that the captain and I had been guilty of a breach of international etiquette; that we ought. to have acknowledged the politeness of the consuls even when no politeness had been done; and that on that account he for one would nevermore hoist his flag for an American war-vessel, whether it was on Good Friday or not. As I could not see the virtue of that logic, he added, in, a friendly manner, that in order to prove to me that I was wrong he would write to his government, and he was sure I would be disapproved by our State Department. Now, I candidly want to know, for my future. information, whether the commanding officers of our war-vessels visit-ing eastern ports have to acknowledge by a personal call to foreign. consuls a politeness which, through good or bad reason, has not been done them. A few hours after my visit on board the Guerriere, I addressed to the Pasha a letter requesting him to appoint an hour for the reception of the United States officers, and I soon received an answer, the style of which is so eminently literary that the letter was probably written by his excellency himself, for he is one of the most elegant Turkish writers. of the age. I have the honor to send you, herewith inclosed, copy of my letter, marked No. 1, and copy of the Pasha's answer, with a free English, translation, respectively marked 2 and 3. In the evening of the same day I made arrangements with the direc tor of foreign affairs to secure for our officers a reception of an extraor-dinary character. It is customary for the Pasha to receive official visits, either alone in his grand hall or in company with one or two of his. household officers. But on this occasion, all the religious, military, and civil officers in Tripoli were ordered to be present in full uniform, and. a military brass-band, with an array of about 500 soldiers, were on the wharf of the castle to receive us with all military honors when we landed from our boats. On the other hand, I had warned Captain Stevens. that the reception would be exceptionally brilliant, and that for the good name of our country he and his officers should display as much gold lace as there would be to be seen in his excellency retinue. I am. happy to say that in this, as in other more important cases, our country was not outdone by foreigners; and, on the next day, as I was sitting. |