-TtlTE  I-FISTONy7
OF
MI-~. S~N\~:~}~  R            SIE'T
IN
ifs JAets Dieoum7ced, and c His Uszuvrpat-ions
CIo7nod'm,ecl by the C'out1s.8
~ —--------








MEMIORIAL.
To the I-onorable the Senate and Iouse of Representatives of the
U7iiledt States of America:
The memorial of Francis Dainese, a citizen of the'United
States, residing  at Washington, D. C., respectfully shows:
That on1 the 5th of September, 1863, while your memoriaiist
was temporarily in Egypt, Mr. T~hayer, then United States
Consul General at Alexandria, having, on account of ill
health, obtained leave of absence, solicited and appointed
him t9 act in his stead until his return; that he presented
him to IHis Highness the Viceroy as acting consul general
and accredited him  as such to the Egyptian authorities, to
the foreign representatives, and to our captains of armued
vessels and others, by official circulars and commission bearing date 5th September, 1863, at the same time giving notice
thereof to the Department of State in his despatch No. 38
of' same date. (See Appendix, pp. 1-1; Nos. 1 to 6.)
That many American claims against the Egyptian Government being then pending, Mr. Thayer, in presenting your
memorialist to the Viceroy, demanded their early settlement,
which His Highness promised to effect.
That in consequence of telegrams received from  Mr.
Adams, our Minister in London, and Mr. Dudley, our consul at Liverpool, to the effect that the two notorious Birkenhead iron-clad rams were being prepared for sea, apparently
for the Viceroy's service, but in reality for the use of persons in armed rebellion against the United States Government, your memorialist, with a view to prevent their sailing
and consequent prey upon our commerce, exerted himself
in obtaining from the Egyptian Government an official denial
of its alleged ownership of these rams, and forwarded the same




11                       MEMORIAL.
September 11, 1863, by telegrapl), to Mr. Adams, apprising
also of the fact the State Department, by his despatch No.
39; which proof reached London in time to baffle the only
plea then made agailnst their detention, namely, the plea
that tihey belonged  to the Viceroy of Egypt, and secured
their long looked for seizure.  That a later attempt to free
them  on otller grounds was also defeated  by additional
proof, sent by your menlorbialist to our  MJinisters in Paris
and London, and duly communlicated to the State Department by his despatch, No. 41.  (See Appendix, pp. 4-7,
Nos. 7 to 11.)
That shortly thereafter, your memorialist settled, at no
little labor, in our favor, a long mooted question of jurisdiction, which arose between the Ameliican and British consulates in Egypt, adjusting, upon principles of international
lawr the points involved, to the general approval of the government and people of Egypt, and to Mr. Thaver's particular
satisfaction. (See despatches Nos. 40 and 42 to State Department, Nwitll accompanying papers in Appendix, pp. 8-16,
Nos. 12-16, and Mr. Thayer's letter, p. 16, No. 17.)
Thalt later it devolved upon your memorialist to colnduct
our vice-consulate at Cairo, at his own expense,. (it being an
unsalaried office,) and, at Mir. Thayer's especial request, to
establish consular agencies and press the Viceroy to settle
thle claims of our protiges.  (See Appendix, pp. 16-22, Nos.
18-24.
That nMr. Seward having extended indefinitely Mr. Thaver's
leave of absence, lie did not retmorn to Egypt until December',
1863, and then, his health still being feeble, he did znot r-esmze
his oclee, nzor didl he  cak7ce his -ettzn ofjciatlly knowz  to the
Egyptian government and the foreign representatives, but remained iincogni'to, partly at Cairo, partly at Suez, and lastly in
Alexa-ndria, where he died.  All that time your rnemnorialist,
under his credentials, transacted all thle business of thle consulate general, and kept up a laborious correspondence with thle
local government and the foreign representatives, but submitting all matters to Mr. Thayer, and conducting the same with




MEMORIAL.                         111
his advice and consent.  (See Appendix, pages 24-36, Nos.
25-37.)
Tlhat the Viceroy not having fulfilled his promise to settle the
23endini  American clainms, at Mr. Thayer's request, your memorialist, on tlhe 9th of February, 1864, filed a protest against the
Eg(yptian government, (see Appendix, page 29, No. 30,) whiclt
protest failing to produce the desired result, Mr. Thaver wrote
him on. the 24th of same month to proceed to Cairo for additional sieye operaions. (See Appendix, page 35, No. 35.) That
lie went thither, and after conultation with him, lie, by his direction, intimated to the Egyptian. minister for foreign affairs that
a persistence in this denial of justice would compel us to strike
outr flag and suspend diplomatic relations, which intimation
elicited excuses and a renewal of promises for a speedy settlemeient, pending which MIr. Tlhayer died, without ever having
resumied his official position, and while your memorialist, under
his credentials, was still the only recognized U. S. representative in Egypt; a circumstance which left the latter no alternative but to continue, as he did, in the charge entrusted to him
by Mr. Thayer, and follow  his policy until the State Department, duly informed by him of his death, (see Appendix, page
38, No. 50,) should send a new consul or give other instructions.
That the only notice Mr. Seward took of your memorialists'
information was the appointing of a favorite with permission
to travel four months to the European watering places, whence
lie arrived in Egypt August 17, 1864, and forthwith conmmenced
perpetrating the iniquities hereinafter stated.  This favorite
was Charles Hale.
That while awaiting  instructions from  the State  Department, your memorialist, in his official character, received and
presented to the Viceroy the officers of the United States ship
Constellation, attended the citizens, furnished relief to the
widows and orphans of our soldiers, sent to the revenue officers
the certificates' required by law for the collection of revenue,
kept tile Department of State informed of the state of affairs at
the consulate, and performed every other duty his official position required.




IV                           /ME0iORIAL.
That  on  the  15th  of July, 1864, the  Egyptian police
violated an American  domicil-that of Mr. Kindineco-beat
the  owner, and  nmaltreated  and  dragged  his servants  to
prison.  For these wrongs your memnorialist demanded such reparation as international law  and  the custom  in  Eovpt required.*   This being declined, your memorialist, following the
course  of his  colleagues, acted  as they  did  in  like  cases,
namely   he notified the Egyptian government that unless tle
demanded reparation be given within a stated  time lhe would
strike his flag and  suspend diplomatic relations;t and as this
was not timely complied with lie struck his flag'.:  (See Appendix, page 48, No. 41.
This latter course had the desired  effect of inducing the
Viceroy to commission Mr. Tastu, consul general and diplomatic agent of France, to meet your memnorialist and  arrange the difficulty.  Negotiations were at once conmmnenced
through that high-toned funetionary, and  a suitable reparation, with the settlenment of the pending' claims, had already
been promised by the Viceroy.  An arrangement mnutually
satisfactory and honorable was thus on the eve of being effected, when the reported insidious advice sent to the Viceroy by  our own official, Mr. Brown,II then  temporarily in
* The custom in the East, established by numerous precedents, for insults to
the flag, or those under its protection, is to demand the dismissal and punishment of the offenders.
t- In the spring of 1863 Mr. De Beauval, acting consul-general of France,
demanded reparation for ill-treatment to a Frenchman; the Viceroy delayed
complying  with the demand.  The acting consul intimated that unless
immediately granted he should strike his flag. It was at once granted by the
dismissal, deyg adation and bam.ishme-.t of the military officers and soldiers who
were guilty of the offence. (See dispatch 54 in Appendix, page 48, No. 41.)
In 1865 an Italian was insulted.  Mr. Bruno, Italian consul-general, followed
the same course and obtained full reparation.  (See note in Appendix, page
84, Non. 68.)
TIn 1852 Mr McCauley, United States consul-general in Egypt, having demanded and being denied reparation for violation of domicil, he notified the
Viceroy that unless it be given within a stated time he should strike his flag.
The Viceroy delayed. Mr. McCauley struck his flag. The Viceroy then entered into negotiations, (exact!ly in the way as did the present Viceroy,) and
granted the demanded reparation with indemnity. Mr. Webster approved the
course pursued by Mr. McCauley.
If Mr. Brown, as already stated, advised the Viceroy that the manager of the
consulate-general in Egypt, being without exzeuator fromn the Sultan, lihe might
consider him as. not officially recognized, and use that as a pretext to waive the
demanded reparation.
This insidious advice had thle double efectsof preventing the consumsmartion




MEMORIAL.                                V
eharge of our legation at Constantinople, suspendeod its consummnation, (see despatch No. 56 in Appendix, page No. 51,)
and  Mr. IIale's subsequent action  completed  our humiliation, sacrificed the interests of our prot6goes, and  so dishonored our flag in Egypt that nothillg but a significant rebuke
of Congress can again restore it to its former standing.
Mr. l-ale reachedAlexandria the 17th of August, 1864. On
his arrival your memorialist received him in his house as a
guest, inlformed him  of the state of affailrs and of his course,
which he prolmised to sustain,, notified his colleagues of the new
consul's arrival, made  over to him  the  consular property,
and withdrew  frotm  further connection  with  the office.  A
of your memorialist's advantageous arrangement through Mr. Tastu, and of
setting at defiance Mr. Seward's policy of direct intercourse with Egypt, as the
sequel will explain.
By the convention of 1840, between England, Russia, Austria, and Prussia,
the succession to the governorship of Egypt was secured to the lineal descent
of Moaramed All, under the "' suzereinty" of the Sultan of Turkey.
Since that time the successors of Mohamed All have received their investiture from the Sultan, and the representatives to the Viceroy from the powers
of Europe have uniformly been accredited to iis Imperial /Majesty the Suttan,
to reside in Egypt, and have received the Sultan's execquator to that effect through
their respective legations at Constantinople, who thereby exercise a certain
control over them.
Contrary to the above practice, Mr. Seward, in 1861, accredited W. S. Thlayer,
Esq., directly to 2fHis Higtness the Viceroy of EgyTpt, and this dispensed with
the necessity of obtaining an exequlator fronm the Sultan, at the same time that
it took away from our legation at Constantinople its presumptive control.
The Viceroy, considering a direct recognition from our Republic as amounting to his independence, corresponded directly with President Lincoln, and,
during his reign, indulged in acts defiant to the Sultan's authority;  anmong
whicbl the racising, eqetipping, anzdfurnishing can armed reginmeent of Arabs to His
Imperial Maijesty Napoleon III, in 1862, to assist in establishing the Archduke Maximilian in Mexico.
Whether M r. Seward's policy in recogntziigt and establishilng direct intercourse
so2ith the friibzltary qf an ally, and thereby inflating his desire to rebel against
his inmster, especially at the peculiar epoch when we were struggling at home
to keep the South in subjection, was a diplomatic faetx pas, Mr. Brown was not
called upon to decide.  lie was a subordinate, and in duty bound to adhere to
his chief's policy; and as M1r. Thayer had already been directly recogseized by
the Viceroy as the accredited agent of this Government in Egypt, and, under
his credentials and recognition, he accredited your memorialist, who was likewise recognized, and, like Mr. Thayer, acted pursuant to that policy, (see Appendix, pages 19, 22, and 24; Nos. 22, 241, and 25,) //Mr. Brown had no business
to interfere. Yet he intrigued and tried, during Mr. Thayer's lifetime, to
bring him under the old rule; and, failing with Mr. Thayer, he seized the opportunity of the difficulty between Mr. Thayer's deputy and the Viceroy to
open to the latter a path by which to dodge surrender; and Mr. Seward, regardless of conisistency in enforcing his own policy-to say nothing of the trampled
honor of our flag-permitted Mr. Brown's conduct to pass unrebuked!




Vi                       MEMORIAL.
few days thereafter, and after a dozen of secret interviews between said Hale and a Jew banker, a confidential agent of
the Viceroy in pecuniary affhirs, he changed tactics and
again hoisted the consular flag r  zavenged, without ally satisfaction for the violation of domnicil and insiult to the consular authority, or the settlement of the pending American
claims, (see Appelndix, page 64; No. 56,) though well founded
public opinion accused him of having received in exchange
from His Highness the Viceroy a present of twenty thousand
pounds sterling, for which he was denounced in every public
place in Egypt and through the newspapers, (see Appendix,
pages 40, 71, 72, 76, and 83; Nos. 39, 60, 61, 63, and 66,) and
was caricatured as pulling up with one hand the American flag
by the weight of a bag of coin in his other hand [
Your memorialist devoted to our country his services in
Egypt, to the best of his abilities, for about a year, without
demanding or receiving any pay, nor has he even been reimbursed of his expenses for the support of the consulate from
Mr. Thayer's death to Mr. Hale's arrival; and neither has
he had an acknowledgment from this Government in return
for these unpaid services; but instead thereof he has been
unjustly persecuted, plundered, and otherwise improperly
dealt with by Mr. Hale, as hereinafter explained; and having, after a persisted denial of justice by the Executive, applied to and obtained from our courts (see Appendix, pages
86-91; Nos. 70-75) all the legal remedy they could aff)rd
against an executive officer beyond their reach, and whose
wrongful acts are sustained by his immediate chief, he now
submits the case to the representatives of the nation for
final legislative redress.
The official derelictions now submitted to thle judgmlent of
Congress, are of' a twofold character, viz  first, those whiich
involve national dignity, and which it is every citizen's duty to
bring to public notice; and, secondly, those which wrought injury and ruin to your inetnorialist for which he solicits personal
redress.
In the first category must be placed, first, Mr. Hale's official
subserviency to thie influences whlich induced him to rehoist unI




MATEMORIAL.                            Vii
avenged thle U. S. flag, and to abandon and sacrifice the American claims at a moment when his least exlhibition of firmness
or adhllerence to your memorialist's course would have satisfied
the former and settled th!e latter; secondly, his atrocious  proceedin(g in withdrawing, October 30, 1863, (see Appendix, p. 46;
No. 40,) from Thllomas Kindineco and Joseph Santi, the protection of the American flaog, to which they were justly entitled,'
and placing them, their families and their interest, at the tender
mercies of the Egyptian government, whose enmity to them AMr.
H-ale well knew, and who have been thiereby totally ruined; third,
his bold step in thle path of official falsehood  in assurilng  the
Egoyptian government, in the face of yotir memor'iclist's ccedetilts, on file in the archives of the Egyptian government, and the
*Kindineco was a merchant, and proceeded to Egypt from New York, in
1861; Santi was the editor of the newspaper " Popolo," published at Alexandria, anmd went there also from New York, in 1864.
Both landed under the cover of the American flag, were admitted by the
consulate general to its protection, and were so recognized by the Egyptian
government.  When Mr. IHale withdrew American protection from  them, the
former fled for his life, the other was thrown in a dungeon, and his printing:.fics was literally gnutted by the local police, from whose hands his individual
person was, for hunanity's sake, nially rescued by the Italian Consul General.
Santi's offence was the censuring of HIale's conduct in relnquslihing American
rights.
HIale and his protectors alleged in excuse of the abandonment of these per —
sons, that they were  not naturalized, but had only declared their intentions to
become American citizens, and were not therefore entitled to protection abroad;
this is a fallacy, and only shows that they restrict themselves within the narrow
limits of the local laws which define and regulate the rights of citizens in the
United States, instead of standing on the broad platform of international law
by which we are governed abroad; and altlhough the former deny to tlhose not
yet naturalized the exercise of the citizen's lull right in our own land, the latter
clothe with equal protection all those travelling under a nation's flag in a foreign
land, and particularly in the Mohalmmedan countries.  Hence, by the terms of
the capitulation of.1595, between Turkey and England, all persons being in the
dominions of Turkey under English protection are to be dcleemed British subjects and respected accordingly; and by that of 1604, between that power and
France, those under F1rendch colors are to be considered and respected as Frenchmen. These capitulations form the basis of all subsequent treaties, and our
treaties placing us on the footing of the most favored nations impose upon us
the obligation to protect and defend those lwhom we have admitted under our
protection.  And this is fully illustrated in iMr. Marcy's firm attitude in the
Cozsta case, (Wheaton's International law, 6th edition, page 128 and sequel.)
As Kindineco and Santi went to, Egypt under cover of the American flag, were
ladmitted to its protection, and so recognized by the Egyptian governlment, and
that they were subsequently insulted while under its protection, the shame of
the insults offered them reflects upon our flag, not upon their individual persons,
and all the reasons adduced to the contrary are mere subterfuges, set up to
cover an inglorious deed, and are to this dclay held in contempt in Egypt by the
very men who did the wrong and by all others-a fact which Con gres can easily
ascertain by sending there a delegate to investigate the matter.




Vi111                    MEMIORIAL.
foreign representatives, and of Mfr. Thayer's instructions respecting the course to be pursued, tlhat your memorialist had
acted as Consul General without authority, ancl that his course
in defendiny the honor of our flag and in insisting upon the settlement of the claims entitled to its protection, was an affair to be regretted, (see Appendix, pp. 46-47, No. 40,) and also in -flsely
asserting President Lincoln's authority fbr the committal of the
atrocities against Kindineco and Santi, and for the denunciations against your memorialist, when the -fact is that Mr. Lincoln
knew nothing of the matter, and so assured your memorialist.
Passing from these public and proved betrayals of national
principles to the individual wrongs, your memorialist must premise, that when Mr. Hale, yielding to temptation, repudiated the
course of Mr. Thayer and your memorialist, the latter deemed
it a duty to report the fact to our Government, which he did in
a despatch, No. 57, addressed to the Secretary of State.  (See
Appendix, page 64, No. 56.)
Forgetful of the rules of'hospitality and of his duty as a
guest, Mr. Hale unceremoniously possessed himself of your
memorialist's house with its contents, intercepted and opened
his letters, broke open and plundered two locked rooms, and
seized the money, books, effects, and private papers therein,
anmong whichl  was part of your memorialist's correspondenice wherein his conduct was exposed, (see Appendix, pp.
67, 68, No. 57, 58;) and he did this while your menorialist
was ill, crippled by rheumatism, and totally incapacitated  of
the use of arm and limb.
Your memorialist thereupon quitted Egypt for thle nineral baths, to seek a relief from his disease, and thence proceeded home.  In quitting Egypt he left in cllarge of his
friends a large amount of American rmachinery, Iagricultural
inmplements, &c., &c., which he was introducing  there, and
also many notes and claims for collection.  While at the
baths he received a copy of Mr. Hale's address to the Viceroy, hereinbefore alluded to.  (See Appendix, page 46, No.
40.)  This address, hurmiliating to the United States, and
derogatory to your memorialist, having been delivered after
sufficient tinme had elapsed to have brought a check fi-om the




MEMORIAL                       ix
State Department upon Hale's conduct, reported in despatch
No. 57, satisfied your memorialist that Mr. Seward's old
enmity to him, and perhaps other private considerations,
had prevailed over that functionary's duties as a public officer,
and disposed him to overlook national honor and private
rights.  Wherefore your memorialist reported the whole
affair to President Lincoln.  (See Appendix, page 40, No.
39.)  This report and accompanying papers were delivered
to the President by a distinguished Senator here present;
but the President, absorbed at that time by the military
operations at City Point, sent the same to the State Department, where they were consigned to oblivion.  On your
memorialist's arrival home, he was further informed that Mr.
Hale, encouraged by the impunity which his misdeeds had
met in the hands of Mr. Seward, by another stretch of consular power and the usurpation of jurisdiction, attached and
seized, and thereby prevented the sale of your memorialist's
property, worth over $60,000, which he locked up so as to
cause its destruction by dampness and rust, and prevented,
also, the collection of over $40,000 due him, and, in other
words, totally ruined his business in Egypt. (See Appendix,
p. 86, No. 69.)  To give coloring to these high-handed acts,
Mr. Hale alleged as excuse that he made that seizure with a
view to protect a small claim  of about ~1,000, made up for
the occasion by his New York friends, Messrs. R. H. Allen
& Co., for whom he was acting as agent and attorney. Seize
and put in jeopardy $100,000, without a shadow of authority,
and without even taking security for damages in case of
unlawful detention, on a mnere excuse of protecting an
alleged claim of ~1,000, presented under the claimant's false
oath, and unsUstained by proof! / e
Allen & Co., the claimants, as well as your memorialist,
were then and are now residents of and domiciled in the.
United States, and had the claim been just and genuine, as
in fact it was Unjust and spurious, its decision pertained to
the regularly constituted courts of our common country, and
not to the arbitrary, not to say interested, dictum of a consul
in Egypt.  His true object was to rob your memorialist,




X                       MEMORIAL.
whom rumor in Egypt and here had reported dead or dying,
and this charge is, moreover, sustained by the fact that his
friends, the said Allens, about the same time sued for that
same claim, upon a like false oath, before the Supreme Court
of the District of Columbia, and levied attachment upon
your memorialist's real estate in this city, but upon counsel's appearance and denial of the alleged debt, and demand
for trial, Allen's attorney dismissed tlhe szlit at their costs, (see
docket S. C. District Columbia, INo. 1414,) thereby showing
that they had no true claim!
Against Hale's usurpation of jurisdiction your memorialist
complained to President Lincoln.  The lamented President
kindly promised to redress the wrong, but untimely death
prevented his so doing.
Your memoralist next wrote and spoke to President Johnson, furnishing him a full report of the whole case.  (See
Appendix, pp. 81 & 83; Nos. 65 & 67.) But after renewed
promises to look into it he has failed and neglected so to do,
Your merorialist then, with a view to induce some action
in his behalf, applied for an opinion, on Hale's assumption
of jurisdiction, to the Justices of the Supreme Court of the
District of Columbia, from before which the Allens had dismissed their suit to continue it before Hale in Egypt.
The Justices denied Hale's jurisdiction in the premises,
styled his act "' an usurpation," and declared him liable to
damages.  (See Appendix, page 86; BNo. 70.)
A certified copy of this opinion was handed to President
Johnson by a distinguished member of the Cabinet, uraing
that, out of respect for that opinion, if for no other consideration, Hale be ordered to surrender the property so illegally seized by him; but the President answered that his
own action in the premises may be distasteful to Mr. Seward, and hi-e sent the opinion to the State Department, where,
after various attempts to induce one of its signers to recon
sider the same, it was disregarded by it and its protege,,Iale,
to whom a copy was also sent, and who answered to those in
Egypt remonstrating against his conduct, that nothing could
hurt him  or prevent his carrying out his schemes while Mr.




MEMORIAL.                                  Xi
Sewarc-l lived, as he  (I-Hale) was acting  with his assent, and
that no power could staind in his way.
With  a view  to  sanction, (?) by an ex post facto  law, Mr.
Hale's usurpation  of jurisdiction, and legalize  his iniquity,
the enactment by Congress of a law  was pressed  last July,
the real object of which was studiously concealed. (a)
That law  was approved July 28, 1866, and  is appended as
a section to the miscellaneous civil appropriation  bill of first
session  Thirty-Ninth  Congress, chap. 296, sec. 11; but it
means nothing, because  if in  the  European  point of view
Egypt is held  as a part of the  dominions  of the  Ottoman
Porte, with which we have treaties, the acts of 11th August,
1848, and 22d June, 1860,'to,  carry  into  e.ffect certain treaties,
alld the  22d section  of the  formeir, and 21st section of the
latter  acts, extending  in  a  limited  degree  the  provisions
of said  acts  to  Turkey, give  the  United   States  consuls
in Egypt all the powers necessary to carry out our treaties,
(a) The following appears in the Congressional Globe of July 25, 18G6, viz:
Mr. iSUMNER.  I offer an amendment as an additional section, in which
there is no appropriation:
Alcd be it, fitolther enacted: That the provisions of the act to carry into effect the treaties between
the Unlited States and China, Japan, Siam, Persia, and other countries, giving certain judicial powers to minie;ters and consuls, or other functionaries of the United States in those countries, ancd for
other purposes. approved June 22, 1860, shall extend to Egypt; and the consul general at Alexaudria shall have the power provided by section twenty-two of such act for the consul general or the
consul residing at the capital of a country where there is no minister.
I move this amendment under the direction of the Committee on Foreign
Relations.  I moved it last year, and the Senate adopted it on the appropriation
bill, which, it will be remembered, failed. The object is simply to extend certain
powers to our consul general at Alexandria which he has not now under the
existing law.
Mr. SHERMAN.  There are plenty of bills to which this would be more
germane.
Mr. SUMNER.  I beg the Senator's pardon.  There is no other bill to come
forward where it can be offered.
Mr. SHERMAN.  Why has it not been presented before?
Mr. SUMNER.  My attention was called to it only yesterday.
Mr. SHERMAN.  When you kept quiet so long, there would seem to be no
haste for putting it here.  It is legislative in its character, purely.
Mr. SUMNER.  What is the character of half of the propositions that have
been voted on this bill?
Mr. SHERMAN.  They were appropriations.  This is the first one of this
kind.
Mr. SUAMNER.  This was voted last year on the same appropriation bill.
It is according to the usage of the Senate to make the appropriation bill the
occasion for passing propositions like this which have been forgotten.  My
attention was called to this during this session for the first time yesterday.
The amendment was agreed to.  (Congressional Globe, 1st session, 39th Congress, page 4,128.)




