The Department leaves to your discretion the advisability of presenting this Note to the Spanish Government at the present time or of withholding it for use in connection with the negotiation of a commercial agreement with Spain.1 I am [etc.] 881.512/39 For the Secretary of State: The Ambassador in Spain (Moore) to the Secretary of State No. 174 MADRID, December 24, 1923. SIR: With reference to the Department's Instruction No. 21 of November 17th last, I have the honor to report that I have today sent a note to the Foreign Office such as outlined in the above mentioned Instruction regarding the conditional consent of the Department to the Moroccan tax on alcohol as it applies to American citizens and protégés. I have [etc.] ALEXANDER P. MOORE INTERFERENCE BY THE FRENCH RESIDENCY GENERAL WITH THE CERTIFICATION OF AMERICAN PROTÉGÉS 381.11 Said, Sid Mohamed Ben The Diplomatic Agent and Consul General at Tangier (Denning) to the Secretary of State No. 20 [Extract] TANGIER, July 24, 1922. SIR: At the request of the "Vacuum Oil Company," this Agency granted, some time ago, a semsarship to Sid Mohamed Ben Said of Salee. To this, the authorities of the French Protectorate first objected, on the ground that Salee and Rabat were really the same place, and when this matter was adjusted, there was further objection that the aforementioned was a notary of public, and so a public functionary, a fact which would debar him from becoming a protégé. Although the Agency felt that this was very technical, a notary being merely a municipal appointee, and not in any real sense, a public functionary, Sid Mohamed Ben Said was instructed to relinquish his office of notary. This was done. Then, under date of July 3, 1922, the French Residency addressed a Note to me deal "See pp. 831 ff. ing both with the case of Sid Mohamed Ben Said and Sid Taibi Ben Tahami Haddawee. I enclose copy of this Note and my reply thereto, dated respectively July 3, 1922 and July 19, 1922.1 Therein, the Protectorate authorities, acting presumably as the Minister for Foreign Affairs of the Moorish Government, now affirm that the Government cannot give its consent to the semsarship of Sid Mohamed Ben Said, because he and his family have opposed and continue to oppose the authority of the Protectorate, and because, therefore, as it claims, this protection would only be used, by Sid Mohamed Ben Said, to secure immunity for his political activities, and not to forward the business of the "Vacuum Oil Company" which, in the opinion of the French authorities, is adequately cared for by the firm of Coriat of Rabat. (Rabat is just across a river from Salee, but is a distinct municipality). I have [etc.] J. M. DENNING 881.11 Said, Sid Mohamed Ben The Secretary of State to the Diplomatic Agent and Consul General at Tangier (Denning) No. 221 WASHINGTON, October 10, 1922. SIR: The receipt is acknowledged of your despatch No. 20, of July 24, 1922, with reference to the objections raised by the French Residency General at Rabat to the designation of Sid Mohamed Ben Said as a semsar of the Vacuum Oil Company. From the Residency General's communication of July 3, 1922, of which you enclose a copy, it appears that the refusal of the Maghzen to assent to the extension of American protection to this native is based on its opinion that his object in seeking such protection is not to advance the interests of the American company, but to secure impunity for political activities hostile to the authorities of the Protectorate. You request instructions concerning the reply to be made to the communication above mentioned. The Department does not feel that it is in possession of sufficient information to enable it to instruct you specifically as to the reply to be made to the French Residency General's communication of July 3, 1922, setting forth the objections of the Maghzen to the extension of American protection to Sid Mohamed Ben Said. As indicated in the Department's instruction No. 201 of December 2, 1921,15 the propriety of the extension of American protection to native Moors employed as factors, brokers, or agents by American merchants is re "Notes not printed. 15 Not printed. garded by the Department as a matter for the exclusive determination of the appropriate representatives of this Government. Any objections which may be made by the Shereefian Government to the inclusion of specific individuals in the lists of American protégés are, of course, entitled to serious consideration, but in considering such objections it is necessary to bear in mind the importance of not unduly restricting the liberty of American merchants to choose for themselves the natives to be employed by them in their business affairs, as factors, brokers, or agents, and to be placed under American jurisdiction and protection pursuant to the provisions of treaties. It is obvious that a mere statement or suggestion by the Shereefian Government that an individual included in the list of American protégés is hostile or unfriendly to the authorities of the Protectorate is insufficient warrant for the withdrawal of American protection from such an individual. It is noted that in the case of Sid Mohamed Ben Said the objections of the Shereefian Government or of the French Residency General have been based on different grounds at different times. If it be true, as stated by the Residency General, that this Moor has always made himself conspicuous by his hostility toward the authorities of the Protectorate, it seems remarkable that he was, notwithstanding his hostile attitude, permitted to continue as a public functionary, and that objection on the ground of his hostility to the authorities was not advanced at the outset. The Department desires that you make a most thorough investigation respecting this matter, bearing in mind the foregoing observations and also the French practice of discouraging Moors from accepting semsarships, as set forth in your despatch No. 25,16 and that you submit a further report to the Department. In this connection reference is made to the Department's instruction of even date 16 in reply to your despatch No. 21 of July 26, 1922,18 in which you suggested a modification of the procedure at present observed in the issuance of "semsar certificates". I am [etc.] 881.11 Said, Sid Mohamed Ben CHARLES E. HUGHES The Secretary of State to the Diplomatic Agent and Consul General at Tangier (Denning) No. 241 WASHINGTON, December 26, 1922. SIR: The Department has received, in response to its instruction No. 221 of October 10, 1922, your despatch No. 64 of November 21, 18 Not printed. 