881.6463/20 The Ambassador in Italy (Garrett) to the Secretary of State No. 537 ROME, September 26, 1930. [Received October 9.] SIR: I have the honor to acknowledge the receipt of the Department's instruction No. 206 of August 26, 1930,23 regarding a prospective violation of the Act of Algeciras by the Tangier Administration in connection with a contemplated award of a concession for the distribution of electric light and power in Tangier, and to inform the Department that owing to the temporary absence from the Italian Ministry of Foreign Affairs of the official competent to deal with this matter, it was not possible to discuss this question informally at the Foreign Office until two days ago. At that time a brief history of this concession was communicated to the official at the Foreign Office, together with a statement of the position of the Government of the United States relating thereto based on the despatches on this case which had been received from Mr. Blake. I was informed at the Foreign Office that a brief despatch on this matter had been received from the Italian Consul General at Tangier, but as the Consul General stated that owing to a disagreement among the representatives at Tangier of the interested Governments the entire question had been referred to the Committee of Control for further study, and that consequently the Italian Government did not feel itself called upon to issue any instructions in the premises at this time. I should be glad to be informed of any developments in this matter which may take place at Tangier in order that I may be in a position to make such further representations as the Department may desire. Respectfully yours, For the Ambassador: 881.6463/21 The Ambassador in Great Britain (Dawes) to the Secretary of State No. 1406 LONDON, November 19, 1930. [Received November 29.] SIR: I have the honor to refer to my despatch No. 1229, September 25, 1930, relating to the electric light concession in Tangier, and to enclose a copy, in triplicate, of a Foreign Office note received today,24 23 See footnote 6, p. 590. 24 Enclosure not printed. in which the Foreign Office more or less re-considers the position taken in former conversations with an officer of the Embassy, and would appear to be considering favorably the possibility of granting this concession to the Franco-Spanish merger. However, the last paragraph of the note asks that inquiries be made as to whether the State Department shares the views of the Foreign Office on this question, as set forth in its note of November 18, and, if so, whether the State Department, in the interests of the Tangier Zone, would join with the British in accepting a compromise of sorts. I have informed the Foreign Office that the matter has been referred to the Department of State. Subsequently to the receipt of this note I was asked orally to regard as strictly confidential this consultative action of the British on this question. Respectfully yours, (For the Ambassador) RAY ATHERTON Counselor of Embassy INABILITY OF AN AMERICAN COMPANY TO WAIVE CAPITULATORY RIGHTS ENJOYED BY THE UNITED STATES IN MOROCCO 881.602/24 The Diplomatic Agent and Consul General at Tangier (Blake) to the Acting Secretary of State No. 477 TANGIER, March 3, 1930. [Received March 25.] SIR: I have the honor to transmit to the Department herewith copy of a communication which I have received from the Paris office of the Coudert Brothers,25 enquiring as to the possibility of the waiver of capitulatory rights in Morocco, by an American concern, in compliance with a clause of a contract to be entered into by the latter with a French Company. The enquiry is stated in self explanatory terms, and I would respectfully solicit an expression of the Department's opinion as to the tenor of the reply which should be made in the premises to the parties referred to. I have [etc.] 25 Not printed. MAXWELL BLAKE 881.602/24 The Acting Secretary of State to the Diplomatic Agent and Consul General at Tangier (Blake) No. 586 WASHINGTON, April 3, 1930. SIR: Receipt is acknowledged of your despatch No. 477 of March 3, 1930, relating to the possibility of waiver of capitulatory rights in Morocco by an American concern. The United States has acquired its capitulatory rights in Morocco, as well as in certain other countries, through treaty, custom and usage. The rights thus obtained were granted to the United States as a sovereign nation and inure to the benefit of private persons or concerns only by reason of their American nationality. The Secretary of State has stated, notably in a telegraphic instruction last year to the American Minister in Cairo that "under the capitulatory regime the United States only can waive or derogate rights possessed thereunder by American citizens". It is therefore considered that an American company has no authority to waive any of the capitulatory rights enjoyed by the United States in Morocco by contract or otherwise. I am [etc.] For the Acting Secretary of State: RESTRICTIONS ON MISSIONARY ACTIVITIES IN THE FRENCH 381.1163/1 ZONE IN MOROCCO The Diplomatic Agent and Consul General at Tangier (Blake) to the Secretary of State No. 559 TANGIER, November 7, 1930. [Received November 22.] SIR: I have the honor to report to the Department that the Reverend Fred. C. Enyart, an American citizen, resident for some thirty-five years in Mequinez, Morocco, Secretary of the "Morocco Mission" of the Gospel Missionary Union