Xii                       MEMORIAL.
which, however, don't require them  to assume jatrisdiction upon
mnatlers between Americans resident in the United States, rror cover
Hacle's rustrpation of such jurisdiction; and therefore the enactmnent aforestated was unnecessary.  And on the other hand,
if Mr. Seward's policy of 1861, alluded to in note (11) of P.
4 of this menmorial Dbe sustained by the United States Government, and Egypt is thereby to be considered anl indeipendent power, as we have no treaty with this new power, the
enactment in question extending to our consul there the benefit
of acts passed to carry into effect existing treaties becomes void
and inoperative until a treaty with that new power be ratified.
Passing from  the criminal to the ridiculous, Mr. Hale,
through an adherent to his understanding of law, served
upon your memorialist last August, at his residence, in Washington city, two papers which he styled  summonses, asking your memlorialist to appear before him  in E/vypt, to lry
the cl.aims of the Allens, of zNew York!  And he appointed, also,
one Mr. Choate; of New York, a commissioner to take testimony respecting that clain, with a threal to your memorialist
that if he did not appear his honor (?) woultd give jr:7iment by
default.  (See Appendix, pp. 87 and 88, TNos. 71 and 72.)
Whereupon, your memorialist, after making a last unsuccessful efflrt with President Johnson to check Mr. Hale's
iniquities, applied to the Supreme Court of the State of New
York, where said Choate and Allens reside, with player to
enjoin and restrain him, his principal, and the latter's accomplices, from further prosecuting or proceeding before the selfconstituted Judge tIale.
On the 31st of last August the Supreme Court granted
your mnemoralist's prayer by a temporary  injunctioln, and
upon final hearing, ordered that thZe said defendants Alelenz "be,
and they are hereby, restrained and enJoinedjfro  ffarther prosecuting or proceeding in any mann.er, either by themselves, their agents,
servanits attorneys, or counsellors in the actlion or proceedi.ng instittued by then before the defendant. Clharles UHale, at Alexandria, in Egypt, against the plaintiff, or from  authorizinlg, requesting, or directing said Ilale to continue to keep possession, and from
in any man.ner interfering with the property, credits, and efeects of




IMEM)ORIAL.                      Xiii
ti1e said pltcnticff at Alexandria aforesaid; and it is also ordered
that the said defendant, Joseph HI. Chotate, be, and he is hereby,
enjoined an'd restrained fromn su.mmoning or examining any witnesses, or actingy in atny manner under the commission issued to
him by said Charles  I-ale, to take testimony in the said proceedinlgs ia'stitited before him  by said defendants Allen against
said pl2cinti:f."  (See Appendix, page 89; Nos. 73-74.)
From  this order the Allens appealed, and the court above
confirmed, upon appeal, the decision of the court below, and
by anl opiL;ion, in which the court was unanimous, denied
Hale's jurisdiction.  (See Appendix, page 90; No. 75.)
But as Hale cannot be,reached in Egypt by the process of
the iNew Yorlk court, he continues to hold your memoralist's
property, and to quietly enjoy the benefit of his plunder.
And in tlis col nection your remorialist shows, that although
he has applied for the proper remedies of the law, and has
throu(gh  it established  Hale's guilt and his liability  to
damages, still the law  can afford him  no full remedy from
the fact: First, that HIale is without the jurisdiction  of our
courts; anld, secondly, that the damages sustained by your
memoralist exceed $100,000, whilst Mr. Hale's official bond
secures himl only in the sum  of $10,000; and, therefore,
that he has no other remedy for full relief but in the action
of Congress.
Moreover, MIr. Seward directed the Fifth Auditor to decline
refunding to your memorialist the amount which he has advanced for the support of' the Consulate General in Alexandria, during the interim from iMr. Thayer's death to Charles
Hale's arrival; and which is annually provided for by an express appropriation by Congress; nor to make for that interimn the usual allowance established by precedents, alleging
as reason that no inzfomatiton 7iad been given to the Department
by.JMr. /hayegr o7n the szabject, and that the assumpttion, by your
memorialist, o' thze duties of the Consulate was nzot recognized by
it.  This statement is refuted by the following facts:
First. That Mr. Thayer did, by his despatch, No. 38, dated
September 5th, 1863, and forwarded through Mr. J. Miller,
United States despatch agent, London, inform  the Depart



xiv                       MEMORIAL.
meat of your memorialist's appointment as Acting'Consul
General until his return, (see Appendix, page 3; No. 4,)
and that hie never again resumed the duties of the office after
that date.
Second. That Mr. Thayer did, by official circulars and
commission, issued the same day, accredit and  coyimmission your rmemoralist to, and, that he was recognized by,
the Egyptian Governiment and foreign represelitatives, and
by our armed vessels, as the Acting United States Consul
General, and that under these credentials these officials conltinued recognizing and transacting with him all their official
business until the 19th of August, 1864, when hie informed
them  of Charles Hale's appointment, and withdrew fr'om the
office, and these credentials and commission are on record
amrolng  the archives of the  Egyptian  Government, the
foreign representatives, the  Consulate  General, and your
memorialist's papers, and are here reproduced in Appendix,
pages 1-3; Nos. 1-5.
Third. That the State Department did receive Mr. Thayer's
despatch, before alluded to, and twelve additional despatches
frorm your memiorialist, under his official signature as Acting
Consul General, during the periods between September, 1 863,
and August, 1864, inclusive, all relating  to the business of the
consulate, among whlich that containing the valtuable informlation of tlhe proof obtained in tlle Birkenhead iron-clad case.
Tilat it nevier, during all that period, intimated to your memorialist its dissatisfaction of his acting as Consul General in
Egypt  and thlat its silelce inmptied consent, and its use o/f his
continuled services esta,tished its recoanition and sanction.
Fourtli. Thlat MI. Tlhayer's announcement to thle State Departirment of his return to Egypt did riot, in the least, change
your memorialist's position in the face of the fact thlat, under
the credentials before alluded to, which Mr. Thlayer would not
revoke until he could be able to resume the duties of the consulate, your mnemorialist uninterruptedly continued acting as
Consul General, and was the only defaccto representative of this
Government in Egypt; and as Mr. Thayer died without resuming the duties of that office, and without revoking these




MEMORIAL.                        XV
credentials, no further or other information from  him could
have become necessary, unless, indeed, Mr. Seward expected
him  to inform the Department of his own death and of your
memorialist's continuation in the consulate.
If Mr. S. had not meant to recognize your memorialist as the
Acting Consul General, he ought, upon the receipt of the information thereof, to have notified him that his services were dispensed with.  He could not use those services during  twelve
months, and after reaping their benefit, come out with the language before quoted, or try to ignore your memorialist.  Indeed
this latter scheme was adopted only at a subsequent period,
when lMr. Seward, in consequence of your memorialist's firml
attitude in the cases before referred to, was placed in a position
to accept the alternative of sustaining national rights, or  is
favorite, Mr. Hale.  He chose the latter.
To carry out like policy, it was settled that the ESgyptian
government was in no event to be displeased by the pursual of
a too resolute defence of American rights, while at the same
time it became necessary to disavow your memorialist and his
acts, and to sustain Hale's course in rehoisting our flag without
redress, in declining its protection to those entitled to it against
the most urgent appeals for justice, and in suffocating with inflexible hand every claim arising from the arbitrary acts of the
Egyptian government.  It would also be necessary to nullify
the decided steps which your memorialist had alraady taken in
behalf of American interests, and bury all attending circumstances in diplomatic oblivion; to treat that class of rights as
non-existent, and to declare that your memorialist had no authority to move in their defense or in behalf of any American
cause whatever, and in that way completely dispose of all existing complications and close the door to future discussion or
reclamation.
But Mr. Seward forgot that the success of such policy required two things, which cannot well lbe accomnplished-the
first, to  obliterate your memorialist's credentials, which
prove that he had thact auhority; and the second, whlich is nmost
important and conclusive, to  strike out of existenice JAr.
Thiayer's instructions urginy yolur memoricalist in the course which
he purtsued.




xvi                       MEMORIAL.
Whereupon, respectfully submitting for the consideration
of Congress the many unlawful acts here stated, committed
by Mr. Hale with Mr. Seward's connivance, your memorialist prays for such legislation in the prermises as will vindicate the honor of our flag, and give security to the rights
of American citizens residing in Egypt.  And your memorialist further prays for the restoration of his property, unlawfully seized by Mr. Hale and still unlawfully detained by
him, in violation of the order of injunction made by the
LSupreme Court of the State of New  YTork, and for the
damages resulting from  such unlawful seizure and detention; together with such other and further relief as justice
and equity may require.
F. DAINESEK
WASHINGTON, D. C., 26th Deceeber, 1866.
ERRATA.
Page 15, No. 16, —For Despatch No. 140, read No. 40,
26, No. 27.-For Teki Bey, read Zeki Bey,
36, No. 37. —For Mondios, read Modinos.
43.-For Tastio, read, Tastu,




CREDENTIALS.
No. 1.
lirt. Thayer to the Egyptian Government.
(Translated copy.)
AGENCY AND CONSULATE GENERAL OF THE
UNITED STATES OF AMERICA IN EGYPT,
ALEXANDRIA, 5tlh Sept., 1863.
EXCELLENCY 
I have the honor to bring to your knowledge that my
Government having  granted  *me a leave, Mr. Francis
Dainese remains, during my absence, charge to conduct all
th-e business of this office.
I have the honor to renew to your Excellency the assurance of my high consideration.
(Signed)          W. S. THAYER,
Consul General.
To His Excellency CHERIF PACHA,
M.Iinister for Foreign Affairs of his
H#ighness the Viceroy of Egypt.
As Mr. Thayer died without ever making his return officially known, the
Egyptian government, and all others in Egypt, recognized Mr. Dainese as
Acting Consul General from the date of this credential until his notice of
withdrawal on the 19th August, 1864.




2                         BAPPENDIX.S
No. 2.
Mr. Thayer to Mr,. Tasty,
(Circular-Translated Copy.)
AGENCY AND CONSULATE GENERAL OF TIHE
UNITED STATES OF AMERICA IN EGYPT,
ALEXANDRIA, 5th September, 1863.
SIR:
I have the honor to bring to your knowledge that having
received a leave from my Government, Mr. Francis Dainese
remains, during my absence, charge to conduct all the
business of this office.
I have the honor to renew  to you the assurance of my
high consideration.
(Signed)         W. S. THAYER,
To Mr. TASTU,                                Consul General.
Agent and Consul General of France in Egypt.
A similar Circular was sent to all the diplomatic and consular bodies in
Egypt, and other authorities.
No. 3.
Mr. Thiayer to Captains of armed vessels and others.
AGENCY AND CONSULATE 1 ENERAL OF THE
UNITED STATES OF AMERICA IN EGYPT,
ALEXANDRIA, Sept. 5, 1863.
I hereby authorize and appoint Francis Dainese, esq.,
during my absence, to conduct in my place the affairs of
this office, and hereby request all commanders and captains
of vessels, armed or unarmed, as well as all other persons,
to recognize and consider the said Francis Dainese accordingly.
In witness whereof I have hereunto set my hand
[L. s.]  and affixed my seal of office on the day and year
above written.
(Signed)         W. S. THAYER,
Consul General.




APPENDIX.                      3
No. 4.
Mr. Thayer to Mr. Seward.
[No. 38.]               U. S. CONSULATE GENERAL,
ALEXANDRIA, Sept. 5, 1863.
SIR:
I gratefully accept the month's respite granted to me by
you, and during my absence I authorize Mr. Francis Dainese
of Washington City, to assume charge of the Consulate
General and to act as my exclusive representative in office.
I have the honor to be very respectfully, sir,
Your obedient servant,
(Signed)        W. S. THAYER.
Consul General.
Hon. W. H. SEWARD,
Secretary of State, Washington, D. C.
No. 5.
Mr. Thayer to C7herif Pasha.
(Translated Copy.)
ALEXANDRIA, Sept. 5, 1863.
EXCELLENCY:
A severe illness which obliges me to leave immediately,
deprives me of the pleasure of shaking hands with you previous to my departure.
I must then content myself with sending you my cordial
farewell by my friend, Mr. Dainese, whom I leave in my
place, and whom I recommend most especially to you.
Mr. Dainese is a friend of many years' standing, and
respected everywhere in my country as a man who is as
honorable and just as he is capable and skillful.
Permit me to beg your Excellency that none other but
him be allowed to approach His Highness, or your Ministry, as my representative.
Your devoted,
(Signed)        WM. S, THAYER,
His Excellency CHERIFI PASHA,
llinister for Foreign Affairs.




4                      APPENDIX.
No. 6.
Mlr. Thayer to Mr. 1)ainese.
ALEXANDRIA, Sept. 4, 186%
MY DEAR IDAINESE:
I wish you, during my absence, to exercise the fullest
authority, according to your judgment, in which I have the
greatest confidence.
Among other things, I desire that during my absence you
restore the former state of things, and make the Cairo I"pi'oteges"' entirely dependent on the Consulate General at
Alexandria. Let them receive their permits of residence
here, have all their Consular or legal business transacted
here, and all their petitions and acts transmitted through
the medium of this Consulate General.
Excuse my rheumatic writing, if the sense is clear —what
I mean is to confide all to your discretion.
Your friend,
(Signed)       W. S. THAYER.
FRANCIS DAINESE, Esq.
IRON-CLAD RAMS.
No. 7.
Mir. Dainese to Mfr. Seward.
[No. 391]               U. S. CONSULATE GrENERAL,
ALEXANDRIA, Sept. 11, 1863.
I have the honor to inform the Department, that in consequence of telegrams and letters received at this office from
our Minister at London, and our Consul at Liverpool, respecting the building at Birkenhead of two iron-clads, supposed to be for the Confederates, the ownership whereof is
attributed to the Egyptian government, I applied to, and
obtained from that government an official denial of its having anything to do, or being in any way concerned with the
same, and have instantly conveyed by telegraph this inval



APPENDIX.                        5
uable information to ]Mr. Adams, to whom  I now send by
mail a copy of the despatch. In granting my request HI. II.
reiterated his expressions of friendship for our Government,
adding that he was happy lo have it in his power to place
in its hands a proof whereby to baffle the efforts of its
enemies.
I am, sir, very respectfully,
Your obedient servant,
(Signed)         F. DAINESE,
Hon. W. HI. SEWARD,                   Acting Consul General.
Secretary of State.
The Viceroy denied the ownership of these rains in an official letter of the
following purport, written in French, through his Minister, dated the 8th,
but received by the Consulate the 11th September, 1863, viz:
No. 8.
Cherif Pasha to Mr. Dainese.
(Translated Copy.)
[No. 722.]          DEPARTMENT OF FOREIGN AFFAIRS,
Alexandria, 8th Sept., 1863.
SIR:
I have received the despatch which you did me the honor
to address to me, informing me that the Messrs. Laird were
engaged in building two iron-clad frigates which they pretend to be destined to the government of H. H. the Viceroy,
and asking whether this government had really ordered the
same.
In reply I hereby inform you that this government is
entirely stranger to the building you mention, and moreover
that it does not recognize any order whatexer of that nature.
Accept, sir, the assurance of my high consideration.
(Signed)         CHERIF  PASHA,
Ministerfor Foreign 4tairs..
F. DAINFSF, Esq.,
U. S. Acting Consul General.




6                        APPENDIX.
The telegram sent by Mr. Dainese to Mr. Adams, upon receipt of the above,
is substantially as follows:
No. 9.
iMr. Dainese to ilr. Adams.
U. S. CONSULATE GENERAL,
Alexandria, 11th Sept., 1863.
Hon FRANCIS ADAMS,
U. S. Minister PleniprLtentiary, &c., &c., Ldodon.
The Egyptian government officially denied the ownership
of, and all concern with, the Birkenhead iron-clads. Despatch per mail.                            F. DAINESE.
By the following mail Mr. Dainese forwarded to Mr. Adams the paper in
due form, at the same time informing Mr. Thayer and Mr. Bigelow, at Paris,
of the occurrence.
Subsequently Mr. Dainese received the following, viz:
No. 10.
Mr. Thayer to Mr. Dainese.
PARIS, 22d Sept., 1863.
Your letter, with Cherif Pasha's note, was invaluable,
and has given us great satisfaction. Could you add to our
pleasure and climax the matter by getting an official refutation of the report here circulated that the Viceroy has
promised to look at the two iron-clads ordered by Bravet
if they come to Alexandria, with a view of purchasing them,
and in case of not purchasing them, to assist Bravet in selling them to the Sultan. You know Bravet claims the two
frigates as his own and demands, as a French subject, that
-his government shall release them; but his government.refuses, saying there is no evidence that he owns them.
My opinion, therefore, is that this report is designed by
Bravet to induce England to let the frigates go, as if to the
Mediterranean, so that he can easily deliver them  to the
Confederates.    *    *    *    *    *
(Signed)         W. S. THAYER.
FRANCIS DAINESE, Esq.,
Acting Consul General of the U. S. of America,
Alexandria, Egypt.




APPENDIX. 
Upon receipt of the above message, and another on the following October
from Mr. Bigelow, then our Consul at Paris, Mr. Dainese got from the
Egyptian government the desired refutation; transmitted it in official form
for the use of our Legations in Paris and London, and brought the fact to the
knowledge of the State Department in his despatch, as follows, viz:
No. 11.
Mr. Dainese to Mr. Seward.
[No. 41 ]                      U. S. CONSULATE GENERAL,
ALEXANDRIA, Oct. 27, 1863.
SIR: Since this government's official denial, telegraphed by
me to Mr. Adams the 11th of last Sept., of its ownership
of the iron-clads at Birkenhead, and the seizure of these
vessels, it has been asserted, evidently with a view to procure their release, that they were the property of Mr. Bravet, a F'ench merchant, who was invited by H. Highness.,
the Viceroy, to bring them  here, and was promised their
npurchase, or a recommendation to His Imperial Majesty,
the Sultan, to take them.
I lost no time in bringing this new plea to the knowledge
of His Highness, and asking an official contradiction of this
assertion, which I have obtained and forwarded to our Ministers at Paris and London, and I submit the fact to the
Department for its information.
I have the honor to be, &c.; &c.,
F. DAITNESE,
Hon. W. H. SEWARD,                      Acting Consul Generat.
&ecretary of State.
On the 26th'December, 1863, Mr. Dainese wrote to AMr. Dudley, in reply to
a-ew inquiries on the subject of these rams, the memorandum which follows,
viz:
The British government has been fully informed by its:
Agent and Consul General here of all the dates and details
of the Viceroy's and Bravet's connection with the iron-clads,.
The Viceroy refused, from  the beginning, to accept the
rams, and in August last, Bravet signed a paper releasing
His Highness from all obligation to take them.  If the Sultan wishes to take them the British government has authorized an agent of its own to do so for him.  It will hardly
be necessary to send confirmation of these facts which are
vrell established. already to the British authorities.




8                       APPENDIX.
ADAMI CASE.
No. 12.
Mr.. Dainese to Mr. Setward.
[No. 40.14.. S. CONSULATE GENERAL,
ALEXANDRIA, 6th October, 1853.
SIR: tHerewith I have the honor to transmnit copies of correspondence between this office and the British authorities
at this place, relative to a case which has attracted considerable attention.  *      *      *       *       *      *
Hoping the United States Government will approve of
my course, I have the honor to be, sir, very respectfully,
your obedient servant,
(Signed,)          F. DAINESE,
Acting Consul General.
Hon. W. H. SEWARD,
Secretary of State.
No. 13.
Mr. Dainese to Mr. Cotquhoun.
ALEXANDRIA, 18th September, 1863.
SIR: The person named Paraschiva Adami, an American
protege, under trial before the American consular court for
offences of a serious nature, has just handed me the inclosed
paper, which purports to be a protection fronm the British
court, by virtue whereof he claims to. have, since yesterday,
obtained British protection.
From an examination of the records, I find that from 1857
to this date P. Adami has been under, and has enjoyed,
American protection, always acknowledging  himself an
American protege; that he committed, while under that protection the offences for which he has been tried; that he




APPENDIX.                      9
was arrested as an American protege, signed his bail, and attended his trial at the American consular court as such; and,
as is natural and in harmony with existing laws and practices, he must abide, as such, by the decision of said court.
It being evident that he begged for British protection in
the hope to screen himself from justice, and that the ignorance of his purpose has alone induced the granting of such
protection, I deem it proper to return to you the paper in
question, and to request that you be so kind as to infoimn of
the facts here stated the officers of the British court, and
other officers connected with your agency and consulate
general, that they may not, through mistake, give further
assistance to P. Adami.
I have the honor to be, sir, very respectfully, your obedient
servant,
(Signed,)     F. DAINESE,
MScting Consul General.
Hon. MIr. COLQUHOUN,
IT. B. AM. Agent aend Consul Generalfor Egypt.
No. 14.
Mr. Ponblanque to Mr. Dainese.
BRITISH CONSULAR COURT FOR EGYPT,
ALEXANDRIA, 21st September, 1863.
SIR: I had hoped that the result of our conversation on
Friday last would have been the release from custody of
Paraschiva Adami,-an Ionian citizen, the bearer of a British
certificate of registration, granted by this court. I have yet
to learn in what capacity and under what circumstances
Adami became entitled to American protection.
This person, as I had the honor to inform you, applied to
nle for his certificate in March last, when I-er Majesty's
order in council, rendering registration imperative upon her
subjects, came into operation; but not being provided with




10                     APPENDIX.
all the necessary papers his registration was postponed till
he could produce them.
It must, therefore, be considered that any temporary protection which, rightly or wrongly, he might have previously
enjoyed, was, de facto, renounced when he applied to this
court to be recognized in his proper character as an Ionian.
His papers, as such, were presented on the 17th September, when he was placed upon our register and granted his
certificate.
It is deeply to be regretted that a person in possession of
so conclusive and regular a document should have been arrested by a foreign authority-the more so as there appears
not to be the slightest ground to believe he intended to quit
this city.
As Paraschiva Adami applied in March to be officially
recognized as a British subject, the contention that he merely
sought our protection to evade the effect of proceedings
which commenced in the following August, falls to the
ground.
The fact remains that this man is impriisoned ill the loathsome jail of the Zaptieh by your orders, after lhaving shown
to you an.d to the local authorities his certificate of registration as a British subject; and you must pardon my observing that every hour his incarceration continues gives
weight to the reparation which will certainly be demanded
of every person concerned in his arrest.
I trust you will see the propriety of ordering his immediate release; and when this is effected I shall be happy to
confer with you as to what means should be taken for
securing justice to any one whom he mny have wronged.
I have the honor to be, your obedient, humble servant,
(Signed,)    ALBANY FONBLANQUE,
Her _Britannic MJajesty's Legal Vice-Consul.
To FRANCIS DAINESE, Esq.,
Act'g Ag't and Con. Gen. of the U. S. A. in Egypt.




