MOTION FOR AN ADDRESS. (Hansard, 24 July 1883)

§ EARL DE LA WARR

, in rising to ask the Secretary of State for Foreign Affairs, What steps have been taken with regard to the question of the capitulations in the Regency of Tunis; also, to ask if information can be given relative to the reported arrest of a Maltese British subject at Tunis by the French military authorities; and to move an Address for Papers and Correspondence, said, that the subject of the Capitulations at Tunis was one to which their Lordships' attention had been previously directed, and one which had been now for some time under the consideration of the Government. He trusted that the noble Earl would be able to state what decision had been arrived at, as the question was one which very materially affected the interests of British subjects in the Regency of Tunis. Under the Capitulations commercial advantages, as well as legal and judicial, were conferred upon British subjects, who numbered in the Regency not less than 10,000. The noble Earl could not be without information that there was anything but general satisfaction with the present state of affairs at Tunis. Civil rights and questions affecting property were receiving, under the French régime, a severe shock, and the authority of the Boy had been reduced to that of a mere official. He had also to ask the noble Earl if any information could be given about the reported arrest of a Maltese British subject at Tunis by the French military authorities? The reason for the arrest was not given. It was said in a telegram in the public Press— The prisoner, a respectable man, has been brutally treated, receiving a sabre cut on the head after he was arrested by the soldiers. The French authorities refused to surrender him to the British Consulate. The British Colony has addressed a protest to the Government against the arbitrary conduct of the French authorities, demanding the maintenance of Treaty rights and the retention of the Capitulations. He begged to move for Papers and Correspondence.

§ EARL GRANVILLE

, in answer to the first part of the Question put by the noble Earl, said, that the French Government had communicated with the British Government on the subject of the French criminal tribunals in Tunis, and expressed a hope that Her Majesty's Government would waive their rights under the Capitulations so far as to allow English subjects to be brought under the jurisdiction of the French criminal tribunals, just as French criminals were brought under the jurisdiction of English tribunals in Cyprus, and of Austrian tribunals in Herzegovina. The Government replied that they had no objection to take measures to waive their claim so far as to allow English subjects to be brought under the jurisdiction of these tribunals; but they did not think it necessary to make any further changes than were necessary to give full scope for that purpose. Inquiries had been addressed to the French Government as to the meaning of the law, and as to the regulations to be established under it; and, subject to the answer they received to that question, and to the reserve he had already mentioned, Her Majesty's Government were ready to take steps to inquire as to the views of the other Powers represented at Tunis. With regard to the second part of the Question, he had to say that it was true that a Maltese British subject was arrested at Tunis by the French military authorities, and that, in the opinion of our Consul, the arrest was not justified by the circumstances. The prisoner had been wounded by a French officer. The Government telegraphed at once for an explanation, both to Tunis and to Paris. The answer from the French Representative at Tunis was that he had no wish to interfere in any way with our Treaty rights, but that this was a special case of an insult offered to a French officer. The Government then addressed instructions to Lord Lyons, who replied that he had reason to believe that the prisoner had been released on the ground of his having been drunk at the time, and that his sufferings in prison had been sufficient punishment to meet the case. The Government were in further communication 276 with the French Government on the subject. He would show the noble Earl the Papers on the subject; and although there would be no difficulty about the publication of the Papers at the proper time, he could not undertake to present them at present.