MOTION FOR PAPERS. (Hansard, 30 June 1868)

§ MR. BAZLEY

, in moving an Address for Papers and Correspondence relating to the case of a merchant named Adjouri, said, that in 1865 a partnership was entered into at Manchester, which two years afterwards became embarrassed. In 1867 the partner in Manchester received a telegraphic message from Aleppo to invoice £10,000 of Manchester goods for Aleppo, for which a remittance would be provided. The remittance did not arrive. The house of Adjouri and Company had conducted itself with punctuality and respect; but having suspended payment a bankruptcy became inevitable, and Adjouri was made a bankrupt in February. In 1867 Adjouri absconded from Manchester. The merchants of that city sent a messenger to Aleppo to secure debts, but he obtained no payment whatever. An action was instituted in Aleppo, in a Court framed for the trial of international causes. In the course of the trial indications were manifest favourable to the creditors. But as the trial proceeded, very much to the surprise of those engaged in it, the Turkish authorities suspended the trial. Lord Lyons was leaving Constantinople at the time, and Mr. Elliott, his successor, was in a state of transition. Communications took place between various parties, but the Turkish authorities contested the rights of British nationality. What, then, was the British Consul doing? The sum of £2,000 had been spent in seeking redress of the grievance. At this time last year application was made to the Government for redress. The answer was that more information was needed as to what took place in Constantinople. His constituents had had great wrong done them. He did not doubt that ultimately Her Majesty's Government would give them redress. But what he complained of was the unnecessary delay. He wished to have no further delay, "which made the heart sick."

LORD STANLEY

said, that so far as he could understand the case, the facts were these—A man named Adjouri had creditors in England and partners in Turkey. He became bankrupt, and the creditors in Manchester thought that they had a claim upon his Turkish property. In order to enforce this claim they instituted a suit against the partners in the Mixed Court at Aleppo. The Turkish Government interposed, and by a Vizerial order stopped the proceedings on the ground that the case ought not to have been taken into the Mixed Court at all, but to have been tried by the ordinary tribunals. This was unquestionably a sufficient ground for the interference, supposing it to be proved that the Mixed Court had no jurisdiction. Whether, in that view of the case, the Turkish authorities were, right or wrong was a very difficult and intricate question of law. It had been several times referred to the Law Officers of the Crown, before whom every facility had been given to the parties to lay their case. It was not very easy to ascertain the precise facts on which the legality or illegality of the proceedings of the Turkish Government depended. Very lately, by the advice of the Law Officers of the Crown, he had written to Constantinople to obtain some fresh information, which might assist them materially in coming to a decision. Everything turned upon this—was the Court qualified to deal with the case, or was it not? If not, the Turkish local authorities had a perfect right to do what they did. If they were competent to try the case, the Native authorities had no right to interfere, and there was ground for addressing representations to them on the subject. The delay which had arisen had been occasioned partly by the complication of the case itself, and partly, also, from the statement, as first laid before the Law Officers, not arriving in a shape on which it was possible to form a conclusive opinion. He did not know any other course that could have been taken than that a legal question should be settled by legal advice. Certainly, there was no evidence of any improper influence being brought to bear upon the Turkish authorities. Nothing of that kind had been stated to him. It was an assertion that parties were very apt to 389 make, but on which no stress should be laid unless it could be proved. When the information for which he had written was received, no doubt his learned Friends would be able to advise the Government as to the course they ought to take, and Parliament would then be informed on the subject. He thought the hon. Gentleman exercised a very wise discretion in not asking for the production of the Papers, for he thought that would only injure the parties who applied for them.