APPENDIX.                       11
No. 15.
Dainese to i]fr. Fonblanqne.
U. S. CONSULATE GENERAL,
ALEXANDRIA, September 28, 1863.
SIR: I had hoped that the facts stated in my despatch of
18th instant, would have suggested to you the propriety of not
interfering in favor of Pavaschiva Adami, an American protege, tried and sentenced by the American consular court.
However, in your communication of 21st inst., received the
23d, and that of 23d received on the 24th, you claim this person, first, as an' Ionian," then, as a " British subject," and
request to be informed " in what capacity and under what circumstances Adami became entitled to American protection;'
also of " the date of his last registration."
In reply, I will briefly state, that on April 3, 1857, P. Adami
acknowledged, under his signature to be a native-born Smirniote, therefore a Turkisli Greek. That, being then 27 years
old —under public law giving all men of age the right of changi ig nationality, (Foelix Droit, In terna'l Prive, book 1, title 1, page
55)-he begged for, and, by a certificate of that date, was received under American protection; his last certificate as permit
of residence is for the year 1863.
It is well known that, by the laws of Turkey, Foreign Consuls have a right to extend protection; and it is equally known
by public law. that an alien or a stranger born, for so long a
time as he continues under the protection of a Foreign Government, owes obedience to the laws of that Government, and may
be punished for crimes as a native-born subject might be. This
principle is sanctioned by all modern legislators and publicists,
and is faithfully observed by the Government I have the honor
to represent. If quotations be necessary, I refer among others,
to Fcelix's Droit International Priv6, book 2, title 9, chap. 4,
~ 599; also to extracts from  opinions of eminent jurists, reported in Wheaton's Elements of International Law, 6th edition,
page 122 and sequel. In page 135 of the latter work, the
principle is thus stated:




12                      APPENDIX.
"By the laws of Turkey and other Eastern nations, the consulates therein may receive under their protection strangers
and sojourners whose religion and social manners do not assimilate with the religion and manners of those countries. The
persons thus received become thereby invested with the nationality of the protecting consulate.  International law recognizes and sanctions the rights acquired by this connection."
The same principle was adhered to by the Lords of Appeals
in the High Court of Admiralty in England in their decision
"that a merchant carrying on trade at Smyrna, under the protection of a IDutch consul, was to be considered a Dutchman as
to his national character." (Wheaton's International Law, 3d
edition, page 384).
Under this principle, Adami having voluntarily adopted
American nationality, having continued under it and enjoyed
its benefits, and having, while in the enjoyment of these benefits,
offended American law, been tried, and sentenced therefor, lie
must continue under that nationality  until he has fulfilled the
decrees of its court; and he cannot be permitted to throw up
his temporary allegiance to the United States and adopt British
nationality before such fulfilment has been accomplished.
You will thus perceive, sir, that P. Adami is not-as you say
-a British subject; that you can have no founded right to
claim him as such; that the plea in your communication of 21st
inst., to the effect that his application to yozr court to be recognized as an " Ionian " is a DE FACTO renunciation of the termporary protection which7 "'rightly or wrongly" he mright have
previously enjoyed-is untenable, such renunciation not being
receivable until after the fulfilment of his obligations towards
the protecting power; and that your conclusions and demands
resting on that plea " fall to the ground;" and, in this connection, I may be permitted to observe that, even admitting the
material fact set forthl by you, of Adami's application last
March to be recognized as an Ionian, judicially speaking,
such application ought.oon the same day to have been communicated to the American authority by both your court and
Adami; inasmuch as to that authority the application counts
only from the 18th of September, the day on which he exhibited




APPENDIX.                       13
the certificate you gave him on the day before; and on that day
it was too late, the American court having already proceeded
against him.
But aside of international right, which fully disposes of
this question, and upon which I plant myself, let it be remembered that both public report and the Ionian  laws
render doubtful at this time Adami's claim  to British
protection: First, b)ecause it is asserted that the papers by
virtue whereof he claims it are not those of his ancestors;
and this assertion acquired credibility fronm Adami's written
aclknowledgment of being a native-born Smirniote; from
lhis living as a Turkish Greek until he became clothed with
American nationality; and from the fact, most remarkable,
that when he could live no longer here witl;out protection,
instead of resorting to his now  alleged riglht to British, he
begged for and was granted American protection-all which
goes to show that the claim is made up by him to serve his
unsuccessful attempt of flying frotmn justice.  Secondly, because, even if those papers were rightly  his, their filing,
only since last March at a British court at Alexaindria, is not in
accordance with the requirements of articles 21 to 23 of the'Civil Code of Ionian Islands," (Book 1, title 1, chapter 1,
page 4,) which demand a year's previous application at a
court of the Regency, before the clainm can be admitted; and
further, that even if Adamni were rightly admitted as an
Ionian, thle Ionlian laws adhere to the right of expatriation,
(same code, chapter 2, section 30, page 5,) and, as a consequence, to the principle of the expatriated party's duty to
ftfil its obligations towards its foirm)erly adopted nationality.
Taking your remark respecting imprisonment in a " loathsonie jail," as the dictates of a good heart's sympathies, and
not as argument against said imprisonment, I will observe
that it became imperative under the statute, upon the evidence of his intention to evade, exhibited in his (lisobedience
to the American court, on thle plea tlat he was no.longter an
Amterican but a British subject. But a glatce at his offence
of intentionally  deceiving, and, under most aggravating




14                     APPENDIX.
circumstances, seducing and ruining the future of an honest,
innocent young woman, almost a child, and an orphan, will
make him  unworthy of sympathy. He can come out of
that jail by complying with his sentence, and I am credibly
informed that he would have willingly complied with it
but for the lures of British protection.
As I had the honor already of observing to you, our
respective positions impose upon us the duty to repress
wrongs. If criminals under your jurisdiction should seek
under the " stars and stripes" a shelter against punishment,
I should deny it; I aim entitled to, and I trust in, full reciprocity on your part.
Under all these circumstances, and after due consideration of the subject, I feel satisfied that I would be unjustifiable and be acting inconsistently with my duty to my Government and country were I to comply with your request of
releasing P. Adami, before full compliance with the sentence
passed upon him by the U. S. consular court, or of recognizing
his alleged change of nationality before his allegiance to the
United States has ceased to exist; and this allegiance cannot cease without his proper discharge, which he cannot
obtain without compliance with said sentence.
With regard to your quotation of Mr. Saunder's circular,
not on file at this office, that " the chiefs of foreign consulates are requested to communicate directly with me (you)
in all matters relating to the administration of justice,"
permit me to observe that the subject of this correspondence, being one of international right, does not seem to
come within the sense of that circular.
Nevertheless, since both yourself and Mr. Colquhoun wish
that the same be treated directly with you, I cheerfully comply with your request to address this directly to you, and
will thank you to convey its contents to Mr. Colquhoun.
As to sending you a copy of the original complaint, I can
see no good reason for it —that paper, with all the others,
having already in open trial been considered before the
United States court, which alone was competent to take cog



APPENDIX.                      15
nizance thereof, and whose judgments are not subject to the
revisions of any foreign court.
I have the honor to be, sir, your obedient and humble
servant,
(Signed)                       F. DANIESE,
Acting Consul General.
ALBANY FONBLANQUE, Esq.,
Her Brilannic JMajesty's Legal Vice- Consul for Eyypt.
No. 16.
Mr. Dainese to Mr. Seward.
[No. 42.]            UT. S. CONSULATE GENERAL,
ALEXANDRIA, November 12, 1868.
SIR: I have the honor to inform the Department that P.
Adami, the correspondence in whose case was transmitted
to you in my dispatch No. 140, has this day complied with
the sentence passed upon him by the American consular
court, and been released by order of said court.
In a respectful petition addressed to this office, he acknowledges his wrong in trying to fly American justice
under British colors, confessing that he was induced to it by
bad advice, and the facilities shown him by the British authorities; and he now  tells publicly that American laws
made him  a better man, and that he will stand by them
forever.  Thus has terminated the afiair.
In am, very respectfully, sir, your obedient servant,
F. DAINESE,
Actirg Consul General.
Hon. W. H. SEWARD,
Secretary of State.
No. 17.
Mr. Thayer to Mr. Dainese.
PARIS, October 20, 1863.
I have read your budget of despatches (on the Adami




16                       APPENDIX.
case) with entire approval, and have written so to Mr. Seward.
They have been all forwarded.  I am very happy that you
have so distinguished yourself.  Mr. Bigelow  thinks your
argument conclusive.
I congratulate you on the ability with which you have
conducted the affair.  I am sure the reputation of the consulate will be greatly raised by it.
(Signed)               W. S. THAYER.
FRANCIS DAINESE, Esq.,
Act'g Comsul Gen'l of the U. S. A., Alexandria, Egypt.
AMERICAN CLAIMS.
No. 18.
Mr. Thayer to IIMr. Dainese.
PARIS, September 29, 1863.
*   *'  *'  Make all. the appointments to consular
a,gencies before my return.    *    *            *    *
(Siglned)              W. S. THAYER.
FRANCIS DAINESE, ESq.,
Act'g Consul Gen'l of the U. S. A., Alexandria, _Egypt.
No. 19.
Mr. Thayer to Mr. Daciese.
PARIS, October 12, 1863.
~  *  *  Please talk fully to the Viceroy on our protege's
af-airs, and persecute him until he fixes some arrangement.
Nothing but solicitation will do it.    *    *
I hope you will not hesitate to use all the powers you
possess to punish any refriactory agent.  Do everything that
is just and expedient, nothinig more,  nothing less.  What
that is you can judge on the ground better than  I here.  But




APPENDIX.                         17
when you have calmly made up your mind don't hesitate to
enforce your opinion, and I will sustain it.
(Signed)                W. S. THAYER.
FRANCIS DAINESE, Esq.,
Act'g Consul Gen'l of the U. S. A., Alexandria, Egypt.
Agreeable to the above instructions of Mr. Thayer, Mir. Dainese made the
necessary appointments to consular agencies, and pressed the American claims,
which necessitated, besides numerous verbal applications, also his writing to
the Egyptian Government a great number of despatches, among which are the
following:
No. 20.
Mr. -Dainese to Cherif Pacha.
[Translated Copy.]
UT. S. CONSULATE GENERAL IN EGYPT,
ALEXANDRIA, October 26, 1863.
EXCELLENCY: I have the honor to transmit to you herewith
a request of Mr. G. Anhuri, bearing date the 19th inst.; a
second from  Mr. Saba Asearos Cassis, of the 22d ditto;
a third from Mr. Wassif el Hayat, our agent at Siout, dated
the 23d, and a fourth from Messrs. G. and T. Kindineco, of
the 24th of the same month; to the contents of which I
invite your attention.
Hoping that justice will be done to the petitioners, I have
the honor to renew to your Excellency the assurance of my
high consideration.
(Signed)               F. DAINESE.
Acting C(onsalar General.
To His Excellency CHERIF PACHA,
linister for Foreign Affairs.
No. 21.
Mr. Dainese to Cherif Pacha.
[Translated Copy.]
U. S. CONSULATE GENERAL IN EGYPT,
ALEXANDRIA, November 2, 1863.
EXCELLENCY: I have the honor to transmit herewith a re2




18                        APPENDIX.
quest addressed to me by Mr. Abellana, an American citizen
but recently arrived in Egypt, frorl whom the railway officials
have unj ustly taken piastres 510, and to whom his excellency
the Governor of Alexandria refuses to do justice, on the
pretence that the seizure was authorized by the regulations
of the railway, which forbids the carrying' of money by -pavssenogers.
Apart fromn thle injustice of pretendinog that a traveler is
not allowed to  carly ill his purse the small sum  of 100
napoleons, yo'n vill adnlit, Me. le Minister, that a stranlger
nlewly  arrived ill Egypt cannot be expected to klnow all the
regulationlls which it may please each compally to make, and
which, in any case, would, as far as they disagreed witih
cormmon law, only be applicable to residents.
Our American companies have  likewise  their special
regulations, but there is no example extant of a stranger iojured by their rules not having obtained justice before tle
courts of law.  It is this justice which HTis Excellency the
Governor of Alexanldrica has denied to the above mentioned
Americanl citizenl:  and I am compelled to state with regret
that I am unacquai nted lwith a sing le case in whiclIh    e h1as
gtranted to our fellow-citizens the attenltionL which I have the
right to expect firomn  the functionaries of the enlightenled
governnlent of His Higihnless tlhe Viceroy.
1Hoping that you wiill issue the necessary orders, to tihe
efiect that justice be done to Mr. Abelllana, andl1 that due
attention be paid il future by the Gcovernor of Akle.xatl'itia
to applications froml this office, I have the honior to renev
to your Excellency assurance of mny hiilrh considleration.
(Sigtned)             F. DAINESE,
ActAig   Ca'onsu.. Geenc Aieo
To tHis Excellency CI-IERIF PACEA,
Minisler Jfor Pc,reign Affiirs.




APPENDIX.                          19
No. 22.
J1 2. Daiiese to Cheirf Patcha,.
iTranslated Cop.]
CONSULATE GENERAL OF THE U. S. IN EGYPT,
ALEXANDRIA, Xiorember 4, 1863.
EXCEOLLENCY: I received this morning   the despatch No.
825, which you did me the honor to address me under date
of.31st of October last, and which inaugurates a new principle, at the same time that it affects both the rights and
the privileges of this agency, and seems to ignore even its
character towards tlhe Egyptian Government.  If this despatch  be coustrued  upon  its letter, my only alternative
would be to refer the rmatter to His Highness the Viceroy,
-iand await his action.  As, however, the friendly relations,
both public and private, which exist between us, do not allow
nme to believe that it expresses your real intentions, and -as
the senltiments contained in your note of the 2d instant *
persuade  mre still more that the true bearing of the said despatch has escaped your attention, I have deemed it my duty,
bef~ore taling any other step, to make the followiLg observationls to you, and( to await your explanations.
I lmust first remind i your Excellency that the Government
of the United States of America looks upon Egypt, so far as
its ado._.iiaisttrationo is concerned,  as a separate State, governed
1by itself; alid that it has. in consequenlce, accredited to it an
agelnt dlirecil, not through an intermlediary.  Therefore, your
suggCestion in said despatchl, that I ask through the channel of
tlhe enlmbassy at Constantinople, that iwhich I have a right to
call for directly from  the Egyptilan Government, can on!ly be
construed iuto an allindonmrent by the latter of its rights,
or to a waint of' conlrtesy to tlhe agent accredited to it.
The sitiple tact of the existenc(e of your department, and
of the transaction of' Egyptian affairs directly between that
de[partnment and  the foreign  representatives residing  here,
-'CTh ri" Pacha's nrte of 2d Noverobe;,, 1853, al)ove refcred, is here prodlee-d, to fjrtify Mr. Dainese's position, in supposing that the bearing of the
despat;h of 31st October mnutt have escaped the Minister's attention.




20                      APPENDIX.
disposes negatively of the former; and this is still better
illustrated by your recent action in the matter of the measures of police, for the adoption of which you deemed it
necessary to ask our concurrence, and not that of the Sublime Porte, or of the embassadors at Constantinople.
Viewing the question on the second point, it would appear
to assume a character which would call for the action of the
Government of Washington.  Without wishing to discuss
here the question of Mr. Rahrmi's nomination, who, by the
bye, is not a native of Egypt, but a Rtusso-Circassian, and
long since an American protege, permit me to observe that
this agency possesses the right, undisputed until now, to
select its "'employes," even amongst thle natives, aned that it
is only aware of the rule you mention, as forming part of
the news in a newspaper.  I can only, then, take cognizance
of that rule after your department shall have made it the
~subject of an official communication, and can only adopt it
when the American Government shall have approved of it.
If, as you say, this regulation has been adopted in Turkey,
the article 3 thereof, invoked by you would, in this case, be
applicable to the consulates and vice-consulates established
in the portion of the Ottoman territory administered by the'"employes" of the Sublime Porte, and which offices are dependent on the embassy at Constantinople, and are recognized by means of a "Berat" (exequatur) obtained through
that embassy.
As Egypt has a separate administration, its prince and
the foreign representatives at his court stand in their respective positions on the footing of the Porte with reference
to the ministers accredited to it. Therefore, whenever the
Egyptian Government shall have caused within its territory
the adoption of the regulation in question, the article 3, of
which you speak of, will then become applicable to the viceconsulates and consular agents in Egypt, named by this
agency, recognized upon its direct application to your ministry, and which, being dependant on the said agency, mnust,
of necessity, apply to it, in order to obtain from your ministry the authorization which like officers established in Tur



APPENDIX.:21
key obtain through the channel of the embassy at the Sublime Porte.  But for what concerns this agency, itself the
highest authority accredited to the Egyptian Government,
it ought not to address itself to any other but the latter, for
the grant of the privileges and immunities guaranteed to it
by treaties, international right, and custom, and I will consider all refusals on the part of the said government to grant
them as a violation of its rights.
Inviting your most particular attention to these observations, I have the honor to renew to your excellency the assurance of,my high consideration.
(Signed)                        F. DAINESE,
Aetinqg Coonsd Gerneral.
To his Excellency CHERIF PACHA,
MNinister fo.r Foreign Affairs.
No,. 23.
Ch/erif Pacha to Mir. Dainese.
T[Translated Copy.]
CAIRO, November 2, 186C3
Mr. ACTING CONSUL GENERAL:
I have received the note which you addressed me on
the 30th ult., to inform me of the means you had adopted
for the enforcement of the police measures stated in my
circular of the 22d of same month.
I fully appreciate, Mr. Acting Consul General, the opportuneness and wisdom of the adoption of those means, and
am very thankful to you for your ready support to the local.authority on this occasion.
It is by thus uniting our efforts that we will- succeed to
attain the end, and to stop a state of things, the continuation of which would be very dangerous to public security.
Pray accept, Mr. Acting Consul General, the assurance of
my high consideration..(Signed)        CHERHIF PACHA,
JMinisterfor Foreign Alfairs.
F. DAINGSE, oEsq.,
Act,/nj Consul CTenera of the Uniled States of America.




22                        APPENDIX.
No. 24..
Mr. Dai'lese lo Cherif Packcr.
[Trar siated Copy.],
U. S. CONSULATE GENERtAL,
ALEX tNDRIAz N7ovember 14, 1863.
EXCELLENCY: I have received the despatch which you haveb
done mr-e the hon-or of addressing me under date the 9th inst.,
in, answer to mline of thle 4th, from  whichtl T perceive that
there has been a mnisconstructi..on ol your part of the observationsi contained' ini- the latter as relating to rny D-ragonlanl
Mr. Rahrmi.
The employment and protection of' this latter are foreignr,
to th.e principle under discussion, aCind what I have said bears
only on the respective positions of the Government  of His
I-Highness the Viceroy, towards the  representatives accredited to hirm, and the privileges and immunities of this
agency, amongst which  is  the right of eriploying   natives,
which right is imgnrored in your despatch of the 31st of last
October.
In your despatch of 9th November, you admit the power
of Htis Highness" Government to agree directly with foreign
representatives for the adoption of police measures applicable in Egypt, and your ministry's previous despatches show
that it has in fact exercised this power very rightfully, for
everything regarding the Egyptian administration.
In view of this fact, I cannot explain how you. canl deny'
its power, I may even say its obligati'on, to make direct
arrangements with the said representatives for the appointmnent of consular.agents, requlired to ernforce the observance
of said measures by foreigners established or travelling int
Egypt.
You ground your obj'ection on the theory that the consular employment of a native produces an ab-solute chalnge
in his nationality, for which, say you, the sanctiotn of the
sovereign himself would be necessary; but this theory is.
upset by the fact that it only affords to the. individual em1




APPENDIX.                       23
ployed temporary privileges, which cease with the employment.
Even if that theory were correct, is not the sovereign's
sanction to the Viceroy to dispose of his Egyptian subjects
an acquired fact'? and has he not already proved it to be so
by making over six hundred armed Arabs to the Emperor
of the French?
But, as you have raised all these objections on the strength
of the alleged existence of a new regulation which I ignore,
I shall refrain discussing its bearing until it is adopted and
until it is officially communicatted to me.
Permit me also to observe that, even if, as you say, a convention to that effect had been concluded between the Porte
anid the foreign legations at 0onstantinople, as an agreeTment with a minister is not binding upon his sovereign until
lie has ratified it, (Vatel, book 4, chap. 6, sec. 67,) such
a convention cannot possibly, before its ratification, affect
our relations, which must continue on the old footing, according to which I must insist on the right of employing natives
when they have no suit or clail  against the Egyptian Govern men t.
Moreover, this privilege of employing natives is so well
established and so constantly practised by every foreign representative in Egypt, that to deny it to the agent of the
United States would be to manifest towards him dispositions not harmonizing with those which  His Highness entertains for my Government..As your declarationr in the said despatch to' the effect that
His HIighness the Viceroy is merely "'a simple administrator," and not "the depositary of a part of the prerogatives of
the Ottoman IEmpire,"  is susceptible of misconstruction
and misinterpretation respecting the righlts guaranteed to
him by the Europeaun Powers, I beg you will explain the
same, that I may, if necessary, make the fact kiown to my
Government.
Your high intelligence and strict adherence to international law, assure me in advance thatt ou will mraintain the




24                     APPENDIX.
good understanding which should guide our relations, and
conform to the suggestions in my despatch of the 4th inst.
I have the honor to renew to your excellency the assurance of my high consideration.
(Signed)                  F. DAINESE,
Acting Consul General.
To Htis Excellency CHERIF PACHA,
AMinister of Foreign Aftlairs.
No. 25.
Mr. Dainese to Cherif Pacha.
[Translated Copy.]
U. S. CONSULATE GENERAL IN EGYPT,
ALEXANDRIA, December 12, 1863.
EXCELLENCY: I received, on my return here, the despatch
No. 878, dated November 29, which you did me the honor
of addressing mne, from which' I understand that, while you
admit my theory of the powers attributed to Ilis Highness
the Viceroy, which the language of your letter No. 844,
quoted in my note of November 14, had the appearance of
lirmiting, you maintain that these powers do not reach so far
as to enable His Highness to dispense with the applidation
in Egypt of regulations of the existence of which I have
been until now unaware, and which you state to have
emanated front the Sublime Porte with reference to consular employments; whereupon I take the liberty of observing
that, by the treaty of 1840, the laws of the Ottoman Empire
are to be applied to Egypt, with such modifications as the
difference of localities renders expedient; and that the expediency of these modifications is left to the judgment of His
Highness the Viceroy, who has, moreover, the right of applying these laws in such manner as he may think fit.
If the convention on which the regulations seem to be
based were ratified, their application to Egypt would, at all
events, be subject to the modifications before stated; but, in
any case, they cannot be applied in advance of its adoption,




APPENDIX.                        25
as the theory you put forth upon the supposed employment
of a native asserts.
For these reasons I consider myself bound to continue to
adhere to the principles laid down in my preceding letters
of the 4th and 14th November.
As concerns Mr. Rahmi, I consider him  foreign to the
subject in discussion, because it onily relates to principle,
and not to the individual; moreover, after our conversation
held at Cairo, subsequent to the above-mentioned despatch,
I have reason to believe in your full acquiescence to that
prin ciple.
Accept, Excellency, the assurance of my high consideratiotn.
(Signed)                   F. DAINESE,
deting Consul General.
To His Excellency CHERIF PACIHA,
MilnislerJfor Foreign Atffairs.
No. 26.
lir. Dainese lo (Oherif Pacha.
tTranslated Copy.]
U. S. CONSULATE GENERAL IN EGYPT,
ALEXANDRIA, Jatnrzary 20, 1864.
EXCELLENCY: In my despatch of the 26th of October last,
I had the honor to transmit a request from Messrs. George
and Thomas Kindineco.  Your ministry has not answered
the said despatch.
I have the honor herewith to transmit the enclosed additional request from  these genltlemen, who complain, and, I
must say, with reason, of your silence.
Inviting the attention of the Egyptian Government to the
complaints of those whose interests I am bound to press, I
renew to your Excellenacy the assurance of rmy high consideration.
(Signed)                   F. DAINESE,
Acting Consul General.
To His Excellency CHERIF PACHA,
simist/er for Foreign Affairs at Cairo.




26                         APPENDIX.
With a view to have some action through the Viceroy, Mr. Dainese went to
Cairo, a nd, after consultation with Mr. Thayer, who was lying ill there, he
sought of His Highness an interview, which was promptly granted, as the
following letters show:
No. 27.
JAir. Dainese to Teki Bey.
[Translated Copy. ]
HOTEL DES AMBASSADEURS,
CAIRO, 24th Janu1aty, 1864.
EXCELLENCY: I desire to have the honor of an interview
with His Hi(ihness the Viceroy.   Will you be so obliging as
to inform me of the day and hour at which His Highness will
receive mle.
I beg your Excellency to accept the assurance of my high
consideration.
(Signed)               F. DAINESE,./cting U. S. Consut General.
To His Excellency TEKI BEY,
ficaster of Ceremoni7es of H. R. the Viceroy.
Te/ci Bey to 3r. Daintese.
[Tr'anslated Copy.]
CAIRO, 24th Jczuariy, 1864.
SIR: Agreeable to your desire, His Highness will have the
pleasure of receiving you to-nmorrow, at 21 in the afternoon, at
his Palace of Abden.
Accept, sir, the assurance of my high consideration.
(Signed)                        TEKI BEY.
F. DAINESE, Esq.,
Jcting Cognsizl Genercal  qf America.
This interview led to additional promises, without tangible results, as the
sequel shows; whereupon, and after some additional correspondence and further vain efforts to obtain justice, the protest hereinafter was decided upon.
No. 28.
MIr. _Dainese to Cherif Pacha.
[Translated Copy.]
U. S. CONSULATE GENERAL IN EGYPT,
ALEXANDRIA, Jartary 30, 1864.
EXCELLENCY: I am  in receipt of the despatch of your




APPENDIX.                       27
Ministry, dated the 27th instant, in answer to only a portion.
of that which this Agency addressed you on the 26th oft
October last; and I now have to observe, and beg you to
note the fact, that you have been three months in sending
the ansvwer in question.
It puts forward the statements, firstly, that the claimn of
AMessrs. George and Thomas Kindineco had been settled with
the Austrian Consulate Gener-al; secondly, that the Egyptian
government can only take into consideration the acts emanat ing fromr the said consulate respecting that claim.
As the Messrs. Kindineco deny that any such settlenment
has ever taken place, and as their assertion appears to be
sustained by your own offer to take into consideration their
acts in this matter, which would be sent you through an
irregularl channel, I am  under the necessity of requesting
youIst. To supply me with proof in support of your first proposition.
2d. As Messrs. Kindineco are under American protection,
a nd  as this Agency is their duly recognized and the only competent authority for the transmission of their acts and the
defence of their affairs, I must also beg you to quote the
principle of international right whlich authorizes or justifies
your second proposition.
Allow me further to remark, that if any one under your
protection were to apply to our consulate fbor the transmission of his acts, and demand through it payment by the
Egyptian Government of his property and dues, you would
pay no more serious attention to the demand than I do to
that made by you with reference to Messrs. KIindineco; and
I conclude with the declaration that the Egyptian Government ought to receive, consider, and answer, within the customary delays, the acts forwarded to it by this Agency concerni'ng the rights of those who are under its protection;
and that it will be impossible for it to refuse this without
violating its rights, failing in courtesy to the United States
of America, and placing itself under the weiglht of grave
responsibilities, which, 1 trust, you will avoid by adopting




28                       APPENDIX.
towards this Agency a different line of action to that which
you have followed for some time, as is attested by a long
list of pending claims.
I seize this opportunity of renewing to your Excellency
the assurance of my high consideration.
(Sigtned] )                     F. DAINESE,
Acting Consui  General.
To His Excellency CHERIF PACHA,
Minister for Foreicgn Aifairs.
No. 29.
iiEr. Dacinese to Cherif Pacha.
lTrarnslated Copy.]
U. S. CONSULATE GENERAL IN EGYPT,
ALEXANDRIA, Februar4y 8, 1864.
EXCELLENCY: I have just received the circular, No. 57,
which  you did me the honor of addressing  tme on the
3d of this month, transmitting  a printed paper, entitled'"Rules affecting Foreign Consulates," comllmun icated, say
you, by the Sublinie Porte, and having for object an International Convention applicallble to Egypt.
As tilfs printed documeut is neither preceded nor followed
by the usual introductive formalities or signatures, and as it
bears no sign xwhatever of having  been approved by the
contracting parties —things indispensable to give force of
law to a regulation which has for object to change existing
treaties-and as also my Government has not advised -ne of
its existence, and its very tenlor shows that it neither concerns nor is applicable to Egypt, I can only consider it, 0Monsieur le Minister, as a project which I shall submit to my
Government and await its instructions before using it in our
relations,  which, in the nmeanw hile, must continue on their
forrmer footing.
Accept, Excellency, the assurance of my high consideration.
(Signed)                         F. DAINESE,
Acting Oonstl General.
To Ihis Excellency CHERIF PACHA,
Minister for Foreign Affairs.