17 1922, reporting the results of an investigation made by the Vice Consul in Charge at Casablanca with a view to ascertaining the merits of the contention of the French Residency-General at Rabat that the semsar Sid Mohamed Ben Said has sought American protection in order to secure impunity for political activities hostile to the authorities of the Protectorate. The Vice Consul's report, as summarized by you, is to the effect that Sid Mohamed Ben Said is a peaceable and well-to-do Moor enjoying a high reputation in his community; that he is at present devoting his attention exclusively to the business of the Vacuum Oil Company, of which he is the sole representative at Salee; that he holds nothing against the French authorities and does not know why he should be suspected of hostility toward them; and that he has never taken part in any propaganda against the authorities. . . . Should you be unable to reach an understanding with the authorities through informal discussions, you may address a note to the Residency-General, stating the results of the investigation which has been made and adding the substance of the following: As has been made clear in previous communications concerning the extension of American protection to native Moors employed as factors, brokers, or agents by American merchants, my Government is firmly of the opinion that the propriety of the extension of such protection is, under the applicable treaties, in every case a matter for the exclusive determination of the appropriate representatives of the United States. Any objections which may be made by the Shereefian Government to the inclusion of specific individuals in the lists of American protégés will, of course, be given courteous and serious consideration, but in considering such objections the representatives of the United States are obliged to bear in mind the importance of not unduly restricting the liberty of American merchants to choose for themselves the natives to be employed by them in their business affairs as factors, brokers, or agents, and to be placed under American jurisdiction and protection pursuant to the provisions of treaties. In the case of the semsar Sid Mohamed Ben Said the objections advanced in behalf of the Shereefian Government have been examined with the utmost care, and, in view of the suggestion that the semsar had sought American protection in order to secure impunity for activities hostile to the authorities of the Protectorate, a special investigation has been made by a representative of my Government. The investigation has revealed no evidence from which I can infer that the semsar is or has been unfriendly to the authorities of the Protectorate or that, in seeking American protection, he was in any way actuated by improper motives. I am, therefore, constrained to state, under instructions from my Government, that Sid Mohamed Ben Said, the representative of the Vacuum Oil Company at Salee, and the bearer of a certificate of "Not printed. American semsarship, is regarded by my Government as entitled to all the rights and privileges assured to semsars under the applicable treaties and usages and that upon appropriate occasions the protection of my Government will be extended to him as an American semsar. I may add that should the Shereefian Government at any time bring to my attention evidence tending to show that this semsar is unworthy of American protection, I shall not fail to give due consideration to such evidence. I am [etc.] 381.11 Said, Sid Mohamed Ben CHARLES E. HUGHES The Chargé at Tangier (Rand) to the Secretary of State No. 144 TANGIER, June 14, 1923. SIR: I have the honor to refer to Despatch No. 20 of July 24, 1922 and to No. 64 of November 21, 1922 18 from this Agency and Consulate-General and to the Department's instructions Nos. 221 of October 10, 1922 and 241 of December 26, 1922, (both under file number 381.11-Said, Sid Mohamed Ben), relative to the granting of an American protection certificate to Mohamed Ben Said of Salee, as Semsar of the "Vacuum Oil Company" in that city. In this connection I have the honor to inform the Department that under date of June 9, 1923, the American Consul at Casablanca reported to this Agency that he had received a Note from the "Cabinet Diplomatique” at Rabat stating that the Maghzen refuses to recognize Mohamed Ben Said as being under American protection. I have subsequently received from the Residency-General of France at Rabat, a communication under date of June 8, 1923, indicating that this native who had already figured on the American protection lists for 1921 and 1922, had not been recognized as an American protégé by the Maghzen for reasons given in previous correspondence from the French Residency-General to the American Agency at Tangier, correspondence which was duly transmitted to the Department in Despatch No. 20 of July 24, 1922, above mentioned. In its communication of June 8, 1923, the Residency-General of France at Rabat, makes the following statement:— "His (Mohamed Ben Said's) case was particularly considered in the course of conversations which took place at Casablanca last January at the time of Mr. Denning's stay there, and Mohamed Ben Said was signalized to the latter as an example of that class of natives who, without being ex-German protégés, have nevertheless always distinguished themselves by their opposition to France and to the Maghzen. Mr. Denning was good enough to give Mr. de Sorbier de 18 Latter not printed. |