HC Deb 05 July 1881 vol 263 cc18-9
SIR H. DRUMMOND WOLFF

asked the Under Secretary of State for Foreign Affairs, Whether in the Treaty between England and Tunis of October 5th 1662, there is not the following provision:— Article 8. Le Consul ou tout autre Anglais résident à Tunis ne sera forcé de s'adresser à aucune autre cour de justice qu' au Dey lui-même par lequel seul justice lui sera rendue; whether the same stipulation does not occur in Article 8 of the Treaty of 13th August 1716; whether analogous provisions do not exist in the Treaties of other Powers, which are still in force; and, whether in consequence the privilege of access to the Bey is not a privilege and immunity conferred by Treaty on Her Majesty's Agent and Consul General, and confirmed by Articles 11 and 5 of the Treaty of 1875?

SIR CHARLES W. DILKE

Sir, the Treaties of 1662 and 1716 were abrogated by the Treaty of 1875, which was substituted for all existing previous Treaties, and in which the Article in question was not repeated. I may, however, point out to the hon. Member for Portsmouth (Sir H. Drummond Wolff) that even if this Article were still in force, it would give no "privilege of access" to the Consul any more than to any other British subject who might present himself before the Bey for the purpose of seeking justice; and its effect is entirely annulled by the 24th Article of the Treaty of 1875.

SIR H. DRUMMOND WOLFF

said, the hon. Baronet had not stated whether analogous provisions did not exist in the Treaties of other Powers which were still in force.

SIR CHARLES W. DILKE

I shall be glad if the hon. Member would state what those Treaties are. I have on four or five occasions informed the House that the most careful search has failed to find any Article of the kind in any Treaty, and Lord Granville has made a statement to this effect in "another place." That statement has been elaborately contradicted, especially in a letter in The Times; but in none of these contradictions have Articles in Treaties been quoted to upset the statement.