APPENDIX.                        29
No. 30.
ilk.o Daiwnese to CherXif Pachc,
[Translated Copy. 
U. S. CONSULATE GENERAL IN EGYPT,
ALEXANDRIA, 9th February, 1864.
EXCELLENCY: By a communication dated the 8th of last
September, this Agency transmitted you a claim of the late Mr.
Diamandidi, and renewed it on the 11thl of November followingo
In two despatchles, bearing date the 15th and 17thi of September, it also called for the execution of a sentence by arbitration in favor of AIr. Anhuri; in those of the 17th, 21st, and
22d October, it announced to you the appointment of certain
consular " employes," begging you to cause their recognition.
In that of the 26th, ditto, it called the attention of the Egyptian
Government to the claims of Messrs. Anlhuri, Kindineco and
Wassif el 1Hayat; in that of November 2d, it demanded reparatioll for Mr. Abellana for the money which had been taken from
hlim on the railwav.
In addition to these demands there exists before the Governor
here a  claimn  fronm  Messrs. Gsell and Birclher for stones
carried away from their ground by local subjects; another of
Mr. F. Tourrnbe, for the non-executioni on the part of the
"' Madzlis el Wardat" of a contract adjudged to llimn; and
before the Mdlahia and Governor of Cairo a claim from  Janni
Nicola, for the seizure by Government of a piece of ground at
Glhizeh, belong'ing to him; and that of Mr. Jean Cumins, for
bales  of merchandise lost by the railway officials; together
with others of less importance.
Alany of these claims date from years back.
Not only has no justice been rendered to the complainants,
but your Ministry has even omitted to reply to some of the
above-mentioned despatches, whilst it has made with regard to
others promises, the fulfillment of which is still waited for, and
it opposed to the rest objections having no foundation on right,
and whichi this Agency has been under the necessity of refuting
in its notes of the 4thi and 14th November, and following,
which it now confirms.




30                        APPENDIX.
In presence of this state of things, this Agency, whilst it insists upon its demands hereabove recited, and whilst fully protesting with ample reserves for all that is protestable, it also
declares by these presents, and begs you to note, that it holds
the Egyptian Government responsible for all the consequences
which have resulted from the line of action it has followed, and
for all those which may result by a persistence in the same
course.
The undersigned has the honor to renew to your Excellency
the assurance of his high consideration.
(Signed)                F. DAINESE,
lcting Consul Geeracl.
To His Excellency CHERIF PACHA,
llkfinister for Foreeigjn  crTais.
No. 31.
iMr. Dainese to Clerif Pacha.
[Translated Copy.]
U. S. CONSULATE GENERAL IN EGYPT,
ALEXANDRIA, February 15, 1864.
EXCELLENCY: I have the honor to transimit enclosed a
request from  Mr. Jean Curmins, American )prOte:g, accompanied by an account for piastres 15,800, which he claims
from the railway administration, as the cost of five bales of,merchandise, foIr which he holds the receipt, and which they
have lost.
As tllis claim has been already for some time before the
Governeent, without any action, I beg you to older its setflement; and I reneN to your Excellency the assurance of
nimy high consideration.
(Signed)                     F. DAINESE,
A eting Constl General.
To HIis Excellency CIHERIF PACI-IA,
2Jlinister Jbr Foreign Afcairs.




APPENDIX.                       31
No. 32.
Mr. Dainese to Cherif Pacha.
[Translated Copy.]
U. S. CONSULATE GENERAL IN EGYPT,
ALEXANDRIA, F_-ebruZary 16, 1864.
EXCELLENCY: I have just received the despatch which you
have done me the honor of addressing me, under date the 8th
of this month, No. 70. It modifies your previous letter of the
27th of last January, and encloses the copy of a letter of
Mr. G. Schreiner in support of your assertion that the claim,
of M1fessrs. George cadl Tthomas Kindineco had been settled.
Communication of this copy will be made to the above
mentioned for their explanations, which will be transmitted
to you in due course.
As to what concerns the question of right, I must remind
you that the second proposition in your despatch of the 27th
of January, confuted by my note of the 30th ditto, whilst
its wording left it evilent that Messrs. Kindineco's claim
was still pending, yet it maintained that it ought to be carried on by the channel of the Austrian consulate; whereupon I asked for the quotation of the principle of international right authorizing or justifying  such a proposition.
Your despatch of the 8th instant, while eluding this
principal question, affirms, in substance, that the affair of
the Kindinecos, liaving been settled through Austrian intervention, could not be. recormmenced under the Aimericanl
autbhoities-addin g, thatbthe principle on which you took
your stand was too simple to be discussed.
As every principle of right rejects the resumption of any
cause which has been definitely settled according  to law, I
am  under the necessity of observing that, if your proposition already cited had been to this effect, it would never
have been discussed; but I also observe to you that no principle within my knowledge takes away fronm the claimant
who may have changed his nationality the right of claiming
his property through the channel of his new authority in a
pending cause; neither does any principle authorize the (de



32                      APPENDIX.
fendant to dictate to the other by what channel he ought to
seek his rights; and, as your preceding letter sustained the
cohtrary,. I asked, and again ask, on what principle you
ground your assertion.
Your above mentioned despatch of the 8th, in answer to
my note of the 30th of January, contains the following
paragraph:
"Besides this afaitr, there are others which have been
pending or three mon(ths, and which, to quote your own expression, Mr. Acting Consul General, have received no answer
within the customary delays."
A simple referenice to my aforesaid note will show your
mistake in attributing this sentence to me.
Many of the pending affiirs therein referred to date from
several years back, and Ilmay of therm, being within the jurisdiction of the tribunals here and at Cairo, do not consequently need the search after information to be had "at
sufficiently great distances," in orde~ to insure their settlemen t.
Your said despatch of the 8th of February contains, more,
over, observations and assertions concerning Messls. RahmiArcache, and Luca, which have excited my surprise.  Firstly,
those bearing on the nationality of the two first are gratuitous, the one being under American, and the other under
French protection, and the pretension advanced concerning
the third is equally repugnant to both reason and law, which
do not require the furnishing of proof to a negative, or the
pointing out of means for obtaining it.  Secondly, because
even if -the two formner were, as you assert, " M. le Ministre,"
"rayas," and the other unknown to you, these would not
be valid objections against their employment or my right to
use their services.  Thirdly, because the printed paper you
have transmitted to me with your circular of the 3d of this
month, and of which you seem to  make use for sustaining
your ground is not yet recognized by my Government nor
applied to Egypt; and that, were even such to be the case,
it could not have retrospective action or affect the prerogatives of this Agency in such cases; and here alldw me to




APPENDIX  33
observe, that these gentlemen have been employed during
last sunmmer, according to the then established custom and utsaye,
and  that their nominations were transmitted to you in
October, 1863.
I believe it to be useless to remind you also that in our
interview  of the 20th of November last, you assured me
that you had ordered the recognition of both of them, and
promised to write immediately for the third being recognized,
and I can only attribute to forgetfulness or a misapprehen.
sion your observations in said despatch on this subject.
Persuaded that you will set aside the unpleasant consequences which cannot fail to arise from  any hindrance to
the firee exercise of the functions of the above-rnentioned
agents, and confirming my previous letters, I renew to your
Excellency the assurance of my high consideration.
(Signed)               F. DAINESE,
Acting Consul General.
To His Excellency CHERIF PACHA,
Aliniister for Foreign Acfairs.
No. 3.
Mf. Dainese to (Iherif Pacha.
]ITranslated Copy.]
U. S. CONSULATE GENERAL IN EGYPT,
ALEXANDRIA, Yebruary 25, 1864.
EXCELLENCY:  In continuation of the notes of this Agency,
dated October 26th and January 30th, 1864, and that of 16th
inst.o, with regard  to the claim  of Messrs. George and
Thomas Kindinceo, I have the honor to transmit herewith
to you their reply, accompanied by a certificate, duly authenticated, friom t. r. G. Schreiner, containing the explana_
tions called for in your despatch of the 8th of this month.
It is to be seen, from these papers, that their claim is still
in suspense, and I, therefore, beg you, Mi. le Ministre, to
have the kindness to proceed to its settlement without
further delay.




34                      APPENDIX.
I seize this opportunity to renew to your Excellency the
assurance of my high consideration,
(Signed)                F. DAINESE,
AiciThy Consul General.
To His Excellency CIERIF PACHA,
minister for Foreign Aflairss
No. 34.
[Translated copy of the Austrian Consul's certificate, accompanying Mr.
Dainese's dispatch of 25th of February, 1864, to Cherif Pacha.]
CAIRO, JNYovember- 25, 1866.
[No. 2546.]         IMPERIAL AND ROYAL ALTSTRIAN
CONSULATE GENERAL IN EGYPT.
At the request of Mfessrs., the brothers G. and T. Kindineco, the Consulate General of Austria in Egypt certifies
that their law-suit against the Egyptian Government has
never had a perfect solution.
In virtue of the convention which should have settled this
affair, and which was accepted on one side by the Egyptian
Government, and on the other, by this Consulate General,
a sumn of $29,000, besides the other sums granted to the
claimants by way of compensation, was made over by the
local government to the Bank of Egypt-a creditor of the
Messrs. Kindineco.  This transfer has never had the effect
desired; notwithstanding the repeated efforts of this Consulate General the Egyptian GovernmLent has never engaged
and obliged the Bank to which the transfer was made to recognize the consequences of right resulting from it'.  Until
the regulation of this transfer, the above-mentioned convention, of which this transfer forms an integral part, cannot
be considered as having been executed.
Moreover, the undersigned certifies that the Messrs. Kindineco have constantly refused to give the Egyptian Government a final quittance for all sums demanded in due form of
law.  His Highness, the late Viceroy, Said Pacha, in order to
end this dispute, had promised the brothers Kindineco, by