Incorporated of Kansas City, Missouri, United States of America, recently visited me in Tangier for the purpose of apprizing me of the opposition manifested by the French Authorities to the evangelizing work of the American Missionaries in Morocco. The question was fully and frankly discussed between us in all its aspects. I told Mr. Enyart that, while in principle, I was not disposed to admit of any right of the French Authorities to restrict the right of residence and the freedom of travel provided for by the treaties, or the legitimate activities of any American citizens in Morocco, it certainly did appear necessary in the present condition of affairs in the French Zone, for Christian Missionaries to observe the greatest tact and restraint. I reviewed the extremely delicate position which had arisen for the French and native Authorities, as a result of the so-called "Berber Dahirs" which I reported to the Department in my Despatch No. 540 of September 18th, 1930.26 Mr. Enyart was fully aware of these conditions, freely admitted the delicacy of the situation, and expressed his intention to observe the requisite prudence in his activities. Enclosed herewith is a copy of a written communication submitted, at my request by Mr. Enyart, on the subject of his conversations with me.2 26 Although as a result of my interview with Mr. Enyart the situation for the time being would appear to have been met, difficulties might not improbably present themselves in the near future. One cannot deny that religious activities of Christian propagandists are liable, with the disturbed atmosphere created in Mohammedan circles by the French Berber policy, to provoke serious political repercussions in the French Zone of Morocco. In these circumstances it appears that the Sultan has received formal assurances of the French Authorities as to the suppression of all attempts to Christianize the Berber tribes, and these assurances appear to have produced a desirable measure of appeasement to the Moorish population. To what degree such promises may be deemed a justification to restrain the American Missionaries in Morocco from carrying on activities, which, as Mr. Enyart points out, they have peacefully pursued in this country for over thirty-five years, is a question of some complexity, in the circumstances. Furthermore, as it is anticipated that similar difficulties may present themselves in the near future, also in the Spanish Zone of Morocco, I venture to solicit the Department's instructions as to the measure of official support, which it may be deemed proper for me to afford to American Missionaries in Morocco, in the event of their further appeal for my intervention with the French and Spanish Authorities. Respectfully yours, 381.1163/2 MAXWELL BLAKE The Secretary of State to the Diplomatic Agent and Consul General at Tangier (Blake) No. 616 WASHINGTON, December 8, 1930. SIR: The Department has received your despatch No. 559 of November 7, 1930, concerning the opposition of the French authorities in Morocco to evangelization work of Christian missionaries. 26 Not printed. The Department is reluctant to permit the French authorities, without protest, to restrict the activities of American missionaries when such restriction would appear to be in violation of American rights. Nevertheless, the Department is equally reluctant to raise an issue so pregnant with possible difficulties as that inherent in controversies of a religious nature, especially those of a political character. It is understood from your despatch that the opposition to the Christianization of the Berbers comes from the Moorish population and that the French authorities have found it necessary to issue the orders in question in order to maintain an undisturbed political situation. It is assumed that the suppression of attempts to Christianize the Berbers has been applied to missionaries of all nationalities, (including French), so that there is no element of discrimination against American missionaries. If, in your opinion, it has been reasonable and necessary for the French authorities to adopt the measures in question you should advise American missionaries in Morocco, should they seek your assistance, that they should restrict their activities to conform to the restrictions of the French authorities. Very truly yours, For the Secretary of State: NEGOTIATIONS CONCERNING CLAIMS AND PROPOSED RECOGNITION BY THE UNITED STATES OF THE SPANISH ZONE IN MOROCCO 27 452.11/238 The Acting Secretary of State to the Ambassador in Spain (Laughlin) No. 5 WASHINGTON, January 18, 1930. SIR: The Department has received Mr. Whitehouse's confidential despatch No. 1416, dated November 25, 1929,28 in reply to its instruction No. 637 of November 6, 1929,29 relative to American claims in the Spanish Zone of Morocco, the details concerning which are set forth principally in despatch No. 311 of July 12, 1928,30 and despatch No. 433 of September 4, 1929, from the American Diplomatic Agent at Tangier. Copies of these despatches as well as others bearing on the matter were sent to your office by Mr. Blake. The Department fails to understand the attitude of the Spanish Government towards these claims and remains of the opinion that the latter's proposal for a settlement thereof on the basis of recognition 27 Continued from Foreign Relations, 1929, vol. III, pp. 492-505. 28 Ibid., p. 504. 29 Ibid., p. 503. 30 Ibid., 1928, vol. 1, p. 349. 31 Not printed. |