APPENDIX.                           35
the medium  of the undersigned Consul General, a contract
for the supply of timber for five years, and on this condition the Messrs. Kindineco declared themselves disposed to
give the receipt required.  Nevertheless this promise has
never been executed.
THE CONSUL GENERAL OF AUSTRIA,
FNo. 240.]        [L. S.]                       G. SCHREINER.
True copy of the original certified to by the Imperial and Royal Consulate
General of Austria, Alexandria, September 14, 1864.
About two weeks after the protest of the 9th of February, hereinbefore
shown, Mr. Thayer wrote to Mr. Dainese the following letter, whereupon he
went to Cairo, and after consultation with Mr. Thayer, as to the next steps to
be taken for obtaining redress, it was decided, as a common resort in the Eqst,
to intimate to the Egyptian Government, that unless we are better treated, we
will strike our flag and depart, which was accordingly done, and elicited new
assurances, expecting the fulfilment of which, Mr. Thaver died.
No. 35.
Mr. Thayer to Mr. Dainese.
CAIRO, 24th February, 1864.
*  *  *  It is about time to begin siege operations in our
business with the Viceroy; when do you come up?  *  *
(Signed)                            W. S. THAYER.
FRANCES DAINESE, ESQ.,
Act'g Cons'l Gen'l of the U. S. of America, Alexandria.
INTERNATIONAL RIGHTS.
No. 36.
Mr. Modinos to Mlr. Dainese.
[Translated Copy.]
CONSULATE GENERAL OF GREECE, IN EGYPT,
[No. 1225, 1274.]          ALEXANDRIA, 21st December, 1863.
SIR: I am  informed by the consul of Greece, at Cairo,
that about four months ago, Mr. Constantine Mango, melchant of that city, a Greek subject, born at Syra, of parents




~~~36   ~APPENDIX.
enijoying  Grecian  nationality, asked  permission from  the
cousulate at Cairo, to abandon his nationality, which that
consul declined, for want of authority so to do, and sent the
request to the royal government for its decision.
N'evertheless, Mr. Mango applied to and obtained from
thle consulate general of the United States its protection,
with the papers to that eftect.
The laws  of Greece punish the subject who arbitrarily
changes his nationality.  It is true that the Greek governmient does not seem  too severe in that respect, nor cares to
prosecute Greek subjects naturalized in a foreign country;
yet it does not, nor cai   recognize  them  as subjects of that
countr:y, unless they lhave resided therein and have obtained
its nation.ality by regular naturalization, in conformity with
the laws to that effect.
Consuls have no right, nor are competent to clothe strangels lesliding in their districts with the nationality of their
States.  If such power was recognized in them, great disorder would reign in the relations and the service of the
consulates of different powers established in the same city.
For these reasons the Greelk government cannot recognize
as subiect or prot"gc  of America, ir Ce..Mango, and, therefore, I hope that you will dismiss himn from Amnerican protection, and grant it no more to Greek subjects.
I sieze this opportunity to present to you the assurance of
my high consi.deration.
(SigZ'ed)                    A. IE. MODIN'OS,
Aecyg CGonsml Gemeral of Greece.
To FRANCIs DATNESE, ESQ.,
Aet"gy (os 1 G-en'l of the U. S. A., Ale.andria,.Egjlpt.
No. 37.;'. Dctinese to l~r..otnczdios.
[Translated Copy. ]
U. S. CONSULATE GENERAL. IN EGYPT,
ALEXANDRIA,  12h Janucary, 1864.
SIR: I ltave just received the despatch which you did me the




APPENDIX.                         37
honor to address to me on the 21st ult., containinc thle informnation communicated to you by tle Greek consul at Cairo,
and declariinog, in substancee  1Ist.''That tile laws of Greece
punishl tble sulject who carbitrarily changes his nationality.  2d.
h'lat the Greek Government does not recog'nize, except conditioliaily, expatriated subjects as subjects of other countries; and
3d. Thlat Consuls have no right to grant protection to strangers, &c.  On the basis of w1tich declarations you ask me to dismniss fron American protection Mr. Mango, and to abstain from
granting' it hereafter to Greek subjects.
1 will first ask of you the favor to quote the laws under which
you make these three dleclarations; I then beg leave to observe
that the Greek laws which you invoke, rule Greece; that in
neutral States, such as Egypt is, international law guides our
relations, and that under these, all men of age and free from
obligations-and AMr. Mango is of that clatss-a re at liberty to
renounce their nationality and adopt another.  (Foelix, Droit
International, Priv8, 3d edition, book 1, page 55.) And consuls
in the Levant have the right to protect strangers within their
districts.  (Wheaton Int. Law, 6th edition, page 135.)
This right of protection is even recognized and fully exercised. by the Greek consulates in Egypt, from the fact of their
keeping innumerable strangers under Greek protection.
\Moreover, by a glimpse at the very laws of Greece, wlhicl you
invoked, I see that both tlhe law of Mlay 15, 1835, and that of
September 14, 1856, instead of inflicting any punishment on
subjects who expatriate themselves, puts no restriction whatever to their expatriation.  And I will also submit that, as all
relations between government and subject cease to exist after
the latter's renuncia tion of nationality, the former cannot thenceforth dictate his course for securing  to himself another protection, which fact dispos:s of your declaration, to thle effect that
the government of Greece cannot recognize the foreign proteetion granted to a Greek until after lie ihas been naturalized, &c.
IMr. Ma/ingo being' an associate of the New York Rallis, and
ihis trade requiring American plrotection, it was granted him at
Iiis own request, and I see no good reason for witlidrawing it
fronm or for denying it to otlers of }Mr. Mango's class.  It is
upon this principle that this consulate has made no objection




88                      APPENDIX.
to the withdrawal by Messrs. Riso and others, from American
protection, and their adoption of that of Greece.
It must be remembered also, that before granting Mr. Mango's
application for protection, I communicated the fact to 3ir. Consul General Charalambi, in your presence, with inquiry as to
whether he had any legal objection, to which he answered negatively, adding that i1r. Mango was at liberty to renounce
Greek nationality and take American protection, but observing
that if he desired to secure the privilege of returning to his old
allegiance, he must in that case depart with the Greek governnient's authorization.  If therefore that authorization is needed
only to secure to Mr. Mango a future privilege, and he relinquishes it, it is his own business; and the case is so clear, that
Mr. Charalambi received Mr. Mango's act of renunciation without hesitation, returning to him an authenticated copy thereof,
under No. 1,005 of your Consulate's Register, which copy is
on file at this office.
As regards your last declaration, to the effect that the
Government of Greece would decline to recognize Mr.
Mango as our protege, this would not be regarded as a punishment to that protege, whom  the protecting power will
take care to defend, but an interference with the rights of
the latter, which, I hope, will not be attempted.
I seize this opportunity to renew to you the assurance of
my high consideration.
(Signecd)                      kF. DAINESE,
Acling Consul General.
A. E. MoDINOS, Esq., Acting Consul General of Greece,
Alexandria, Egypt.
No. 38.
JJr. Dainese lo Mr. Seward.
[NO. 50.]              U. S. CONSULATE GENERAL,
ALEXANDRIA, April 13, 1864.
SIR: I have to report the painful tidings of the death of
WV. S. Thayer, Esq., United States consul general for Egypt,
which took place on the 10th instant, at his residence here.




APPENDIX.      -39
Mr. Thayer had long been affected by disease of the
lungs, which year after year impaired his health. In July,
1863, he had a severe attack, which was temporarily checked,
he not having since then enjoyed good health three days at
one time.  On Sunday evening, the 3d instant, he complained of a choking sensation. His standing physicians,
Drs. Ogilvie and Mackie, were instantly sent for. They attended him till the 7th, when, no change being perceived, I
invited two additiontal members of the medical body, Drs.
Warenhorst and Coluei, to consult and act in concert with
the former. They agreed upon a system of cure, which was
carefully continued, but with no efiect. On Saturday night,
the 9th instant, he showed some slight improvement, and
slept for nearly three hours. He awoke apparently better,
but a few minautes later, he stretched and gave up life. Care
and solicitude were not spared for his com fort, and if these'could lengthen life he would be still among us.
On the afternoon of the 11th instant the funeral ceremonies were solemnized at the consulate general and in the
Protestant burying ground of Alexandria, where his remains
have been placed. The cortege was attended by the diplomatic and consular corps in uniform, and by a double line
of gunards,  besides the American citizens and prot'g's of
Alexandria, and a very large concourse of European residents, all of whom were in so friiendly terms with the deceased as to feel a sense of personal loss in his death.  The
pall-bearers were the chief representatives of France, Italy,
Holland, Sweden, Norway, the acting consul general of
Prussia, and the British consul, the chiefs of the two latter
being absent.
Mr. Thayer had hardly attained the prime of life when
death so untimely carried him away.  His eminent social
qualities had won him the affection of a large circle of
friends. HIs high literary attainments had made him well
known to the literary world, and his numerous contributions to magazines and journals have given him a creditable
reputation in literature. He was a graduate of Harvard




40f                      APPENDIX.
College, and the honorary member of several literary associations in America and Europe.
As the deceased was urged by his physicians to sail for'
Europe, and that availing, hilimself of' the latitude kindly
given him by you, he thad decided to go 1as soon as his
strength would permit, he had requested  ume  to contilnue
(under my former credentials, which he never revoked) in
managing the consulate general, which I'did.  I now hold}
it and its property, subject to the orders of the Departnient,
and will by this very mail write to thle  lanlily of' the deceased respecting his property, for w.hich the steps requir1ed
by law have already been taken by me.
I anm, sir, respectfully, your obhledient servant,
F. DAINESE,
Act.ing Constl Genae,"al.
Hon. W. 11. SEWARD,
Secretary of State.
VIOLATION OF DOM3 ICIL AND REPORT OF Ji-IALE "$
COINTDUCT IN EIGYPT.
No. 39.
-iir lDainese to Xr. LincoblZo
To His Excelleney the Presidet?: of the United States,3R. PRESIDEIT:~    A few days since, whilst on my return
from  the mineral baths, where I had sought to cure the
severe illness I had contlacted in Alexandria, I read Mr.
Hale's publislled address to the Viceroy of Egypt (of which
a translated copy herewith) wherein, in your name, he censures the course adopted by ime as Acting Consul G-eneral,
whilst at the same timne, he eulogises Mr. Thayer's line' of
action.
The sordid motives which are said to have dictated iMr.
Iale's conduct in the afiair of the flag, necessitated that for
appearance sake, and in order to coax the Viceroy, he should
put forward as an excuse for reversing my measures, sorne




APPENDIX.                       41
imiagoinary wrong on our part, and, in order to effect this, he
has nlot scrupled, havinlg  a whole-some fear of ]Mr. Thayer's
flriends before his eyes, to make mie serve as scapegoat in the
address in question.
But your' well k-novwn sense of justice su leiently assures
me tha the expressions used in that document Nwere unautllorized by you, or, that, if authorized, tlhe autliority to use
t-herm has been obtained by erroneous statements with refeirence to facts and occurrences which I now subnlit to you
from my point of views-a glalnce at which wnill demonrstrate.
Ist, that my course from thle beginning of my charge w7as
simply that initiated and  dilrected] by AMr. Thayer;  2d, that
it was indispensable in anct easiteri? couttatry, anld mnore consistent
with our national dignity than Mr. Hale's; cadid 3d, tlat his
censure of it involves a condemnation of Mr. Th'layer's conductt and causes the United States to appear insensible to
the last insult offered to that gentlemnan's remains, as stated
hereafter.
Ien the surmmer of 1863, at the pressing solicitation of AiMr.
Thayer, I consented to take chat'rge of and conduct the Ui!ited States Consulate General at Alexandria until his return.
HIe apprised the Department of State of this in despatch NTo.
38 (herewith in copy), and the local authorities and f:breign
representatives by circulars and letters marked A, 1B. In
presenting me to the Viceroy, he demnanded in the namne of
our Government, and was promised, the imrnmediate settleiment through rne of all the old pen ding claimls.
After BMr. Thayer's departure, I obtained and sent to London to Mr. Adams, our minister, the evidence necessary to
insure the seizure at Birkenhead of two hostile rams, and
of this I infbrmed the State Department in despatches No.
39, 41.
Subsequently I carried to our advantage, a point of international law touching a question of jurisdiction between the
A merican and British authorities in Egypt, and aldjusted satisfactorily the difficulty involved, as was stated to the ]Department in despatches No. 40 and 42.
Later, I had to assume charge of and conduct, at my own




42                       APPENDIX.
expense, and with an increase of labor, the United States
vice-consulate at Cairo, whilst, at the same time, I attended
to the business at Alexandria and the unsettled clainis left
in my charge; and, after Miir. Thayer's return anid Mr. Vice
Consul March's arrival and death, it fell to me to arrange
the comnplicated affairs of the latter, and settle his estate.
Mr. Thayer approved of and thanked nme for all I had
done, and begged me to continue to act and aid him, a request to which I only acceded from regard to his delicate
health.
As the old claims still remained unsettled, Mr. Thayer
duly complained thereof through me, and as our representations produced no tangible result, directed and dictated
the protest of February 9tih, 1864, (herewith in copy,) and
marked C, to be made.
This protest also, being productive of no good effect, we
intimated to the authorities that a continuance of such ill
treatment would conlpel us to strike our flag and leave.
This elicited excuses and renewed promises that justice
should be done, and whilst he awaited their fulfilment death
overtook him.
On this melancholy occasion the authorities displayed unmistakeably their "'animus" by omitting the customary attendance at his funeral-a lack of respect noticed by the whole
consular body and denounced by the local press. A demand
for an explanation of this want of courtesy and common
feeling remained entirely unanswered.
After _Mr. Thayer's death it was my evident duty to continlue to conduct his officiil affairs until such time as the
Department, duly apyprized by me of the evetnt in despatch
No. 50, should provide a successor to the deceased. I folloNed up his plans and again met with renewed promises until the 15th of July, when the police, in defiance of consular
jurisdiction, delitberately violated an American domicile (that
of Mr. Tlhomas Killdinleco), beating its owner, and for this
I demanded reparation, which being refused, both the national honor, and the action of our own atnd foreign representatives in like cases, Mr. Consul Macauley's precedent in




APPENDIX.                      43
1852 approved of by Mr. WVebster, and the line of conduct
previously adopted by Mr. Thayer, seemed to make it my
imperative duty to insist upon redress, with the declaration
that, in the event of refusal I should be under the necessity
of striking my flag and suspending diplomatic relations.
In the course of the previous year, Mr. Acting Consul
General De Beauval had, in view of a mrinor affair, demanded and obtained the reparation he sought, and as that x:hich
I required was not given at the time specified, I acted in
accordance with my declaration.
Soon after this, His Highness the Viceroy, entrusted Mr.
Tastio, Agent and Consul General of France, with the mission of effecting somle arrallgement, and after a few days'
negotiation, a reparation accompanied by guarantees for the
settlement of all claims pending, was promised through that
gentleman; we were thus on the poiiit of bringing the matter to a satisfactory and triumphant termination, when the
reported unpatriotic interference of an old foe, temporarily
in charge of the legation at Constantinople, arrested further
proceedings, and Mr. Hale's subsequent conduct entirely
put an end to what would otherwise have proved an assured
success.
This conduct, and Mr. Hale's antecedents in Egypt in
1862, are more particularly described in my despatch, No.
57, herewith in copy, with its accompaniments wherein he
is accused by affidavits, of having acted in consequence of
the receipt of large presents; I also add for reference copies
of my other despatches To. 54 to 59 to the Department, together with as many of their enclosures as escaped his
clutches, in illustration of the whole transaction.  They are
substantially correct copies of the originals, although owinag
to their having been copied from rough drafts, there may be
some slight changes irl their wording.
It should be remembered, Mr. Presidlent, that although
ever ready to serve my country (witness the services I rendered at home at the commencemlellt of our national difficulties, and particularly on the night of the 26th of April,
1861, when I received the distinguished honor of your per



44                          APPENDIX.
son)al thanks)9 a(nd disposed to exert myself for the common
\velfare, Imtever tsked or solieifed the charge of Acting Consul
General in Egvpt, which was, in some sort, forced on  and
only acceptecd by me for a time in order to  relieve Mr.
ThaD'9.yer, v7iwhose ill health  r equired  repose and chan-ge  of
scenle.
I never either demanded or received any pecumalry emolb
iument for flthe task I undertoolk.
Aflter Mr. Thayer's death, whlich I duly announced to the
Department, five months elapsed before I was relieved from
11my duties,  and during all that period I (levoted my fullest
attention and labor to the extensive pending business of the
consulate general; although, in order to do so, I was compelled to nleglect my own private aftairs, which have, consequently, suffered considerably, and I have never even been
reimbursed in my official expenses.
WVhilst in charge of the office, I comported myself to the
best of my judgment and ability, for the honor of our country and for the amelioration of the interest of our citizens
and "6protrges" in Eoypt; and the course I adopted and the
services I rendered  did not fail to elicit the  approval and
praise of distinguished  Arnericans, of the Christian community, and those we protected.  In fact, in testimony of
their satisfaction, they recently sent me a *very kind  letter,
herewith in copy, marked D, accompanied by a gift of over
six thousand dollars, (in that time's value of currency,) which
I forwarcded home for the  relief of our sufebring  brethren,
and which, as concerns its liberality, is, as yet, unequalled
by  the  contributions forwarded  by other consuls.*  (See
(lespatch No. 53.)
Commitftee of Protey~gs to _Ir. Dainese.
ALEXANDRIA, 6th of JGuly, 1864.
F. DAINESE, Esq., Actizg U. S. C'onsul Geieral for Egypt.
Srn: Feeling deeply the calamities of war in the United States, under whose
powerful protection we are living in Egypt, and being desirious of showing,
both to yourself, sir, and to the American people and government, our full appreciation of that protection, and ounr sympathy for the sufferings of ounr struggling brethren, we herewith enclose a purse, containing five hundred and seventy-seven pounds'sterling and four shillings, accompanied by a list of subscri



APPENDIX.                                      45
If that course and  those services, proceeding, as they  did,
from a consciousness of right and the dictates of an honest
bers, which, as a committee selected amongst them, we request you in their
names to accept as our contribution for the relief of the widows and orphans
of those who have fallen victims in defending the Union.
We are, sir, respectfully, your most obedient servants,
(Signed)                           A. M. RALLI,
T. STIER,
CONSTANTINE G. MANGO,
SOLIMAN EFFENDI RAHMI.
Amouznt i?3
lVarmes of the Subscribers.                Amount t
Pounds Sterling.
A.  M. Ralli....................................   ~150
T. G. Rodocanachi & Sons,.................o                  60
Soliman Effeldi Rahmi............................          50
Aioub Babazogli.....................        50
C. G. Mlango.............................................  30
T. Stie.....................................     20
G. N. Kindineco..................................         20
Thomas N. Kindineco..............................  20
F. Cordachi.........................          20
B. Coury................................................    20
A. Sambrea.u..........................................      20
Y. iBal thlow l I..........,,.   0.......... 10
D. vG. MIizevere.......................................     10
J. S. Miigo....................................... 10
S. S. Constantino...............................            10
Giuseppe Auad..........................           10
Habib Arcache..................................  10
Alessandro K. KamDani.......................              10
Napoleone Galli.............................         10
Nissa BEicher............................         10
Ibrahim Mileka   5....................................      5
Abdalla Tamnburgi.............                            5
G. Oskar...............................................  5
Salek Avat...............................           4
S. Milner...............................................    4
A. Cumin............                                        3 4
G. Telatinidi......................             1
~;577 4s
M]r. Chase to 7l1r. -Dainese.
(Copy.)
)CH1ERry HIILL, NEEARI SALE3I, MIASS., Aug. 26, 1804.
DEAR Ma. DAINESE: Your note reached me at this place, where I have been
spending a few days since I have retired from office.  I was much gratified by
the proof it brought, not only of your own zeal for the TUnion, but of the interest.
inspired by you to others.
I have already commended your letter to  lvr. Fessendenrl, my successor,  vholo
will be as much gratified by it as I am, and will also soon comply with your
wish concerning the publication of the letter and names.
With best wishes, yours truly,
(Signed)                                             S. P. CHASE.
F. DAINESE, Esq.




46                          APPENDIX.
heart, fail to be approved of at home, they will not, I am
sure, be considered deserving of censure, and will, I hope,
be freed from your disapproval by a removal of the expressions, as I believe, surreptitiously used in your name by Mr.
Hale, in his address mentioned at the commencement of this
letter.
The wrongs I have here noticed and explained in  despatches Nos. 57, 58, and 59, are of two classes: first, those
which involve the dignity of the Government, and in bringing which to your notice I have only fulfilled my duty as a
citizen; and secondly, those which immediately injure my
private interests, and for which I hope to obtain early redress at your hands.
I have  the honor to  be, with  the highest respect, Mr.
President, your most obedient servant,
(Signed)                           F. DAINESE.
GENEVA,  December 18, 1864.
No. 40.
hale's Address to the Viceroy.
(Translation of the address presented to His Highness the Viceroy of Egypt
by the Agent and Consul General of the United States of America, on the 30th
of October, 1864. Extract from the' Spettatore Egiziano.")
HIGHNESS: The President of the United States of America
has made himself acquainted with my report concerning the
events which occurred in Egypt before my arrival, and after
the decease of my predecessor.
I am directed by the President to assure your Highness
that he has learnt with much regret that, after the irreparable loss of Mr. Thayer, his eminent and cherished representative near your HIighness, unsuitable measures had been
adopted by an accidental consul general.*
M Mr. Dainese thinks that he was not any less the rightful incumbent of the
Consulate General in Egypt than President Johnson is that of the White House.
The deaths of the righttul appointees compelled both to assume their duties.
The Constitution provides for the emergency in the case of the President.
The diplomatic and consular regulations approved and followed by the whole
civilized world provide for that in the case of Mr. Dainese.




APPENDIX.                               47
Above all, the consular flag having been struck without
either the general or private authorization of the American
Government, this very regretable act is specially disavowed.
I am  instructed  to refuse all protection to Kindineco and
Santi, who have been the cause of the last embarrassments.
Lastly, I am  directed  to assure your Highness that the
President has ever been, and still is, desirous of cultivating
the sincerest relations of friendship  with  your Highness's
Govebrnm ent.
-Remarks on theforegoing Document.
The " accidental consul " can be no other than 5Mr. D..inese, who, notwithstanding this artful attempt to discredit him, was, and had never ceased to be,
to all intents and pu p pses, after lhis nomination by Mr. Thayer, the accredited
Agent and Acting Consul General of the Ucited States at Alexandria, during
lMr. Thayer's absence, and was so recognized by all the authorities and the
diplomatic and consular body in Egypt.
Mr. Dainese was and is under the impression that, as the representative of
Mr. Thayer and, through him, of the United States Government, he was fally
justified in taking such measures for the redre.s of the ins-ult offered the consulate, and the further grasp of American interests, as Mr. Thayer, whose
delegate he was, would have adopted had he been personally present, as is
testified by the protest of February, 1864, written to his dictation, against the
multifarious misdeeds of the Egyptian authorities.
The term "regretable," (facheux,) applied by MIr. Hale to Mr. Dainese's
line of action, can hardly be applicable, unless it be admitted that, notwithstanding many grievous wrongs, the American Government has decided to
avoid any discussion with foreign powers, even at the expense of justice and
the national dignity of this country-and this Mlr. Dainese cannot believe to
be the case.
To disavow his proceedings will, he boldly asserts, only lead to further complications, owing to the tortuous character of Oriental politicians; and Mr.
Hale, who has sought to win favor with the magnates of Egypt by withdrawing all protection from Messrs. Kindineco and Santi, and abandoning them to
their oppressors, will, in future, be compelled to adhere to the same degrading
and subservient policy, and become a cipher for any good purpose, as far as
our national interests iu Egypt are concerned.
No. 41.
il-r. Dainese to K13r. Seward.
[No. 54.]                       U. S. CONSULATE GENERAL,
ALEXANDRIA, July 21, 1864.
SIn: I have the honor to report that on the i5th inst. an
American domicile was brutally violated by some forty armed




48                        APPENDIX.
policemen, headed by a deputy of the chief of police; its owner
was beaten and dragged forth from his place, and his men who
were engaged in the erection of a small Perry pump, driven by
horse-power, imprisoned, and the work stopped.
Before this, the chief of the police, in a note dated the 13th
inst., requested this consulate to stop the work, beccuase a steanl
engine was being erected, and could not be without specicd permission.
Promptly, according to the request, this consulate caused the
work to be stayed until, after the examination, it was ascertained that there was no steazm engine on the premises, and that
the reason assigned by the police did not exist; it, therefore,
removed tlhe injunction, at the same time apprizing the police
of its reasons for so doing.
It was not until after this that the police, at 6 A. M. of the
15th inst., perpetrated the act before mentioned, and at 9 A. M.,
three houzrs cfter, I received a note from its chief, bearing  dt,te
the 14th, intimating his intention of acting as lie did.  This
latter step can only be regarded as a direct and intentional insuIt to the consulate.
Under my credentials from the late Ar. Thayer, as " Acting
U. S. Consul General,"' and recognized and addressed as sucht
by this government, and by the consulates of foreig'n powers,
there remained to ime but one alternative under the circumstances,
namely, to demand the immediate arrest and punishment of the
offenders s; any othler course would, in the eyes of these people,
appear an omission to resent, on tlle part of the United States,
one of the grossest insults ever offered to a foreign power, and
in this my opinion, my colleagues, tlhe English, French, and
Italian Consuls General, cordially concurred.
The satisfaction thus demanded being declined, owing to certain intrigues, I telegraphed to the Viceroy that if it was not
given by the 20th inst. at noon, I should haul down the United
States flag and suspend diplomatic relations with his government.  His HighIness being exclusively occupied with matters
of trade, and having abandoned affairs of State to his ministers,
referred the business to them.   They held a council in whlich
the wisest urged that my demand be acceded to, seeing that right




APPENDIX.                     49
was on my side, and that sooner or later concessions must necessarily be made; others, led by Cherif Pacha, Minister for Foreign Affairs, and a bitter enemy of the United States, opposed
the proposition on the ground " that Americans might be bullied
now because they were busy at home, and had no vessels disposable to hurt Egypt."
Meanwhile the time allowed for satisfaction expired before any had been offered, and, at the appointed hour, I
hauled down our flag.
I am well aware that these tidings will be unwelcome to
the Department; but my duty to my-country and my regard
for its dignity required, I opine, that I should adopt this and
no other course'.  The sanctity of a domicil was scrupulously respected even in the remotest and most barbarous
periods:of Turkish history; and if its violation be once permitted, our citizens in Egypt will daily be exposed to
searches and plunder, and our missionaries, in particular,
will be the first to suffer.
Not long ago a French subject was beaten by the military. The French consul demanded the degradation of the
offending officer and the punishment of the soldiers concerned. The Viceroy hesitated, and the consul then threatened to haul down his flag if satisfaction'were not instantly
given. This' demand was granted at once. The presence
of two French men-of-war in the harbor had a magical effect
on this occasion. The arrival of ours, or the slightest show
of determination on our part, undoubtedly will bring about
the same result.
I enclose copy of my despatch on the subject addressed
to our naval officers, and hope that it will receive the approval of the Department.
I am, sir, respectfully, your obedient servant,
(Signed)                        F. DAINESE,
Acting U. S. Consul General.
To Honorable W  I H. SEWARD,
Secretary of State.




-50                     APPENDIX.
No. 42.
Mr. Dainese to Mlr. Seward.
[No. 55.]          U. S. CONSULATE GENERAL,
ALEXANDRIA, 4th August, 1864.
SIR: On the 21st ultimo, by despatch No. 54, 1 had the
honor to inform the Department of the hauling down of the
United States flag, in consequence of the refusal of the
Egyptian Government to give satisfaction for the violation
of an American domicil, and for the insult offered to this
consulate.
On the 2d instant, His Highness the Viceroy, after his
return to town, despatched to me, Mr. Tastu, agent and Consul General of France, to make overtures of arrangement.
I manifested my readiness to accept any proposal consistent
with the honor of the United States, and proceeded then,
with Mr. Tastu, to review the matter.
Mr. Tastu, in the Viceroy's name, proposed that we should
rehoist our flag, under a salute of 21 guns, and that after
this he should investigate the case, and give the satisfaction
required. I, however, was under the necessity of declining
to accede to this offer, because the violation of an American
domicil, and insult to our flag, were so flagrant'and obvious
that, in my humble opinion, satisfaction should be rendered
before the flag could again be raised.
His Highness, according to Mr. Tastu's report, found fault
with my not having awaited his return, previous to hauling
down the flag, or informing him of my intention of doing
so, "as he would have done me justice."  I exhibited the
receipt from the telegraph office, showing, beyond doubt,
that His Highness received my despatch to that effect, three
days before the hauling down of the flag; said that he made
neither reply to it, nor asked me to wait, and requested Mr.
Tastu to remind him that a demand in writing, for explanation with reference to the want of respect shown the TUnited
States, by his ministers, in not paying Mr. Thayer due honors last April, still remained unnoticed. I added that the




APPENDIX.                       51
last event,* although in itself sufficient to justify the course
I had pursued, was simply the drop which caused the overflowing of the cup of injustices inflicted on American interests, and of the disregard of our consular rights, exhibited
by His Highness's ministers during the last past ten nmonths;
and I observed that in the course of last February, we had
been compelled to protest most formally against the Egyptian
government for all these short comings. I also gave Mr.
Tastu a memorandum of our grievances, which he undertookl
to present to His Highness.
Yesterday Mr. Tastu came again with a promise from IHis
Highness to settle, immediately, all pending claims, in consideration of my yielding the point of satisfaction, previous
to the rehoisting of our flag, and assurances'were given and
guarantees through Mr. Tastu that full satisfactfion would
ensue.  I insist upon having it beforehand, and am sanguine
of obtaining it, as most of the ministers of this government
evince considerable uneasiness at thle existence of any difficulty with America.
I am, sir, very respectfully, your obedient servant,
(Signed)                   F. DAINESE,
Acting Consul General.
HIon. W. H. SEWARD,
Secretary of Slate.
No. 13.
MrI. Dainese to NMt. Sewarcd.
[No. 56.]              U. S. CONSULATE GENERAL,
ALEXANDRIA,.JadlStlSt 12t h, 1864.
SIR  In continuation of my dispatch of tlle 4th inst., No. 55,
I have to inform the Department tlhat Mr. Tastu, the agent and
Consul General of France, chosen by His Highness the Viceroy
to arrange our difficulty with the Egyptian government, reports
to me that, after deciding on a plan of accommodation in accord* The violation of domicil.




52                       APPENDIX.
ance with my memorandum, which appeared to be satisfactory
and to the honor of both parties, when he applied for the Viceroy's order for its fulfillment, he was told that a letter had just
been received fronom the Turkish Minister for Foreign Affairs,
inviting the Viceroy, at the request of Mr. John P. Brown,
acting U. S. " Charge d'Affairs," at Constantinople, not to
settle the -dispute with me, because (Dainese) was not recognized by an "exequatur " friom  the "Porte," obtained
through our " Constantinople Legation," and bidding him to
have no uneasiness on the subject, inasmuch as he (Mr. Brown,)
"would write to Washington and settle it."  This caused a
cessation of all further negotiations, and Mr. Tastu indignant
*at the pursual of such a course on the part of the person acting
as our " Charge d'Affairs," observed to the Viceroy that it was
now too late to refuse to recognize me in the settlement of this
affair, when lie had already recognized and corresponded with
ne up to the day of its occurrence; nevertheless, His Highness
decided to act on Mr. Brown's suggestions.
Leaving to the Department the appreciation of such conduct
on the part of our acting " Charge d'Affairs," I respectfully request that he be called to account therefor; I claim to have
acted in strict accordance with the exigencies of circumstances,
and as the honor of the American nation required, and to have
brought the Egyptian government to the verge of affording us
full satisfaction, and of settling all claims clue to Americans,
and I accuse Mr. J. P. Brown of having, by his uncalled for
and unnecessary interference, and insinuations, prevented my
success at the very moment it was on the point of attainment,
and to this the French Consul General will bear witness.
Herewithl, I enclose copies of correspondence concerning this
and previous difficulties with this Government, and a memorandumn of the arrangement proposed, and have the honor to be,
sir, respectfully,
Your obedient servant,
(Signed)                 F. DAINESE,
Acting Consut General.
HON. W. H. SEWARD,
Secretary of State.




APPENDIX.                      53
No. 44.
Police Department to iir. Dainese.
[Translated Copy.]
[No. 11, 123.]     ALEXANDRIA, 8 Sap2er, 1281, Hegira,
13 July, 1864.
To THE ACT. CONSUL-GENERAL OF THE U. S. OF AMERICA:
In consequence of a letter received from the muhaven of the
5th and 6th district, informing me of the placing by Mr. Thomas
Kindineco of iron machines and of a mill at the mouth of a
cistern belonging to the government, I wrote to the " ornato" *
on the subject, who sent to verify the fact.
I now am in receipt of this answer, No. 24, to the effect that
the engineers of the ornato and of the " intendance " of the fortifications have stated that the placing of steam engines has
caused the rupture of the mouth of a cistern, and that the placing of machines on the said cistern is prohibited by superior authority, and that it is urgent that they should be removed, and
that the cistern should be closed as it had been previously.
Consequently, as the placing of such machines is prohibited,
unless by permission of the civil authorities, I address you the
present letter, of which the bearers are Mr. B. Prosper and the
above-mentioned muhaven, in the hope that some one may be
named and sent on the part of the consulate to stop the works
conducted by Mr. Kindineco, and to enjoin him to do nothing
further until he has obtained the necessary permission from the
local authorities, according to custom.
(Signed)      THE ADJUTANT OF POLICE,
[Seal of the Police.]                  Qf Alexandria.
No. 45.
JMr. Dainese to. Khourshoud- Pacha.
[Translated Copy.]
U. S. CONSULATE GENERAL IN EGYPT,
ALEXANDRIA, July 14, 1864.
EXCELLENCY: In consequence of a report from the engineers of the local government, sent to me through your muha* The ornato is the corps of engineers.




54                      APPENDIX.
ven (deputy), and according to which, Mr. Kindineco had placed
a steam engine on his grounds without having previously obtained the permission of the local authorities, I have, in conformity with your request, caused the works undertaken by the
said Mr. Kindineco, to be suspended since yesterday.
Now, hlowever, that I have examined the affair in question,
I find that Mr. Kindineco has set up no sort of steam engine,
but simply a pump with horse-power for trial; consequently
the report of the Government engineers, on the strength of
which, I, at your request, caused the works to be suspended, is
inexact. I have, therefore, just permitted Mr. Kindineco to
resume his work, and I trust that the government engineers
who have sought to obstruct it will be reprimanded, so as to
prevent any repetition of similar acts on their part in future.
Receive the assurance, &c., &c.,
(Signed)                       F. DAINESE,
Acting Consul- General.
His Excellency KnOURSHOUD PACHA,
linister of Police, Alexandria.
No. 46.
Khourshoud Pctcha to Mr. Dainese.
[Translated Copy.]
[No. 72, 162.1]     POLICE DEPARTMENT, ALEXANDRIA,
9 Safer, 12 1, Hieyira, (14th July, 1864.)
I have made myself acquainted with the letter from  your
consulate, in which it is said that the works of Mr. Kindineco have not been suspended because the engineers were in
error in asserting that he had a steam engine there.
Even were it to be admitted that the iron machines which
are down there were the instruments, (sii,) belonging to a
steam engine, to a pump, or no matter what else, I reply to
you that all works of this description are forbidden, unless
authorized, particularly when wells and cisterns, the property
of the government, and where mouths have been opened,
are concerned.




APPENDIX.                     55
In consequence, I write you this present letter, and hope
that you will invite the above-mentioned Mr. Kindineco to
suspend works which he is not authorized to carry on by
the local government. I have also written to the proper
parties to see to the execution of my orders.
(Signed)         MAHMOUD KIHOURSHOUD,
Prefect of Police.
Mr. DAINESE,
U. S. sActing Consul General, Alexandria.
No. 47..Mr. Dainese to Cherif Pacha.
[Translated Copy.]
CONSULATE GENERAL OF THE U. S. OF AMERICA,
ALEXANDRIA, July 15, 1864.
EXCELLENCY: The American  domicil of Mr. Thomas
Kindineco has been violated this morning by men of the local police, with the muhaven at their head. His people,
engaged on a certain work, were dragged to prison, and
himself arrested, beaten, and maltreated, as you will see by
the document hereunto annexed.
These acts of brutality inaugurated by the police being
revolting and in flagrant violation of treaties, I demand, as
the representative of the American Government, the immediate arrest of the muhaven and of the other perpetrators
thereof, and their punishment, together with that of those
by whose orders they have acted; and, in the meanwhile, I
protest against the Egyptian government, with all the usual
reserves and formalities in like cases. I renew to your Excellency the assurance of my high consideration.
(Signed)                  F. DAINESE,
Acting Consul General.
To His Excellency CHERIF PACHA, Ministe for Foreign A  airs
to HEis _Highness the Viceroy, Alexandria.




56                        APPENDIX.
No. 48.
Cherif Pacha to Mr. Dainese.
[No. 569.1]           MINISTRY OF FOREIGN AFFAIRS,
ALEXANDRIA, JUry 16, 1864.
SIR: I have received the despatch you did me the honor
of addressing me on the 15th instant, with Mr. Kindineco's
complaint against the police of Alexandria, and an exposition of the reasons on which it is based.
I immediately wrote to the police of Alexandria to send,
without delay, to me precise explanations on this subject;
and, as soon as I shall have received them, I will lose no
time in making such reparation to the above-mentioned as
he may be entitled to.
Pray accept, sir, the assurance of my high consideration.
CHERIF PACHA,
The VMinisterfor Foreign Affairs.
Mr. DAINESE,
Acting Consul General of the U. S. of America.
The above, though dated the 16th, was left at the consulate general by a
government messenger on the 18th July, after ample time for consultation with
the minister of police had elapsed, and fully shows a disposition to ignore the
wrong, and quibble; wherefore the following notices were sent to both His
Highness the Viceroy and his minister for foreign affairs:
No. 49.
Mr. Dainese to Cherif Pacha.
[Translated Copy.]
U. S. CONSULATE GENERAL IN EGYPT,
ALEXANDRIA, July 18, 1864.
EXCELLENCY: I have just received your despatch, No.
569, dated the 16th instant, which in no wise answers my
demand for immediate reparation in consequence of the violation, by order of the local authorities, of an American
domicil, and the insults and bad treatment -inflicted on
the person of its proprietor, Mr. Thomas Kindineco.
I find myself, therefore, under the painful necessity of




APPENDIX.                     57
declaring to you, that if, on Wednesday, the 20th instant,
at noon, full reparation be not granted me, the national fag
will be struck, and the diplomatic relations of this Agency
with the Egyptian Government suspended.
I have the honor to renew to your Excellency the assurance of my high consideration.
(Signed)                     F. DAINESE,
Acting Consul General.
To His Excellency CHERIF PACHA,
Ministerfor Foreign.fairs.
iNo. 50.
Mr. Dainese to His Highness the Viceroy.
[By Telegraph.-Translated Copy.]
AGENCY AND CONSULATE GENERAL OF THE
UNITED STATES OF AMERICA,
ALEXANDRIA, July 18, 1864.
To His HIGHNESS THE VICEROY OF EGYPT, Mansurah:
An American domicil having been brutally violated on
Friday morning by order of the local authorities, and its
owner insulted, beaten, and dragged, out of his place, I have
demanded immediate reparation; but CherifPacha has as
yet done nothing. My duty to America forces me to strike
the national flag and to suspend my diplomatic relations
with your Government, unless, between this and next
Wednesday, at noon, full reparation be granted me.
(Signed)                       F. DAINESE,
Acting Consul General.
No. 51.
Cherif Pachal to Mr. Dainese.
[Translated Copy.]
[No. 590.]          MINISTRY OF FOREIGN AFFAIRS,
ALEXANDRIA, JUly 19, 1864.
SIR: I have received the despatch you didn me the: honor




58                     APPENDIX.
of writing me, the 18th instant, to inform me that if the immediate reparation demanded in your preceding letter of the
16th of this month, for Mr. Kindineco, were not granted
fiom this to the 20th instant, the American flag would be
struck, and the diplomatic relations of the Agency with the
Egyptian Government suspended.
The Government of His Highness, the Viceroy, has nothing so much at heart as to preserve the best relations with
that which you represent, and it therefore feels much regret
for the determination expressed by you.
Always ready to do justice to everybody, it would have
made it its duty to satisfy your demands had circumstances
permitted it to do so.
But I must be permitted to remark, that in no country
whatever can a man be judged and condemned without being heard, and that reparation can only be demanded when,
after a regular verification of facts, it is ascertained to be
really and legitimately due.
Either at law or equity it was impossible for me to act on
the unsupported assertions of Mr. Kindineco.
To judge from the very limited information which I have,
on my part, been able to gather in the short space of time
which has elapsed since your first communication, the acts
complained of would seem to have occurred, not at Mr. Kindineco's domicil, in so far as that denomination would
imply the idea of a residence, but on an uninclosed piece of
land; and the police appears to have interfered, because
your protege had allowed himself, in order to set his machine at work, to demolish an aqueduct intended for the
use, of the public, and had, moreover, answered the observations addressed to him by personal acts of violence.
The agents of the authority would not, then, be altogether
in the wrong, as Mr. Kindineco asserts.
But in order to define the situation clearly and arrive at a
regular solution, I am ready to take measures for an inquiry
into all the points under discussion immediately.
The civil tribunal of Alexandria will be directed to institute this inquiry in the presence of the consular delegate




APPENDIX.                       59
you may designate, and will give its sentence with reference
to the penalties, as laid down by the local laws, incurred by
those agents of the authority who may be found guilty.
Such is, in my eyes, the only practicable mode conformable with justice.
Accept, sir, the assurance of my high consideration.
CHERTIF PACHA,
Minister for Foreign Affairs.
F. DAINESE, Esq., U. S. Acting Consul General, at Alexandria.
No. 52.
JlIr. Dainese to CheriT Pacha.
[Translated Copy.]
U. S. CONSULATE GENERAL IN EGYPT,
ALEXANDRIA, July 19th, 1864.
EXCELLENCY: I hasten to reply to your dispatclh of to-day,
which I have just received.
It appears from its contents that your Ministry has not been
well informed with reference to the facts which led mle to demand from you immediate reparation for tlihe violation of an
American domicil. The facts are these: under date of the 7th
of" Safer," the prefect of police addressed me a note informing
me trhat Mr Thomas Kindineco was taking the liberty of erecting a steam-engine on his ground, without having previously
obtained the permission of the local authorities.
Being aware of the Government regulations in this respect,
and believing in the correctness of what had been said to me,
I immediately caused the suspension of the works undertaken
by Mr. Kindineco; but on the following day, having verified
that it was not a steam-engine, but merely a small horse-power
pump whichl he was erecting on trial, I replied on the same
day, the 15t]9, to the prefect of police, informing him that
the report received by him from these engineers was incorrect,
and that I had permitted Mr. Kindineco to continue his works,
It is after a declaration of this kind from this Agency, that
the local police assumed the right of taking the violent mneas



A PPtENDIX,
ures complained of, although in the two notes addressed to inc
by thlem, and copies of which I enclose, they had acknowledged
that the place in question was an American dornicil, and that
my intervention was necessary for the suspension of the works
therein.
Therefore, there is in this act of the police, not only the violation of a domicil, but also the want of respect due to this
Agency; and I, on this account, adhere firmly to the terms of
my note of the 18th inst., although always prepared, so soon as
satisfaction shall have been renldered, to proceed to any inquiry
which may be judged proper concerning the matters in dispute
between the Government and Mr. Kindineco.
I seize this opportunity to renew to your Excellency the assurance of my high consideration.
(Signed)                   F. DAINESE,./cting Consul General.
To His Excellency CHERIF PACHA.
M11inister fobr Foreign 1tjairs to H. H. the Viceroy,
Alexandria.
No. 53.
Cherif Pacha to Mr. _Dainese.
[Translated Copy.]
[NO. 598.]           MINISTRY OF FOREIGN AFFAIRS,
ALEXANDRIA, July 20th, 1864.
SIR: I hasten to reply to the despatch of yesterday's date,
which you did me the honor of addressing me.
It is possible that the department of police should have mistaken the nature of the machine employed by Mr. Kindineco,
but it was not on this point that the question depended.
Mr. Kindineco's ground is legally bound for the passage of
an aqueduct, which contributes to the supply of water in the
city, and he has taken the liberty to damage it, and to turn
aside its water for his own benefit-that is to say, for the
machine he was erecting. It is only then with the view of
hindering the continuance of this abuse that, in the interest




APPENDIX,                        61
of the public, the local police has believed it to be its duty
urgently to intervene in the matter.
As to the violation of anl American domicil, which has
been, say you, the consequence of this intervention, permit
me to observe to you, that by the word domicil is generally
understood the place of residence or habitation of a citizen,
and that a simple piece of ground cannot possibly be looked
upon in that light.
In what concerns the inquiry of which you accept the principle, whilst, at the same time you wish it to be preceded by
reparation, allow me again to remark here that, the signification of these two words, "inquiry" and " reparation," of
itself, shows clearly that the first should precede the second,
according to every rule ofjustice.
Might it not, in. fact, happen that the inquiry would establish that the person who had already received reparation,
was the real culprit, or, at least, the party who had given
provocation; in such a case, what would have to be done?
I agaiu appeal to your impartiality, and I trust that, on
reflection, you will consent to adopt the course I had the
honor of proposing to you, by withdrawing the expressions
of an ultimatum  not sufficiently justified by facts, and which
would cause in so regretable a manner the interruption
of the satisfactory relations which have hitherto never
ceased to exist between the Egyptian government and the
Republic of the United States of America.
Pray accept, sir, the renewed assurance of my sentiments
of high consideration.
(Signed)                   CHERIF PACtIA,
Ministerfor for Foreign Affairs.
F. DAINESE, Esq., Acting Consul General
of the U. S. of America, at Alexandria.
N. B.-This letter was delivered at 121 P. M., namely, half an hour after the
flag was hauled down; Mr. Schwab, one of Cherif Pacha's secretaries, delivered
it in the presence of Messrs. Barthow and Tawill, and took memorandum that
it was 121 P. Pr., and after the flag was down,




APPENDIX.
No. 54.
Renmarks on the foregoing letters of the Alexandria police, dated 8 aCd 9 Safe r,
H. (13th and 14th July, 1864,) and of the Egyptian Ministry for Foreign
Affairs, of the 19th and 20th same month, (Nos. 590 and 598.)
The allegation that Mr. Kindineco had caused the rupture of a cistern belonging to Government, by opening it, in order to establish a steam-engine and
a mill over it, is incorrect.
The ground on which the present city of Alexandria stands is intersected by
underground canals, built in the remotest times, some say as far back as tile
foundation by Alexander, at all events, in the time of the Romans; for, although,
as everybody knows, the Turks have systematically damaged all monuments of
antiquity, they have done little to repair or keep them in order. These channels receive their water from the Nile, and empty themselves into the sea.
They have openings or vents in almost every house or garden, the owners of
which have full right to use the water they supply.  One of these canals commences beneath Nubar Pacha's property, passing under some two hundred other
houses and gardens, and ending uender that belonging to Kindineco, whence it
runs into the sea. At one of its openings, Nubar Pacha has a six-horse-power
steam pumnp for irrigation. The two hundred houses and gardens above alluded
to, obtain their supply from similar openings on thte grounds appertaining to
them, and one of these is on Mr. Kindineco's land; it is on this spot that that
gentleman placed a small Perry pump, moved by a Sandford horse-power, for
for the sake of experiment.  Neither steam-engine nor mill were employed.
The deeds for the land on which the opening exists, convey the land with all
its appulitenances, to Mr. Kindineco, and do not render it liable to any " servitude," or, as is gratuitously asserted in Cherif Pacha's note of July 20, to the
passage of an aqueduct; the portion of the canal or aqueduct which is beneath
it is part and parcel of it, and the above-mentioned deeds contain no restrictions
or clauses whatever with regard to the use either of the mouth or of the water.
Mr. Kindineco has full right to use them, and has hitherto used them after the
same fashion as his neighbors Nubar Pacha and the other proprietors have done,
with the openings for water on their grounds.
It is, likewise, incorrect that the said land was unenclosed; one hundred and
seventy shops were built on its outer front by Mr. Kindineco, who, he informs
me, receives from them  the annual rent of 180,000 Egyptian piasters; and a
gate affords ingress to the centre of these buildings at the spot where Mr. Kindineco was trying his pump; this gate has also been demolished by the Egyptian
government, to give passage for a railway.
It is equally contrary to fact that any regulation existed forbidding the
erection of a pump by a resident on his own ground; the only ordinance existing at the time of the occurrence, which had been officially communicated and
made public, was to the effect that, whenever any proprietor should erect a
steam-engine on his own land, he should, before erecting it, notify the government, and obtain permission for so doing.
It is incorrect that Mr Kindineco monopolized the water, and that the police
were, on that account, obliged to stop him; it is equally incorrect that he had
recourse to violence ("voies de fait";) but even supposing he had done so, he
had, when assailed in his own domicil, full right to defend himself on the principle that "every man's house is his castle."  In fact, all Cherif Pacha's allegations and reasonings as to the necessity of investigating the matter before a
Mohammedasn court previous to reparation being granted, fall to the ground in
the presence of the main question, namely: the fact that Kindineco was erecting something on his own ground or premises, and that both he and those premises were acknowledged by the Egyptian police to be uender American jurisdiction: and its full knowledge of it is moreover proved by the application in
writing of the chief of police to the American consulate for the suspension of
the works.




APPENDIX.                               63
The consulate intervened, stopped the work, examined the matter in dispute,
and finding no good reason for complaint, removed its injunction.
The police then, instead of reiterating its recourse through the American
consulate, or applying for superior orders from the Viceroy's Government, and
make it a case for diplomatic consideration, took the law into its own hands,
and in defiance of consular authority broke into the place previously recognized as protected by the American flag, and destroyed the property thereon!
Thus, in addition to the wrong inflicted on an American proteg6, a direct insult
was offered to our consulate and flag; reparation was demanded and Cherif
Pacha, evading the main point, i. e., the insult to the consular authority and
its flag, endeavored to make reparation dependant on a trial' before Egyptian
courts, of a matter secondary to the main question.
Now, I maintain that even if, upon examination, Mr. Kindineco had been
found to be in the wrong, which is but a supposition, the police were not the less
culpable for acting on their own authority on American ground and insulting
the consulate, and were not the less deserving of punishment beforehand as
demanded by me, more especially as, in my note of July 19th, I left the question of damages claimed by Mr. Kindineco a secondary matter, to be settled subsequently to the inquiry proposed by Cherif Pacha.
As regards Cherif tacha's quibble that "domicil" means the house where one
lodges, and that a man's land, shop, or other property can bear no such name,
I consider it merely one of his many subterfuges to get out of the scrape.
In Mohammedan countries, where all living under a foreign flag enjoy exterritoriality, any place belonging to or occupied by them is their domnicil, and any
trespass thereon constitutes, what is there termed, a violation of domnicil.
(Signed)                                     F, DAINESE.
No. 55.
Memorandum of arrangement about to be concluded betwveen Mr. Dainese and
the Eg~yptian Government, and which was first arrested by John P. Brown's
interference, and finally defeated by Charles Hcale's tsreachery.
1st. The Minister of Police or the French Consul General to call upon the
American Consular representative for the purpose of explaining that the police
deputy who had violated an American domicil had acted entirely on his own
responsibility, and would, therefore, meet with condign punishment.
2d. Simultaneously with this visit, the Minister for Foreign Affairs to address
to the American Acting Consul General, a letter expressive of regret for what
had passed, and requesting that the United States flag might be re-hoisted under
a salute of twenty-one guns, and assuring Mr. Dainese that as an equivalent for
the satisfaction demanded, His Highness the Viceroy's Government would settle
all pending American claims as detailed hereafter, viz:
Messrs. Soleiman Rahmi, Habib Arcache and Misrale Luka, to be immediately recognized at their respective posts, and that Janni Nicolu likewise receive
the sum of one thousand pounds sterling which the late Viceroy, Said Pacha,
had promised Mr. Thayer to pay to said Janni for cost and damages of a piece
of land forcibly taken from him by the Government agents at Yhizeh; in addition to which Mr. Abellana would receive five hundred and forty piastres unjustly taken from him by the Egyptian railroad agents, and Messrs. Jean
Cumins and George Plant would be paid the value of their merchandise lost by
the same railroad agents.
In one month to settle the claims of Hanna Hanhuri, against Enani Bey,
together with other small matters, enumerated in the official correspondence
with the foreign office, and the governors of Alexandria and Cairo, and, to




64                         APPENDIX.
settle also within three months, the claims of Messrs. George and Thomas Kindineco, by submitting the same to a tribunal which will decide according to the
principles of equity, justice, and common right, and will be composed of two
judges nominated by the Egyptian Government; of two others designated by
the United States Consulate General; and of one president selected from among
the consular body; no appeal to be allowed from their decision, and the tribunal to be appointed within one week from this date-the three months to be
reckoned from the day of its appointment,
ALEXANDRIA, August 8th, 1864.
No. 56.
Mfr. Dainese to Mfr. Sewardo
[No. 57.]                   ALEXANDRIA, 27th Jqugust, 1864.
SIR: By my despatch of the 12th instant, No. 56, I apprized
the Department of the interference which prevented the conclusion of the favorable arrangement proposed by the Egyptian
government through Mr. Tastu, agent and consul general of
France.
I have since been informed by Mr. Cumins that His Highness the Viceroy's railroad director sent for, settled, and paid
him on the 31st ult. his claim-one in the list presented against
the Egyptian government.
This, whilst of itself an acknowledgment of the wrong done
Mr. Cumins, is also a proof that my demonstration had the good
effect of prompting a beginning of redress. The other claims
in that list would likewise have been settled had not said interference and the subsequent events hereinafter stated ruined my
plans.
Mr. Hale arrived here the night of 17th to 18th instant. He
handed me no instructions from the department, but only showed
his commission.  I ycave him hospitality, made him  acquainted
with the particulars of the difficulty, and showed him that the
only thing now required for securing the advantageous conditions I had been offered through Mr. Tastu, was for him to continue, through that gentleman, the negotiations commenced with
me.  He expressed his doubts as to whether a consul could
haul down his flag; to which I observed that rule seven forbade
it not to diplomatic agents, which was the official character of
the incumbent of his office, and that as I did it to sustain the




APPENDIX.                         65
national honor upon a refusal of reparation for violation of
domicil and insult to the Consulate, I did not suppose government would disapprove of it, especicdly as a like course is purasued  in Egypt in simiRar cases by all foreignz agenis, and was
canctio!e-d by JTi.'Vebster, while Secretary of State, in 1852,
when 1Mr. -M cCauley hauled down his flag' for a similar case.
I called his attention to last winter's correspondence between
this agency arnd the foreign office; to the protest of 9th February
against the Eg'yptian government, illustrative of Mr. Thayer's
quasi rupture with it for its repeated injustice to American interests, and added that at any rate no 1)lame could attachl to
him in case of disapproval of said act, it beinog the work of
others; and as it had already produced the good moral effect
desired for our standing in Egypt, and induced advantageous
offers for the immediate settlement of all pending claims, there
was no good public reason for him  to destroy, by changlingg his
proygrazme at this time, the prestige already produced, and
thereby  abandon thlese advantages.  Our missionaries and protdges spoke in the same sense, insisting upon hlis sustaining my
course. and he promised to do so.
On the following day, the 19th, Mr. Hale asked me to notify
his appointment to the consular body, and inform  them that he
would on that cday assume the duties of the consulate. I reminded
him of rule 316, advising this only after the recognition by the
local govermnent of the new incumbent; and observed that if
done beforehland it minglht offend the Viceroy and embarrass his
colleagues; but lie insisted, and I had to sign the usual circulars
whic, he dictated, pulttiny the title' honorable " beJfore his namie.
He then took charge of and sent them round.
On the same day, upon producing authority therefor, Mr.
Hale received from  me, according to inventory transmitted to
Mr. Thayer, and by hlim to the department in despatch No. 49,
the cash balance, less expenses and fees, and the chattels of Mr.
March's estate, taken care of and settled by me as acting vice
consul for Cairo, under Mar. Thayer's instructions.
On the next and subsequent days, Mr. Hale had eigoht or tea
secret interviews in my parlor with a Jew banker, named Lain
deau, iNhich, it would seem, influenced and brought about the
5




66                       APPENDIX.
adoption of a course different fiom  that agreed on, as instead
of seeing Mr. Tastu and continuing the negotiations through
hin, he entered in communication, tlhrougll Landeau, with Cherif
Paclia, called on, and received the latter in my parlor on the
22d instant, and on the 23d ditto raised the U. S. flag, without epacl'cttion or0 the settlem,,ent of pendinzg claims. It is alleged
that he even promised not to sustain any, or at least, the most
important ones amongst these.
Mr. Hale's course, as above, is looked upon and publicly
denounced as having been dictated by motives of' private
interest, for the very comprehensive reason that it involves
the unnecessary sacrifice of national honor and the ruin of
the interests of our protg6es, who, for their attachment to
the Union, quite recently exhibited by their liberal donation
through me to its defenders, deserve better treatment.  It
has even revived the old clamnor against him for an intrigue
attributed to him in former times, while he acted as a clerk
or assistant to Mr. Thayer, in 1862, and Mr. Vice Consul
Wilkinson, whereby it is affirmed that they obtained from
the late Viceroy, Said Pacta, a present of fifty thous and dollars, or ten thousand pounds sterling, on a promise not to
prosecute Sorian's anld Kindineco's claims.
As a citizen and a christian, I deem  it a duty to bring
these facts to the knowledge of the Government, arnd -to submit that public opinion, manifested both verbally and by
means of prints and caricatures, may be respected, Mi/r. ItIle's
conduct investigated, and  the wrongs arising therefrom
remredied.
To make you to ji.udge of the feeling here, I enciose onle
of these caricatures; it represents the United States flag as
being'pulled up by the cei/th of gol/C!!!
I mlust also apprise the Department  that Mr. Hale, thoulgh
my guest, regardless of my- ill health, and in defiance of
honor, right, or law, took possession of everything in my
private house, both official and private, including  ITr.' Thayer's chattels, leaving untouched only n3,/ two pricnate rcitriny
room.s, which, being locked, he could not enter.
In extendil)g hospitality to himn, I assigned one bed-room




APPENDIX.                      67
for his exclusive use, and permitted him to receive his guests
in rmly parlor.  I did not suppose a United States Consul
could thus play the part of an " usurper " officially.
I am, sir, respectfully, your obedient servant,
(Signed)                       F. DAINESE.
IIon. W. H. SEWARD,
Secretary of State.
No. 57.
JMr. _Dainese to:1ft Seward.
[No. 58.]                ALEXANDRIA, September 17, 1864.
SIR: In my despatch of the 27th ult., No. 57, I informed
the Department of such matters of a public nature as I
deemed it my duty to present for its consideration, and of
Mr. Hale's encroachments in my own private house, where
he had been hospitably entertained as a guest.  Following
these encroachments, he, on the 13th instant, broke into my
private apartments and plundered their contents.  In themr
were furniture, money, and  important papers, of all of
wbhich he robbed me.  Had there been a court of justice here,
I should have arraigned him before it; but as, on the strength
of his Consular commission, he plays the despot in Egypt,
I can neither hinder his depredations nor obtain redress for
themn; and I am, therefore, compelled to appeal, as I now do,
to my Government.  I possess, in support of the charge I
have brouglht against Mr. Hale, the affidavit of an eye witness,
which I will produce in due time, and at the proper moment.
I also hold a second affidavit, with reference to the promise
of another eye witness, "to testify to the perpetration of this
unwarrantab)le violence, if called upon to do so before a court,"
but who hesitates, while in Egypt, to sign any paper likely to
be seen by MiAr. Hale, for fear it might inijure his interests.  I
could, with ease, obtain proofs against Mr. IHale from many
other quarters concerning this and other delinquencies, were
the Nwitnesses not in fear of persecution, as he boasts of the




68                       APPENDIX.
unlimited powers he possesses, and asserts that all he does is
by order of Governnent.  I-Iis powers are in fact greal here
"for sacrificbiny American interests and ill treating Amnericans,"
as he is readily assisted in doing so by the local government
since he placed himself in its power.
Mr. Hale also took possession, without previous notice, of
the Vice-Consular office at Cairo, hitherto in mny charge, in
consequence of Mr. Taylor's non-arrival, and wrongfully
retains the furniture and other things in it, paid for by nme to
Mr. Wilkinson and others; and he further declines reimbursing the sums paid by me for freight and charges on1 nine
boxes of his private chattels sent to my care and delivered to
him on his arrival, and for the postage on his private letters
and telegrams, on the ridiculous pretext that I must claima
the amount firom Government.'Expecting due redress for all these grievances, I. anm, sir,
respectfully, your obedient servant,
(Signed)                     F. DAINESE.
Hon. W. H. SEWARD,
Secretary of State.
No. 58..Mr. _9ainese to lir. Seward.
[No. 59.]               ALEXANDRIA, September 24At, 1864.
SIR: In confirmation of my dispatch of the 17th inst., No.
58, I beg leave to inform  the Department, that Mr. hI3ale's
clerlk has just handed me a letter from Hon. S. P. Chase, which
Mr. Hale had previously o2enzed, and then placed in another
envelope addressed to me in his own hand writing.  Another
letter fromr  Mr. Purser H. Pangborn, which states to be enuclosed in one from  Captain Stellwagen, was likewise sent to
me, opened by Mr. Hale, who scrupled not to keep that from
the captain, and assigned no reason for so unheard of a proceeding.  Other letters sent by and to me are astray, and Mr.
Hale's action in the two above-mentioned instances, would seem
to explain their absence.




APPENDIX..                      69
The interception of my correspondence by Mr. Hale, may
have serious consequences and I hereby file my solemn protest
against the official who, by force of his position, has been enabled to commit such an action.
In addition to this, Mr. Hale compels people into his presence, and employs every means to obtain exparte statements to
my detriment. He also endeavors, in every manner possible, to
annoy me and injure my reputation by false statements, and he
accounts for the undisguised malice of his behaviour, by alleging
it to be, falsely as I suppose, in pursuance of instructions from the
Department.
The object of our consular establishment is the protection of
Americans and of their interests abroad, and as Mr. lale is
fast ruining them-as there is sufficient evidence to show-I can
see no reason for burdening the Treasury with the expense of
retaining him *here; any representative of a friendly foreign
power would, as a matter of international courtesy, protect
American interests far better than he does.
The outcry against him is general, and many of our " protegSs " have already abandoned American protection as worthless.
His confidential man and go-between, (a Greek whom MIr.
Thayer would not even admit into his presence,) went round to
collect signatures in his master's favor, but unluckily for the
success of the scheme, not one of the reputable men in Alexandria would allow his name to be used for such a purpose; such
facts are anything but creditable to our great country, and the
Department will have but little difficulty, by the means at its
disposal, in verifying the exactitude of my statement.
I am, sir, respectfully, your obedient servant,
(Signed)                    F. DAINESE.
HION. W. H. SEWARD,
Secretary of State.
No. 59.
l3'r. Dacinese to President Lincoln.
ITo his -Excellency the President of the United States:
Mr. PRESIDENT: In continuation of my memorial of the




70                      APPENDIX.
18th of last December, I have the honor to state that since
my return to this country I have learnt that, subsequently
to my departure from Alexandria, Mr. Hale, although well
aware that I was coming home, and that my domicil is
Washington, with a view  to injure me, took the liberty of
attaching certain machinery, &c., which had been left by me
with a friend in Egypt for sale, his pretext for this step being
that I was indebted to certain parties in the United States,
and was either unwilling or unable to pay just claims.
Now, I deny owing any one a single cent, the payment of
which I would refuse, and challenge any one alleging to
have claims upon me to produce them, either to me or before the courts at Washington; and whilst I most solemnly
protest against Mr. Hale's conduct, I also respectfully request that he be directed to remove instantly any attachments which he may have made arbitrarily on property left
by me in Egypt, and that he abstain hereafter from  meddling in any way with my affairs, or interfering in any way
with me. Proud and glad as I always have been and shall
be of the protection of the American flag, I had rather
not see its influence turned to my detriment under the auspices of such mal-administrators as Mr. Hale.
Nor am I the only sufferer from his misdeeds. In support
of the assertion contained in despatch No. 57 to the State
Department, copy of which I enclosed in my memorial of
the 18th of December, to the effect "that Mr. Ilale had
sacrificed and would continue to sacrifice Amnerican interests," I can now show that he has deliberately done so by
withdrawing protection firom and delivering over to the tender mercies of the Egyptian rulers Messrs. Kindineco and
Santi; the former a respectable merchant, and the latter the
editor of the only American journal in Egypt, who displeased
Mr. Hale by his free expositions of liberal ideas, and by denouncing his conduct with reference to the flag..*
* When Mr. Hale delivered his address to the Viceroy, and withdrew Amercan protection from Kindineco and Santi, his minister for foreign affairs wrote.




APPENDIX.                              71
Tlhis I submit to have been a violation  of law and of the
policy enunciated by our Governmenit in  Mr. Marcy's letter
the following circular to the consuls general of foreign powers, residing in
Egypt, viz:
(Translated Copy.)
"CAIRO, 5th November, 1864.
"M. CONsuL GENERAL: American nationality having, by order of the President of the United States, been withdrawn from Messrs. Kindineco and Joseph
Santi, it is my duty to inform you that the Egyptian Government will not
recognize, in future, as belonging to any other nationality, or as depending, in
a.ny cause, from any other protection, Mr. Kindineco, who was once a local
subject, then an Austrian, and lastly an American, and Mr. Santi, who lately
relinquished his Italian nationality to become an American citizen.
"Without reminding you of occurrences still too recent to be forgotten, I
asm convinced, Mr. Consul General, that you will not hesitate to cooperate in
the moral(ci) measure just taken by the Egyptian Government, which I now
notify to you.
"I will thank you to inform  your government of this, adding such explanations as you may think proper, and which are of public notoriety.' Accept, Mr. Consul General, the assurances of my high consideration.
(" Signed)                        CHERIF PA\CHA,
Thee finister for Foreign Affairs."
a The moral measure above alluded to, was buying off these two men's lives
and property. Mr. KIindineco received a printed copy of the above circular,
and transmitted it to President Lincoln with his following
Petition, which his death left unacted uipon:
" Mr. PRESIDENT: I have received from  Alexandria the enclosed copy of a
circular from the Egyptian Minister for Foreign Affairs to foreign consuls in
Egypt, wherein is stated that, by your order, American nationality is withdrawn from me.
" This was secretly arranged with Mr. Charles Hale, our Consul General, for
a large bribe, and was carried out without previous notice to me.
"I am, at the same time, informed that, simultaneously to the issue of that
circular, the Egyptian Government took possession of my property, demolished
one hundred and seventy shops belonging to me, and it otherwise persecutes
my family and my interests in Egypt.
Youcr high reputation for justice assures me that a similar order did not
emanate from you, as I have given no cause to be thus sold off to my persecutors by the verycountry of my adoption; and I hereby bring the fact to
your knowledge, begging for the adoption of such immediate measures as may
-ave from the vindictiveness and barbarity of the Egyptian rulers the lives of
my family, unconscienciously sold to them by Mr. Hale, and restore my property,and rights.
"I am, Mr. President, withl the highest respect, your most humble servant,
("Signed)                        THOS. N. KINDINECO."
Later Mr. Kindineco filed with President Johnson the following affidavit:
-No. 60.
STATE OF NEW YoRR,   1
City and County of New York, ss.
Thomas N. Kindineco being duly sworn says, that in the year 1864, and for
several years previous, lie had been doing business in Egypt, under the protection of the Amnierican governnment, having in the year 1861 taken steps to become a citizen of the United States, by declaring his intention according to law.e




72                             APPENDIX.
on  the  Costa affakir, published, with  comnments  therleon,  in
Wheaton's 6th Edition, page 128, and sequel.  Its immediAnd this affiant further says, that he had a large claim against the Egyptian
government for moneys formerly due him, and also violation of his domicil,
and the destruction of his property and business, and for personal insults to
himself, all of which w7as in a fair way of adjustment under the administration
of Francis Dainese, Esq., -then acting Consul General of the United States in
Egypt.
This affiant further says, that in the spring of 1862, Charles Hale, at present
Consul General of the United States in Egypt, but who at that timne acted under
Mr. Consul Thayer, for a large bribe, as this affiant verily believes, impeded
and prevented the prosecution of his former claim; and that upon his arrival at
Alexandria, in 1864, as Consul General, without cause and in violation of the
rights of this affiant and of the plainest principles of justice, and as this affiant
believes, in consideration of an additional large bribe paid to him by the Viceroy of Egypt, he, the said Hale, dismissed this affiant's claims, and wrongfully
withdrew the protection of the United States government from  this affiant,
leaving him and his family to the mercy of his enemies and of the hirelings of
the Egyptian government.
That said Hale falsely pretended and gave out that he had done this under
the orders and directions of the President of the United States, and thereby
abandoned this afflant and his family and property to the mercy of the local
rulers, who immediately took possession of his real estate, demolished several of
his buildings, from which he was receiving annual rents of two thousand pounds
sterling, and otherwise perpetrated all kinds of wrongs upon his family, and
ruining him completely in his pecuniary affairs. This affiant further says, that
all this was done and suffered to be done by said Hale, as this affiant believes,
in consideration of bribes received by him from the Viceroy of Egypt+, and that
he is now, in consequence of said acts, a refugee fromn said country, deprived of
his family and his property by reason of the wicked and scandalous conduct of
said Hale.
(Stisned)                       THOEMAS N. KINDINECO.
Sworn and subscribed to, before me, this 12th day of August, S165.
(Signed)                          EDWIN F. CORREY, Jr.,
fNotary Public for the State of NTew 1Yo rk.
[Stamp.]  (Official seal of Edwin F. Correy, Jr.)
DISTRICT OF COLUMarIA_, t    it.
Washington County, l
I do hereby certify, that I have compared the forgoing affidavit and statement with the original, and find it to be a true copy.
Witness my hand and seal, this 16th day of August, A. D. 1865.
JOHN  It. GODDARD, J. P. [Seal.]
Subsequently Mr. Kindineco served upon MAr. Seward and the other parties
the following protest, viz:
No. 61.
UNITED STATES OF AiiEERICA, ]
STATE OF NEW YOREi,        as.
City and CouZnty of New Yorlk, 
Be it remembered that on this 10th day of October, A. D. 1865, before me,
Charles Nettleton, a notary public in and for the State of New York, duly
commissioned and sworn, and dwelling in said city of New York, personally
appeared Thomas Kindineco, now of the said city of New York, who, being by
me duly sworn, doth depose and say as follows:
That he, in the year of our Lora 1865, in due form of law, declared his in



APPENDIX.                              73
ate consequence was the forcible  stoppage by the Egyptian
Governm ent of Santi's paper, his own imprisonment, and
tention of becoming a citizen of the United States and of having his domicil
therein, became entitled to and since then enjoyed the protection of the government of the United States.
The deponent had business engagements as a merchant in Egypt, and has a
large claim against the Egyptian Government for losses sustained by him on
account of the seizure, by the said government of Egypt, of certain property,
the nonfulfilment of a grant for the supply of lumber to the said government
of Egypt for the space of five years, (a large portion of which lumber was cut,
and is now rotting on the Macedonian hills,) for the subsequent violation of
his premises in Egypt, on the 15th day of July, A. D. 1864, and for destruction
of his property, and other acts of injustice against him by said government,
proof whereof is in his possession, and also on file at the office of the United
States Consul General in Egypt, and for the settlement of which said claims an
arrangement had been agreed upon, and was about to be carried out in the early
part of August, 1864, between the Viceroy of Egypt and MIr. Dainese, the
United States acting consul general there;
That before the said arrangement and settlement of deponent's said claims
was consummated, one Charles Hale, appointed by the United States Government to be consul general for Egypt, arrived in Alexandria, in the place and
stead of the acting consul general who arranged the settlement thereof;
That said Charles Hale repudiated the act of his predecessor in office, so far
as deponent was concerned, and not only refused to take action in the matter
on behalf of deponent, but dismissed his deponent's claim, and illegally concocted the taking of and surrendered an additional landed property at Fort
Napoleon to the Viceroy, and illegally, cruelly, and wrongfully withdrew from
deponent the protection of the United States, which he, until then, had enjoyed,
using-and, as the deponent is informed-falsely using the name of the President
of the United States as the authority for such the acts of him said Hale; and
deponent says that he verily believes that said Hale was actuated in doing so
by private considerations and pecuniary personal interest, and that so it will
appear on an investigation being had.
And deponent further says, that by reason of such connivances of the United
States consul (said Charles Hale) with the Viceroy of Egypt, and of the information conveyed to him, that attempts were being made against his life-thus
left exposed to the mercy of the Viceroy-and failing in his efforts to move
Consul Hale to more humane acts, he was compelled to quit Egypt and proceed
to the United States for redress, leaving behind him considerable property, both
real and personal, including a large amount of valuable machinery and agricultural implements of American manufacture, which had been consigned to
him by the manufacturers. And deponent says that after his departure, the
Egyptian Governmnent seized additional property belonging to him, and demolished several tenements from which he-received large rents, and that he has, for
the above reasons, large claims against the Egyptian Government, which are
now outstanding and unliquidated, whereof deponent requires me to protest,
requiring an act thereof from me when and where needful and necessary:
whereupon I, the said notary public, at the request aforesaid, do, by these presents, join with the said deponent, and both of us do hereby solemnly swear,
protest against the cruel oppression and wrong he has suffered at the hands of
the Egyptian Government; and also solemnly protest against the unlawful,
cruel, and malicious abandonment of deponent by the said Charles Hale, as the
United States consul general at Alexandria aforesaid, and claim to hold said
Egyptian Government and said Charles Hale, jointly and severally, liable to
make good to deponent all loss and damage which has already accrued, or which
may hereafter accrue, to him by reason or means of the acts of the Egyptian
Government and the said Charles Hale respectively, as herein appears.




74                            APPENDIX.
the gutting  and destruction of his office, and demolition by
the police of shops and  other buildings belonging  to  Mr.
Kin dineco.
And deponent alleges that while the protection of the United States Government was extended to him he was successfully introducing goods of American
manufacture to the Egyptian markets, and that the consumption of such goods
was steadily increasing; but that when he was compelled, as herein appears, to
leave the said country of Egypt, the development of commercial intercourse
between this country and Egypt was obstructed and impeded to the public loss
and detriment.
And deponent submits that he is entitled to the interference in his behalf of
the Government of the United States, to enable him to enforce the said claims
against the Government of Egypt and whomsoever it may concern, and to
obtain payment thereof, and respectfully entreats that all necessary and proper
steps may be taken by the United States Government, and directions given with
that end and intent, and that reference may be had to the said proofs and evidence in the possession and also on file in the office of the consulate general in
Alexandria aforesaid.
And deponent submits this protest for the consideration of the United States
Government, and hereby requires official copies thereof to be notified to the
Viceroy of Egypt and to Consul General Hale, at Alexandria, in order that they
may severally take notice c;f the same; and deponent hereby declares that he
will at all times and places, whenever and wherever the offenders may be brought
to account for the wrongful acts as hereintofore deposed to, use the same against
them and each of them, and all others concerned, and that a like copy be delivered to him, and one communicated to the State Department at Washington,
for the ends of right and justice. And in testimony of the truth of the premises, the said deponent has hereunto set his hand.
THOMAS KINDINECO.
Thus done and protested by me, the said notary public, at the city of New
York, county and State of New York, this 10th day of October, A. D. 1865.
[SEAL.]                                  CHAS. NETT'LETON,
- rTotary Public i n and for the city, county, and State of New  York,
[STABIP.]                                       No. 111 Broadway.
And I certify that in pursuance of the foregoing request, three copies of the,
above protest were made, and that each copy had appended thereto the following certificates, and were dealt with as by the certificate in that behalf appears.
STATE OF NEW YOR,    )S
City and Covunty of lNew York, ss
I, Charles Nettleton, a Notary Public in and for the city, county, and State
of New York, do hereby certify that I have this day examined and compared
the foregoing copy of an instrument of protest, of which it purports to be a
copy, and that the same is a true and correct copy of the said original instrument of protest, and of each and every part thereof. And I further certify
that the said original instrument of protest is duly registered in my office at
No. 111 Broadway, in the city of New York; and this copy is hereby notified
to the foregoing named Viceroy of Egypt, (or Charles Hale, or the Secretary of
State for the United States of America, as the case may be.)
In witness whereof, I have hereunto set my hand and affixed my notarial
seal, this 11th day of October, A. D. 1865.
(Signed)                    CHARLES NETTLETON,
lVotarFy Public, in and for the City, County and State of New York.




APPENDIX.                               75
Sornething, too, might well be  said  of the  rank discourtesy  shown  by Mr.  hale  on  his  arrival to  that erminent
STATE oF NEW  YORI, 
City and Coonety of TNew York,   S:
I hereby certify that a copy of the foregoing protest, duly certified as above,
was served upon the Secretary of the United States of America, the Viceroy of
Egypt, and Charles Hale, the United States Consul General for Egypt at Alexandria, and each of them. As to the service upon the Secretary of State
of the United States, by addressing such copy upon him, to him, on the outside
thereof, and enclosing the same in an envelope, securely sealed, and such envelope having addressed on the outside " To the Honorable William  H. Seward,
Secretary of State, Washington, D. C.," and endorsed "Official Business," and
signed by me on the outside, and depositing such envelope in the post office in
the city of New York, on the 12th day of October, A. D. 1865, postage paid.
As to the service upon the Viceroy of Egypt, by addressing such copy served
upon him, to him, on the outside thereof, and enclosing the same in an envelope securely sealed up, and such envelope being addressed on the outside
thereof "N o the Viceroy of Egypt, at Alexandria, Egypt," and endorsed
" Official Business," and signed by me on the outside thereof, and, on the 12th
day of October, A. D. 1865, depositing such envelope in the post office at the
city of New York, postage paid. And as to the service upon the said Charles
Hale, the United States Consul at Egypt, at Alexandria, by addressing such
copy, so served upon him, to him, on the outside thereof, and enclosing the
same in an envelope securely fastened, and such envelope being addressed on
the outside thereof " To Charles HIale, Esq., United States Consul General for
Egypt, at Alexandria,  Egypt," and endorsed "Official Business," and signed
by me on the outside thereof, and, on the 12th day of October, A. D. 1865, depositing such envelope in the post office, in the city of New York, and, at the
same time, paying the postage thereon. And I further certify that I have this
day handed to the foregoing named Thoinas Kindineco the original of the abovementioned protest.
In testimony whereof, I have hereunto set my hand and affixed my notarial
seal, this 12th day of October, A. D. 1865.
[Five-cent stamp.]           CHARLES NETTLETON, Notary Puzblec,
[SEAL.]                             111 Broadway, 2New Yorkc City.
No. 62.
To the Ilonorables Ira Harris and E. D. llorgyasn, Senators, and to our' Represen:catives frooe the State of Neew York:
GENTLE~TEN: The undersigned Merchants and MIanufacturers, representing
several millions of dollars capital, and controlling a large amount of labor, beg
respectively to call your attention to the petition of Thomas Kindineco, setting
forth certain grievances and impediments to his commerce in Egypt.
Having been in business connection with him, we can testify as to the honorability of his transactions, and assure you that we are all losers in our export
trade of agricultural implements and machinery for Egypt by the acts he complains of.
We, therefore, gentlemen, in the interest of American inventions and coimmerce, and, above all, for the honor, integrity, justice, and fair fame, which we
should uphold before the eyes of the world, and the protection which a great
and powerful Republic owes to its citizens introducing its productions abroad,
pray that you, as our representatives, have the case of Mr. Kindineco so thor



76                            APPENDIX.
French  consular officer, Mr. Tastu, whose friendly and successful efibforts at conciliation I brought to the notice of the
Department, but which were ignored  by  Mr. Hale in  the
most unheard of manner.
oughly investigated that there may be neither delay nor excuse for refusing him
justice and proper protection for the pursuit of American trade in Egypt.
With sentiments of consideration, we have the honor, gentlemen, to be your
constituents and obedient servants.
WM. D. ANDREWS & BRO.,
Pusmp and Engine Mamnvfacturers, 414 Water Street, New York.
BAYLEY & HILL,
Rotary Pump and Fire Engine Hanzuficturers, 58 John /Street, New York.
FRANKLIN H. LUMMITIUS & CO.,
VNew York Cotton Gin Company, 82 John Street, New York.
CHAS. A. BUCKLEY, Treasurer,
Atlas Mlcanufaclturing Company, Cotton Gin, &c., 26 and 28 Barclay St., N. Y.
E. H. REEVES & CO.,
Agricultural Imnplements, 187 Water Street, NFew York.
HORACE L. EMERY & SON,
{     Albany Agricultural Works, Albany. 1new York,
"Sample Room and Depot, 184 Water Street, fNew York, 
l Manufacturers of H. Powers' Cotton Gins, Presses, &c., &c.
WHEELER, MELICK & CO.,
AgricuZtural Implements, Cor..Hamilton aned Liberty Streets, Albany.
No. 63.
This nineteenth day of November, in the year of our Lord eighteen hundred
and sixty-three, in the presence of Messrs. E. A. Diamandidi and T. N. IKindineco, having requested Mr. Robert Wilkinson, heretofore United States Viceconsul for Cairo, to surrender the consular archives removed by him from the
consular office to some unknown place, said Wilkinson refused to do so, alleging,
as his reason, that he had the right to hold the consulate, having paid for it.
Moreover, that, when in the early part of the year eighteen hundred and sixtytwo he received from the late Viceroy, Said Pacha, the present of ten thousand
pounds sterling, and paid two-thirds thereof to Mr. Charles Hale, then acting in
behalf of the Consulate General, it was on the express understanding and
solemn promise " that he, Wilkinson, should hold the office of Vice Consul for
Cairo until the expiration of Mr. Thayer's consular term," that he handed
over the money to said Charles Hale. That if this promise be now violated all
these moneys should be repaid to him, and that he would retain the archives
until this question was settled. He, the said Wilkinson, added further that he
had apprised Mr. Colquhoun, British Consul General, of these facts, and is
ready to bring the matter to a trial before the British court, from which he
depends.
Cairo, this nineteenth day of November, in the year of our Lord one thousand
eight hundred and sixty-three.
(Signed)                     E. A. DIAMANDIDI, Attest.
T. N. KINDINECO,
Attested to before me,
(Signed)                           F. DAINESE,
[L. S.]            Acting U. S. Consul General for Egypt.




APPENDIX.                               77
In confirmation of the assertions alluded  to  in  the  despatch before mentioned, to the effect that as far back as the
No. 64.
Mr. Hale's Letter to Mr. TlAayer.
(I write this in Abbott's room in the Department of State, immediately after
my interview with the Secretary.)
WASHINGTON, D. C., 1st 2\Tovernber, 1862.
DEAR THEAYER: I wrote to you from Boston on the 28th of October. The
same afternoon I started for Washington.  Upon the train at Worcester I was
joined by Theodore C. Ketchen, of Littleton, who for a while, you remember,
belonged to the class of 1850.  He gave me an amusing account of affairs at
Littleton.  Thattuch Hartwell has become very unpopular by his greed for
office, (having successfully sought the office of postmaster, with fifty dollars per
annum;) and ocur Wood, after being acquitted on a trial under the bastardy act,
brought by a young woman who had served in his house, scandalized the community by marrying another Iris]l servant woman of his household.
On the train from New York to Philadelphia and Washington, I found Frank
Fislke, looking pretty well, although evidently not strong.  He was much interested in hearing about you. He was not in uniform, and was not coming to
join his regimnent, but to transact some business at the Department —I believe,
to resign; at least he told me such was his intention.  I advised against it; I
don't lknow whether he carried it out; I called to see him, last night, but found
he had gone home.
I arrived in Washington Wednesday evening (29.) On repairing to the Departnient of State the next day, I found it closed, pursuant to a new rule,
whereby it is always closed on Thursdays to all but foreign ministers and their
secretaries.  I went into the Treasury, however, and called -upon Underwood, the Fifth Auditor.  He remembered me at once, having seen me in the
Speaker's clhlair in Boston. He expressed great interest in you, and said you
were an admnirable consul. After conversation, I said you had requested me to
inquire if there were anything in your accounts requiring explanation, and, if,
so, I could probably clear it up. He said there was nothing to be explained.
I pressed the point, and said perhaps I had best see the clerk having them  in
charge, as possibly there might be something requiring remark. He said, not
at all; he (Underwood) had looked at them himself, and found everything
regular and proper.  " We have allowed everything in the accounts," said he.' Although in one quarter the miscellaneous account was somewhat large, I
consulted the Secretary of State and received directions to allow the whole. It
is all right," he repeated, "ansd Mr. Thayer need give himself no uneasiness
about his accounts."  Underwood desired to be remembered kindly to you
when I should write.
The next day I went to the State Department, and, after seeing Abbott, saw
Chilton, whIo was pleased to hear of you, and repeated his encomium  on the
value of your services. Through him I asked an interview with Mr. Seward.
Mr. Seward had gone to a cabinet meeting, but Fred. Seward said his father
would be happy to see me at any time, either at his house or at the Department.
I called upon MLr. Forrest, the clerk having charge of the passport office, and
could find no record of any passport having been granted to Kindineco, either
at Washington or New York.  I carefully looked through the whole list myself,
(whichl was voluminous,) from July, 1861, to February, 1862, and could not
find the name. By sending the date and number of the passport they can at
once tell here if it is genuine.
In the evening I called at MIr. Seward's house. The servant said that he
was very particularly engaged; that he regretted this, and wished to be excused,
and would be pleased to have me call at the Department the next morning.




78                              APPENDIX.
early part of 1862, he had sacrificed  for hire the interest of
Mr. Kindineco and  other " prote6e s," whilst acting as Mr.
Accordingly, this morning I came again to the Department, and after the
usual waiting time, was admitted to Air. Seward's presence.  This interview,
you understand, is with the Secretary of State himself.  He received me very
cordially, and complimented me on my improved appearance.  He spoke most
kindly of you, and said you made a most excellent Consul General.  I brought
up the subject of proteg6s, which he said he perfectly understood; that he had
already written you what would be entirely satisfactory to you, and that you
might be sure you would receive no instructions that would make you any
trouble in such matters.
That times were changed.  A few years ago, perhaps, we could afford to
listen to requests to take up cases of persons having claims and grievances.
Now, we have first to look at the paramount interests of our own country,
laboring in a crisis; and in our foreign relations, we must study to give the
least possible trouble to friendly powers. That this principle governed his correspondence, not only with you, but with all our representatives abroad.  That
he uniformly wrote that distressed Americans must come home, and not make
trouble abroad.  The present is not a proper time to redress their real or fancied
grievances.
With regard to Kindineco, he said he remembered him  perfectly; that lie
came to him  bearing a letter of introduction from one of our foreign miniisters,
he believed the minister of Turin. I asked himn if he had not confounded
Lattis with Kindineco; he said, no; Kindineco was recommended, as he had
said.  HIe requested K. to make a brief of his case, which he did.  On receiving it, lie (Mr. Seward) found it too vague and general, and told him so..Kindineco said it would be difficult to snake it more specific, and that was the last
he (Mr. S.) had seen or heard of him.
I told Mr S. the character of K., and he said he should of course not recommend his case to you, except on conclusive grounds.
In conformity with your particular request, entered in my note-book, I then
mentioned the subject of the title agent and consul general, telling Mr. Seward
that that title had been assumed by all your 1)redecessors, and was ass-iumed by
the other representatives of the great powers, and asking him if there would be
any objections to your using it.  He asked, " What is the title in the law?"
andl I told him I believed the law only spoke of a Consul General.
He said lie supposed the law regulated the matter; at any rate he could not
confer a title unknown to the law; that if yon found it advisable to assume the
title lie should probably never hear of it, and if he did, probably should make
no objection, but he had no right to authorize you to use it.
On repeating all this conversation immediately afterwards to Chilton, he said
if he wvere in.your place he would not hesitate to use the title.
Mr'. Seward closed the interview by renewing the assurance that the views of
the Depl[artment were such as would save you all trouble and annoyance
in dealing witlh prot6g6s and claimants, and by expressing his pleasure in finding me returned to America in such good health.
When he spoke above of the letter lie had written, I suppose he alluded to
the answer to the big despatch in Lattis's case-of course I did not tell him I
had seen that.
A very large number of documents will be sent into Congress this year relating to foreign affairs.  Among them will be included the Viceroy's letter to the
President.  Chilton had your despatch covering this lying upon the table.
Your despatch concerning the cornmerce, etc., will be included in the volume
of comrmercial regulations, and care will be taken to correct the misprint of
"Vice" for ice among the principal articles received into Egypt from America.
Chilton says that he has already forwarded to you the copies of documents
needed to complete your archives, and that he took great pleasure in doing so.




A PPENDIX.                                 79
Thayer's assistant, I beg to enclose copy of a letter of itis to
Mr. Thayer, from   which  it was evident  that he  was  inI tried to call upon Dainese at the National, but found him  gone out west.
Fiske told me that Dainese's plan in going to EgSpt Twas to get a commission
to come back as representative of the Forte or of the Pacha near ATashington.
Abbott told me that he thought if you had any business with the Department
instead of writing to Dainese you had best wiite direct to him  (A.) or to Chilton, for that D. is not liked at the Department  all of which I tell you in confidence for what it is, worth.
With regard to Salvago's wish to be appointed "Consul" at Syra (instead of
Consular Agent,) I learn at this Department that it is the settled policy to refuse
new appointments as consuls to any persons who are not citizens of the United
States; that the effect of such an application as is proposed would simply be, after
the creation of the office of consul to cause a citizen to be appointed to fill it,
which would turn S. right out.  Accordingly it is best policy to let the matters
rest for the present; after the war, perhaps something can be done.
I learn, accidentally, and in-confidence, that the Consulate at Athlens will be
vacant on the 31st of December next; if the salary were larger (it is only
$1,000) I should be tempted to apply for it myself.,
Don't -fail to send either to me, to Abbott, or to Chilton the number and date
of Kindineco's passport.
Having completed, as far as I was able, the principal. objects of my visit
hither, I return by this afternoon's train.  I shall pauise ien New York.
You must understand that the hibghest regard is fell for you by everybody
here.
Seward, Underwnood,Cbhiltoln, Abbott, they feel sutre that you are emph -atically
the righzt mlan in the right place: whatever you do will be accepted as right
primzsa facie, and they are much more likely to have to make exp)lanations to
you than you to them.
Chilton a.nd Abbott desire to be particularly remembered.  I told C. that I
believed you were getting up a box for him.  Perhaps I will write to you
further about that.
Remember nie to Lansing, WVilkinson and Salvago.
Yours, faithfully,
(Signed,)                                     CHARLES I-HALE.
ReraiorLcs on 11i?.  >I-fae's letter to M1r. ConrsesUl CGceraC.' 2TZcsycr, dcted Taisl/ygton,
1Vovesmber  st, 1,s62.
The foregoing  letter, given at length, is,alparently a very earnest and
friendly one fromc Mr. Hali to his old chief; still there pervades sic the whole composition an under current of selfish  diplolacy, and of 0wshilisness to inj ire
others, which wve trust to be enabled to analyze,  and byr doing so to place
Mr. Hale in "impntis naturalitcs" before the gaze of' those  alose sentiments of true ionor wouldc ause themn to revolt fiom anything bearing the least
resemblance to treachery and time-serving.
After serving up a little local scandal in a pleansant way, lie proceeds to business, and is chliefly occupied by the interests and well-being of his friend Mr.
Thayer; he has interviews twith Messrs, Underwood,  Abbott, and Chilton, and
finally cAith Mr. Sewarcl in person; bcut previously to tilis last visit he calls on
Mr. Forrest, of the passport office, and can diarCOtvel' 110 iceSslcort registered in
Mr. Kindineco's name, (who did then give the passeport,which is " en rsgle "?)
and to do him  justice, he appears thr(oughout to hcave tlaken an extstaordinlary
interest in Mr. 1Kindineco, although   not alwavys rwith a  ienw to his advantage,
We next find him listening to Mr. Seward's expositions of tlse foreign pol(-icy
of America, (of the correctness of th-e statement concerning   whichc  Mr. Ses



80                            APPENDIX,
triguilng  and  misinforming  Mr. Seward with  reference to
K.indineco and others, in order to prevent any active intervention on the part of the Government in their behalf.
When, at a late  date, Mr. Thayer became fully aware of
the extensive injustice which had accrued to our " prot6gs's"
through  the  intrigues of his subordinate, he charged me,
both verbally and in many letters, to prosecute their claims,
and, in consequence of the personally offensive allusion to
me countained in the letter in question, made it over to me to
be used  as I might think fit.   Amongst Mr. Thayer's papers there were very many other letters from  Mr. b          Hale and
others, of a far more compromising character than the above,
and the present production of which would be an unanswerable proof of guilt; but although I am  aware of their contents, seeing that Mr. Thayer showed them  to me in his lifeard is of course the best judge,) and doing Mr. Kindineco the least possible
good in the world by furnishing the Secretary of State with " an accounat of
K's character," which evidently disinclined Mr. Sewarc to assist him.. Now,
the gentleman whose name had escaped Mlr. Seward's memory, and who had in
the first instance recommended Mr. Kindineco to his protection, was Louis Kossuth, from whom Mr. KI., at this moment, holds another letter of the same tenor,
dated via Accademia, Turin, Italy, September 28th, 1864, and few who have
the honor of personally knowing that noble-minded patriot will ever suppose
him capable of committing himself to the extent of recommending an unknown
or an unworthy person to the Premier of America.
The next person victimized by Mr. Hale is Mr. Dainese, to whom he attributes
all sorts of intentions, and to whom he wishes Mr. Thayer not to write " because D was not liked at the Department."
That Mr. Thayer knew his man and fully appreciated his disinterested advice,
was shown by the fact of his subsequently nominating this unsatisfactory person, Mr. D., to be his own trusted representative at Alexandria.
Putting this and that together-the letter before us and Mr. Hale's last epistle
denying to Alr. Kindineco American nationality so soon as his position enabled
him to do so-we ask whether he has acted throughout from purely patriotic
motives, or whether the point-blank assertions of many of the folks at Alexandria are correct with reference to bribery?
Mr. Thayer was a trusted and tried officer of the Government whom Mr.
Hale flattered during his lifetime, and if he thought fit to protect Kindineco,
and to give over charge of his office to Mi'r. Dainese, we think Mr. Hale must
have had strong reasons for acting in a contrary sense.
The charge of bribery in the spring of 1862 seems supported by affidavits corroborated by the following facts, namely:
That shortly after the time Mr. Hale is reported to have got the money from
the Viceroy, he proceeded to Boston, bought the'Advertiser," and invested a
large amount in stocks through Mr. Kidder, Messrs. John A. Thayer & Brothers' managing man; then under date 28th October, 1862, he wrote a letter to
Mr. Thayer to the effect that he had invested in all $14,887 75 "from the
moneys which I (he) bro.ught out of Egypt."




APPENDIX.                         81
time, I felt myself bound as a rman of honor not to toucll them
afte r his decease,and to confin e myself to the one he had given
me; they were, with other effects, in iny house when Mr.
Hale forcibly took possession of it.  (See despatchl No. 57.)
Trusting in your well knowll senlse of justice for redress,
I have the hlonor to be, Mr. President, your most obedient
servant,
(Signed)                            F. DAITNESEo
WASHINGTON,'ebrmary 25, 1865.
No. 65.
JMr. Dabiese to Pr'esident Johnson.
To the Presidenit of the T/5?itcd Stactes.
MR. PRESIDENT: I have the ]honor to submit the following
statemnent of facts, which transpired last fall at Alexandria, in
Egypt, and which involve grave misconduct on the part of Mr.
Chlarles Hale, then and now  Consul General of' the United
States to Vigypt.  In this stltement I slhall confine myself to
facts whllicl are eitler within my own knowledge, or are set
forthl in affidclavits, dispatches, and official documents, already on
file in thle Executive Mansion, and of whicle copies are hlereto
appended 
[A full report is here given of the facts stated in my letters to President Lincoln, of 18th December, 1864, and 25th
February, 1865, accompanied by copies of said letters, and
their enclosures, all whicll precede in this appendix, and the
reproduction of which is here omitted to avoid repetition.]
I learned further that Mr. Hale reinstated, after miy departure,
tlhree oonsular agents dismissed by me for dealing, in slaves,
and for whose dismissal I was highly complimented by the
Viceroy's Government.  (See letter L to the President, &c.)
I informed the President, by letters of 25th and 28th February,
1865, of thlese additional facts, accompanied by the proper documents in support thereof.  (See papers L and M.)  In the
crowd of business at that time I could not secure his attention
until his return from Richmond, when his assassination pre6




82                      APPENDIX.
vented his acting on the subject.  These facts will account for
the delay in presenting to your notice events which transpired
over half a year ago.  As a citizen of the United States, I lave
felt it my duty to expose acts so disgraceful to our nation, and
use my privilege to appeal to you for the vindication of my
riglhts when they are so grossly violated; and while I will not
presume to suggest the duty of the government to recall or punish an unfaithful representative, and vindicate the national
honor and the rights of those for whose protection the faith of
the government is pledged, I claim the right respectfully to ask
that my rights of person and property as a citizen be protected;
that the hand which has stayed my business be removed; that
my property be restored, in its original value, and the injuries
I have suffered be redressed by the arm of the Executive, which
is the only power strong enough to promnptly reach the offender.
I have the honor to be, with high respect, your obedient
servant,
F. DAINESE.
WASHINGTON, June 12, 1865.
No. 66.
Translation of extract from  the Italo-Egyptian Journal " I1
Popalo."  Ecditecl by gMr. Santi.
The independent banner of the U. S. of America, which spreads
abroad its stars as symbols of splendor and beauty, now waves
draped with crape and bound with a chain of iron, a standing
proof of the ignominy inflicted on America by its new representative! C. Hale, who passed the seas as the supposed
cllampion of liberty, but who is, nevertheless, the upholder of
despotism, has sold himself as an agent to carry out the despotic
will of others. At the very moment when the honor of the
American flag should have been preserved, and when Mr.
Dainese was vindicating the honor of America, offended by the
local government, the narrow mind of C. Hale intermeddles and
indecently disturbs the question, encroaches on the rights of
third parties, and casts a slur on the free and noble nation of
which he is the accredited representative, reducing his country




APPENDIX.                       83
in public opinion, to the position of a weak and degraded power,
the least amon.gst the least!
Oh! could the shadow of Washington arise once more! indionation would possess him, and with an angry hand lie would
send back this partisan of slavery to the dark dens of those
whose trade It is to conspire against freedom!
A careful consideration of this scandalous affair will lead us
to no explanations of it but those to be found in great self-interested views or in a culpable disposition to act wrongfully;
tendencies, which, impossible as they may seem, are but too
prevalent amongst creatures who seem destined to be rejected
by the whole human race.
There are, however, winds that scatter the strongest men and
their machinations like a handful of dust; and we therefore believe
that, ere long, there will issue from America, that land of liberty
and unsullied popular rights, those words of reprehension witli
which she never fails to crush and humiliate such of her degenerate sons, shameless lielots as they are, who traverse the world
in her name and make common cause with those who insult the
sacred cause for the maintenace of which so much blood has
been shed.
We hope, then, soon to see a speedy termination to all such
abominatio:s, and that Mr. Hale, dismissed from his public
charge, may be sent to seek, within the walls of some temple,
an inspiration to better actions from the sacred principles of
the Bible.
He would, at least, be more in place there than here~
No. 67.
To the PRESIDENT:
Subsequent to the insult ofebred last summer to the United
States consulate general in Egypt by the local police, and
for which satisfaction was demanded and about to be obtained by me, then acting consul general, a similar insult
was offered to certain Italian residents at that place.
The demand for redress of insult to America was cor



84                       APPENDIX.
ruptly abandoned by Mr. IHale on his arrival.  American
rights were, by I-ale's bad faith, tranmpled on and practically
left without the proud protection that has hitherto always
been their boast, and the American flag humiliated and disgraced by Hale's conduct, and his subsequent address to the
Viceroy of Egypt, remains unredressed to this day, whilst
Italy has already obtained full satisfaction.
I enclose herewith the report of that satisfaction published
by the Egyptian press.
A great nation like ours humiliated by the unpardonable
bad faith of an officer!-the honor of a comparatively smaller
nation triumphantly maintained by a chivalric officer! The
citizens and protaeges of the great Republic practically wNithout a protector in Egypt!-the rights of the subjects of a
smaller power safe in the hands of a worthy agent! No further comment seems to be necessary.
With high respect,
F. DAINESE. 
WASHINGTON, Jane 29, 1865.
No. 68.
[Extract from Chronicle of'June, 1865]
Redress obtained by Mr. Bruno, CYonslt General of Italy, from
the Viceroy of Egypt, for outrages upon Itaican subjects.
Lately the Egyptian police entered an Italian domicil, insulted and bastinadoed a number of Italian subjects; whereupon the Italian consul-general at Alexandria, Mr. Bruno,
demanded reparation.  We  clip the following from  the
Egyptian newspaper, S2ettator, which shows the ample satisfaction obtained:
ALEXANDRIA, H6ay 24, 1865.
The consul general of Italy has accepted the following as
the satisfaction demanded from and granted by the Viceroy
of Egypt, who acknowledged the right of the demand:
1. The under-director of the local police, Mustafa Bey, to
be dismissed.




APPENDIX.                        85
2. The AMu/anl (deputy) of police and the chief of brigade
also to be dismissed.
8. The chiefs of district and precinct to be dismissed and
put iished.
4. The guards to suffer severe punishment.
5. The donkey boys to be punished and banished.
6. Tle mninister of police to proceed to the consulate general, and beg the consul's pardon.
7. A superior officer of the Egcrptiall Government to proceed on board the Italian steamer Etna, and beg the corIlmna.l der's pa rdon.
8. His Excellenicy the Governor of Alexandria to proceed
officilly to the Italian conmsulate gelleral, and declare the
Viceroy's regrets for this unfortunate affair, which painfully
afflicted hirn.
We know also that the Italian consul general will invite
the ofticers of the consulate and those of the sloop-of-war
Etna, as well as the representatives of all the corporations of
the Italiall colony in Egypt, to be present at tile solemn execution of this reparation, which will be carried out witlhin a
few h ou rs.
While we feel cheered at the friendly solution of so unpleasant an incident, and at his High-less's exhibition of his
desire to maintain friendly relations with the Italian Governnlenlt, nevertheless we cannot abstain from expressing regret
that the local authorities should have so long delayed to do
right in so important a matter.
HALE'S USURPATION OF JURISDICTION DENOUNCED AND CONDEMNED BY THE COURTS.
Upon L. Papanti's request to Charles Hale to attach Dainese's
property and mosley left witll Messrs. Costantinidi Giocci, Yerza,
and Ralli, merchlants, established in Egypt, on the false allegation that said Dainese was indebted in the sumn of I1085.18s.2d,
to R. H. Allen & Co., of New York, said Hale did attach, and
otllerwise seize and impede, property valued at over $100,000,




s86                           APPENDIX.
without even causing security to be given for damages in case
of wrongful detention. One of his decrees, appended to Papanti's
request, translated from  the Italian, is as follows, viz
No. 69.
No. 215-Seen the preceding act:
" lWe order the execution of the attachment requested therein of the goods,
furniture, money, &c., belonging to Dainese in the hands of Mr. Costantinidi,
and that the duplicate and triplicate, together with the present decree, be transmitted to the Royal Greek Consulate for its execution.
(Signed)                       "CHAS. HALE,
" Agent and Consul General.' ALEXANDRIA, 23d November, 1864."
A  copy of it was sent by Mr. Costantinidi to Mr. Dainese,
who, after vain efforts to check, through the Executive, Hale's
usurpation of power, submitted the case to the justices of the
Supreme Court of the District of Columbia, from before which
the Allens had just dismissed their suit,* to revive it before
their more convenient court-that of Charles Hale-and obtained from said justices the following opinion:
No. 70.
Opinion of the Justices of the Sup2reme Court of the District of Columbia.
The act of Congress entitled "An Act to carry into effect certain provisions
in the treaties between the United States and China, and the Ottoman Porte,"
approved August 11, 1848, and that approved June 22, 1860, confer upon U.
S. ministers and consuls, in those and other countries named in said acts, certain jurisdiction, in certain cases: and the 22d section of the former, and 21st
section of the latter, of said acts extend that jurisdiction to those functionaries
in Turkey. But said jurisdiction, so extended, is only given them for carrying
into effect, as the purport and language of said acts plainly show, the provisions
of said treaties, and is therefore confined to matters named therein.
The treaty with Turkey of May 7, 1830, (8 Stats. at Large, p. 408,) has no
provision whatever requiring U. S. ministers or consuls to assume jurisdiction in matters of contract or other controversies between citizens of the United
States, resident in the United States, who happen to be temporary sojourners
in the dominions of the Porte, which controversies can only be determined by
the tribunals of their respective domicils where the contract was made. Therefore no consul of the United States, residing in the Turkish dominions, has any
right to assume jurisdiction, try, or determine controversies of a civil character between citizens of the United States domiciled in the United States, and
any usurpation of such jurisdiction by any of the consuls in the Turkish dominions, would be regarded in the law as a trespass by the consul thus usurping
jurisdiction, for which he would be answerable in damages to the party aggrieved
thereby.
WASHINGTON, D. C., January 4, 1866.            GEO. P. FISHER,
D. K. CARTTER,
A. B. OLIN.
* See records of S. C., D. C., No. 1,414.




APPENDIX.                              87
DISTRICT OF COLUMBIA, TO WIT:
I, Return J. Meigs, clerk of the Supreme Court of the District of Columbia,
do hereby certify that the Hon. David K. Cartter is Chief Justice, and the Hon.
George P. Fisher and A. B. Olin, Justices of the Supreme Court of the District
of Columbia, and were such at the time of signing the above instrument and
writing.
In testimony whereof, I have hereunto subscribed my name and affixed the
seal of said court, this 16th day of February, 1866.
[L. S.]                                         R. J. MEIGS, Clerk.
DISTRICT OF COLUMBIA, TO WIT:
I, David K. Cartter, Chief Justice of the Supreme Court of the'District of
Columbia, do hereby certify that the above attestation of Return J. Meigs,
clerk of said court, is in due form.
Given under my hand this 16th day of February, 1866.
D. K. CARTTER, Chief Justice.
UNITED STATES OF AMERICA, DEPARTMENT OF STATE.
To all to whom these presents shall come, Greeting:
I certify, that David K. Cartter, whose name is subscribed to the paper hereunto annexed, is now, and was at the time of subscribing the same, Chief
Justice of the Supreme Court of the District of Columbia, duly commissioLsed~
and that full faith and confidence are due to his acts as such:
In testimony whereof, I, William H. Seward, Secretary of State of the United
States, have hereunto subscribed my name and caused the Seal of the Department of State to be affixed.
Done at the City of Washington, this tenth day of August, A. D. 1866, and
of the Independence of the United States of America, the ninety-first.
[L. s.]                                   WILLIAM  II. SEWARD.
Subsequently-last August —Mr. Deputy  Marshal Phillips, of this district, undertook to serve upon  Mr'. Dainese
the following two decrees of Charles Hale, with other papers,
summoning (.) aMr. Dainese to proceed to Egsupt.
No. 71.
"CONSULATE-GENERAL OF THE UNITED STATES OF AMERICA
AT ALEXANDRIA, EGYPT.
-Richard H. Allen and A. B. Allen vs. _F. Dainese.
Upon reading the petition of the said Allen in this matter, claiming that the
said Dainese is indebted to them in a sum equal to one thousand and eightyfive pounds sterling eighteen shillings and two pence, with interest and costs
or less, and the affidavit of Luigi Papanti in support of the sameIt is ordered that an attachment do forthwith issue to attach the several
goods, chattels; effects, moneys, and premises of and belonging to the said Dainese; that notice be, and hereby is, given to said Dainese to appear at this consulate-general on Tuesday, the 3d day of January next, at 11 o'clock in the
forenoon, at which time and place the cause will be tried according to law.
Witness my hand and the seal of the consulate-general, this 22d clay of November, 1864, and of the independence of the United States the 89th.
[SEAL.]         (Signed)                             CHAS. HALE.




88                               APPENDIX.
CONSULATE GENERAL OF THIE UNITED STATES OF AIMERTICA,
AT ALEXANDRIA, EGYPT, A2)ril 16, 1860.
JIT the lcftteer of Pi. II. Alletl and A. B. Allen vs. E: Daclaese.
It appears that the said Dainese is now in the United States.
On petition of said AllenIt is ordered that the said petitioners have leave to procure a copy of thle
order of this Consulate General ol the 20d day of Novemlber, in the year one
thousand eight hundred and sixty-four, together with a copy of the petition
and affidavit therein mentioned, to be served by some disinterested person upon
the said Dainese in the United States; and that upon such service, tile said
Dainese have until Tuesday, the sixteenth dc.v of October next,, at eleven o'clo)ck
in the forenoon, to appear at this Consulate General, to which time and plce
the further proceedings herein are hereby adjourned, the previous orders respecting the goods attached meanwhile remaining in force
And it is further ordered, that, unless the said Dainese sliall make ippearance
as aforesaid, at this Consulate tGeneral either in!person or by duty authorized
attorney, on the sixteenth of October, at eleven o'ciock, lie stfall ba deemed to
be in default, and such proceedcings shall thereupoil be had therein as if tlle
notice mentioned in said order of twenty-second November had been given
to said Dainese personallI, within the jurisliction of this Consulate General.
It is further ordered that a proof copy be served on said Dainese at tlie samlle
tine, and that suchi service be made on the said Dainese on or before the first
day of September, in the year one thousand eight hundred and sixty-six.
In witness  whereof, I, Charles Hale, Consul General of the United States of
America at Alexandria, Egypt, have hereto set my hand and seal of' office, this
sixteenth day of April, in the year one thousand eight hundred and sixty-six,
and of the Independence of the United States tihe ninetieth.
[L. S.]    (Signed)                         CHARLES HALE,
No. 72.
CONSULATE GENERAL OF THE UNITED STATES OF AEIERICA
Ar ALEXANDRIA, EGYPT, A.pril 16, 1866.
To Joseph IT. Chosate, EFsq., of the city of /New York, Uzited States of Amnerica:
You are hlereby appointed commissioner, and authorized and empowered to
take testimony to be used in an action of the case pending before me, wherein
R. H. Allen and A. B. Allen, merchants of the city of New York, are the
plaintiffs, andi F. Dainese, who is believed now to be within the United States,
is thle defendant.
You will take no proceedings under this appointment unless it shall be made
to appear to vou that actual notice thereof has been given to the said defendant
by service upon him of a copy of this, my commission, by some disinterested
person within the United States.
A copy will be likewise served on the attorney of the plaintiff's within this
j uisdiction.
You will put in writing the interrogatories which may be put to witnesses at
the instance of either party, with the answers thereto, and return to me such
interrogatories and answers on or before the sixteenth day of October next.
In witness lwhereof, I, Charles Hale, Consul General of the United States of
America at Alexandria, Egypt, have  hereto set my hand and seal of office
this sixteenth day of April, in the year one thousand eight hundred and sixtysix, and of the Independence of the United States thle ninetieth.
LL. S.]         (Signed)                         CI-IARLES HIALE.
Upon  Mr. Dainese bringing  the above illegalities to  the
notice  of the  SuprTe me  Court of the  State  of New   York,
the follovwing order was entered by that court:




APPENDIX.                              89
N o. 73.
SUPREME COURT.
FRANCIS DAINESE AGAINST RICHARD ALLEN, ANTHONY B. ALLEN, CHARLES HALE,
AND JOSEPH H. CHOATE.
On the complaint in this action and the affidavit, of which a copy is hereto
annexed.
It is ordered that the defendants in this action show cause before one of the
jnstices of this court at the special term thereof, to be held at chambers at the
City Hall of the city of New York, on Monday, the third day of September
next, at the opening of the court on that day, or as soon thereafter as counsel
can be heard, why the said defendants should not be enjoined and restrained
according to the prayer of the plaintiff's complaint; and in the meantime, and
until the hearing and decision of this motion —
It is ordered that the said defendants, Richard H. Allen and Anthony B.
Allen, their agents, servants, attorneys, and counsellors, desist and refrain from
further prosecuting or in any manner proceeding in the suit or action instituted
and commenced by them against the plaintiff before the said defendant Hale, at
Alexandria, in Egypt, and from authorizing or requesting the said Hale to proceed farther therein; and also that the defendant, Joseph H. Choate, desist and
refrain from summoning or examining any witnesses, or acting in any manner
under the commission issued to him by said Hale, as alleged in the complaint
herein.
GEORGE G. BARNARD,
Justice Supreme Court.
NEW YoRa, August 31, 1866.
And after hearing the defence of the usurpers, the court
entered the additional order hereinafter'
No. 74.
At a special term of the Supreme Court of the State of Newo York, held at the
City Hall, in the City of New York, on the 17th day of October, 1866.
Present —Hon. T. W. Clerke, Justice.
FRANCIS DAINESE AGAINST RICHARD H. ALLEN, ANTHONY B. ALLEN, CHARLES
HALE, AND JOSEPH H. CHOATE.
The motion made by the plaintiff for an injunction coming on to be heard;
on reading and filing the plaintiff's complaint and affidavit in support thereof,
dated August 28, 1866, and the affidavits of R. H. Allen and Luigi Papanti, on
the part of the defendants Allen, and on hearing Samuel J. Glassey and Charles
F. Blake, Esqs., of counsel for the plaintiff, and Samuel Newell, Esq., of
counsel for the defendants, Richard HI. Allen and Anthony B. Allen, it is ordered that until judgment shall be rendered in this action, the said defendants,
Richard H. Allen and Anthony B. Allen, be, and they are hereby, restrained
and enjoined from further prosecuting or proceeding in any manner, either by
themselves, their agents, servants, attorneys, or counsellors, in the action or
proceeding instituted by them before the defendant, Charles Hale, at Alexandria,
in Egypt, against the plaintiff, or from authorizing or requesting, or directing
said Hale to continue to keep possession, or from, in any manner, interfering
with the property, credits, and effects of the said plaintiff at Alexandria aforesaid. And it is also ordered that the said defendant, Joseph H. Choate, be, and
he is hereby, enjoined and restrained from summoning or examining any witnesses, or acting in any manner under the commission issued to him by said
Charles Hale to take testimony in the said proceeding instituted before him
by said defendants Allen against said plaintiff.




90                             APPENDIX.
The defendants Allen to be at liberty to appeal from this order to the general
term of this court without security. Ten dollars costs of this motion to abide
the event of this action.
WILLIAM  C. CONNER, Clerk.
[A copy.]
From  this order the  Hale  party appealed to  the general
term, when the court, after delivering the following opinion,
which was adopted  unanimously, denied Hale's jurisdiction,
and made perpetual the restriction  of proceedings in Egypt.
No. 75.
SUPREME COURT-GENERAL TERM.
DAINESE AGST. ALLEN AND OTHERS.
CLERKE, J.: Even if the judicial authority was vested by the conjoint consent
of the government of the United States, and that of the Ottoman Porte, in the
American Consul at Alexandria, still it would not be the judicial power contemplated in the third article of the Constitution.  The power contemplated
by the Constitution is that which is possessed and exercised by regularly organized tribunals, within the territory of the United States; in which actions are
prosecuted and justice administered by judges especially appointed according to
an established procedure and in a regular and formal manner.  The authority
given to executive officers to exercise judicial functions, incidentally or occasionally, is not that judicial power to which the third article of the Constitution of the United States has reference; therefore a State court will not refrain
from interfering with persons prosecuting a claim befoie an American Consul
in a foreign country, where the Consul has no jurisdiction of such claim or
exercises an authority to which he has no right.
II.
As a general rule, if a party has an adequate remedy at law, a court of
equity will not interfere by injunction; but it is sometimes difficult to determine
whether he has an adequate remedy, particularly when an injury may be suffered through the instrumentality of judicial proceedings in a foreign country,
and therefore as Lord Broughham says, in Canon Iron'Co. vs. McLarens (5 H.
of L., 438,) " if a suit instituted abroad appears ill calculated to answer the
ends of justice, the court of chancery will restrain the foreign action."
III.
At the time the proceedings under consideration were commenced before the
consul, he had no jurisdiction in civil cases. There are only two treaties, I
believe, between the United States and the Ottoman Porte, in which the latter
has delegated any portion of judicial authority to the consuls of the former.
The treaty of 1830 does, undoubtedly, grant to them in certain cases criminal
jurisdiction, but nothing more. The treaty of 1860 has the following provision:
" It is moreover expressly stipulated that all rights, privileges and immunities which the Sublime Porte now grants or may hereafter grant to, or suffer to
be enjoyed by, the subjects, ships, commerce, or navigation of any other foreign
power, shall be equally granted to, exercised, and enjoyed by the citizens, vessels, commerce, and navigation of the United States of America."
It is contended that because the consuls of other nations have exercised jurisdiction in civil cases in Turkey, that this provision delegates the same jurisdiction to American consuls.  It does not contain a single word relative to consu



APPENDIX.                                 91
lar authority of any description; it relates solely to privileges allowed to
private individuals, and to commerce End to navigation. Before we can decide that a nation parts with any of her sovereign authority, the language by
which it is transferred should be direct and unequivocal.  From  the language
quoted it is evident that no such design was ever the subject of negotiation;
nor do I think Congress has conferred any such authority upon consuls, although,
if it had, the authority would be ineffective without the concurrence of the Ottoman Porte. As we have seen that this concurrence has not been yielded, it
is scarcely necessary to examine the acts of Congress relating to this subject
with any particularity.
By the act of 1860 judicial power is conferred on consuls in criminal matters,
and, in civil cases, with such powers as consuls in China possess, so far as the
same is permitted by the laws of Turkey, or its usages in its intercourse with
the Franks or other Christian nations.  By the treaty with China the jurisdiction of consuls in civil cases is confined to questions between citizens of the
United States residing in China.  Neither party in the proceedings before the
consul in Alexandria resided there at the time they were commenced, or at
any time since. It is unnecessary to pursue this examination any further, as we
have seen that the Ottoman Porte has never yielded any jurisdiction in civil
courts to American consuls.
On the whole, I think this injunction ought to be continued.  WVe have jurisdiction over the persons of the defendants; it is a proper case for the exercise of that jurisdiction; and the prosecution of the proceedings before the
consul at Alexandria is calculated to be productive of gross injustice.
Order should be affirmed with costs,
[Copy.]                                   O. S. BARBOUR, Reporter,