It is understood that representations have already been made to the
Spanish Government by those Jews on the subject of foreign protection to
their coreligionists in Morocco, and it is not improbable that similar
representations may have been made to other foreign governments,
proceeding from the reports of interested parties in that country.
I am, therefore, of opinion that it will be satisfactory to the
Government of the United States to be in possession of the statements
made upon the subject by a man with so long an experience in Morocco as
Sir John Drummond Hay.
I avail myself at the same time of this opportunity to express my hope
that the Government of the United States has taken into consideration
the inquiry which, in compliance with Lord Salisbury’s instructions, I
made in my note above mentioned, whether it would regard with favor the
proposal to refer the further discussion of the question of their
regular protection of Moors to a meeting of the representatives of the
powers concerned at Madrid, and if a decision shall have been arrived
at, that you will have the goodness to communicate to me its purport as
soon as it may be in your power.
[Inclosure in Sir Edward Thornton’s
note of December 13, 1879.]
Memorandum of the language held to Sir J. H.
Drummond Hay by the Rev. A. Löwy, Secretary of Anglo-Jewish
Association, and of Sir J. H. Drummond Hay’s
replies.
M. Löwy informed me that a deputation from the Anglo-Jewish
Association desired to make a representation to me regarding the
serious results which might be brought about in Morocco by the
withdrawal from the Jewish population of the protection hitherto
afforded to them by the foreign representatives, as their brethren
in such case would be exposed more than ever to the unjust and
tyrannical action of the Moorish Government and their
authorities.
M. Löwy said he was aware that I had frequently used my good offices
with the Moorish Government in behalf of their brethren who were
oppressed, but that the association had been informed I was taking a
very active part in urging the withdrawal by foreign governments of
protection to the Jews in Morocco.
I replied that the association appeared to have been misinformed, and
also to entertain very erroneous impressions regarding protection
having been hitherto afforded to their brethren in Morocco by the
foreign representatives.
I said that he was quite correct in stating that I have done all in
my power to bring about the abolition of irregular protection
afforded by the foreign representatives to the Mohammedan and Jewish
subjects of the Sultan, but that this measure, if carried into
execution, would only affect about 1,500 wealthy Jews, including
their families, and in no way affected the 200,000 who formed the”
Hebrew population of Morocco, and who had never enjoyed the
advantages of foreign protection; moreover, that the Moorish
Government had volunteered to agree, on the withdrawal of foreign
protection to those Mohammedans and Jews who had been irregularly
protected in past years, that when these persons might happen to be
prosecuted at Moorish tribunals in criminal or civil cases, that
notice should be given to the consul of the nation which had
formerly protected them, in order that he might be present, and
watch that no unjust decision was arrived at which might appear to
be of a vindictive character in consequence of the party accused
having enjoyed in past years foreign protection.
[Page 501]
I observed that the protection afforded by foreign representatives to
Moorish subjects, who were not bona fide in
the service of foreign governments or of diplomatic or consular
officers, was contrary to treaty stipulations; that protected
natives were subject solely to the jurisdiction of foreign consular
officers; that they were exempted from all service to the State, and
paid no taxes to the Sultan; and that they received the support of
those representatives who protected them in the claims they might
happen to bring forward against this government or Moorish subjects;
that the Moors and the Jews who had irregularly obtained protection
were generally selected from the wealthier portion of the
population; that I was not surprised to learn that the associations
of Jews in European capitals received reports from their protected
brethren in Morocco, who are in general respectable, wealthy, and
educated persons, leading them to believe that a great calamity
would befall the Jews in general if the protection afforded to them
was withdrawn.
This I said, is very natural on their part, for they are exempted
from all contributions and taxes due to the Moorish Government, and
they obtained the support of their protectors in cases of claims
which the Moorish Government is compelled by menace or dictatorial
language to pay without an impartial inquiry; but these advantages,
as I have said before, do not benefit the 200,000 Jews who are not
protected, but, on the contrary, give rise to strong feelings of
hatred on the part of those Mohammedans who may have suffered from
the arbitrary decision given against them through the influence of a
foreign representative, and that crying cases of injustice had
occurred which had aroused strong feelings of animosity on the part
of Mohammedans.
I informed M. Löwy that the treaties of Great Britain and Spain with
Morocco alone stipulated that Moorish subjects in the employment of
foreign diplomatic and consular officers are entitled to be exempted
from the jurisdiction of the Moorish authorities; that the old
French and other treaties stipulated not only that Moorish subjects
employed by foreign officers, but also foreigners themselves, were
to be subject to the jurisdiction of Moorish tribunals, though the
consul was to be present at the trials.
That the abuse of irregular protection had increased greatly during
the last twenty years, as the other foreign representatives had
claimed, on account of clauses in their respective treaties which
entitled them to be regarded as agents of the most favored nations,
the privileges in the British and Spanish treaties, and on this plea
had inserted in their lists Moors and Jews who were not bona fide in their service; that these abuses
were increasing, and had become so intolerable of late years that
the Sultan and his government had raised the present question, and
had demanded that protection should be restricted to the concessions
made in treaties with Morocco.
I informed M. Löwy that ever since my appointment in Morocco, in
1845, I had never turned a deaf ear to any reasonable representation
which had been made to me from time to time by the Jewish elders at
Tangier or other towns in behalf of their brethren who were declared
to be oppressed or ill-treated by the Moorish governors or other
authorities in the interior, and that I had frequently used my good
offices with the view of checking or mitigating acts of injustice,
and also of obtaining reparation.
That the late and present Sultan and their ministers had never
refused to admit my officious interference in such cases, though
they had frequently informed me that they felt less hesitation in
doing so, as they knew I adhered strictly to treaty stipulations,
and did not afford protection to any Moorish subjects who were not
entitled to it. I said that I had rarely troubled Her Majesty’s
Government with reports of the success of my mediation, except in
cases where I had been instructed by them to use my good offices;
but there were many proofs in the archives of the legation of the
active part I had taken when I considered that an act of cruelty or
tyranny justified my interference.
I observed to M. Löwy that, if the association desired the welfare of
their brethren in general, and not merely the continuance of an
abusive system of protection to some 1,500 persons, who were
enjoying protection contrary to right and law, they ought to raise
their voice against these abuses, and that, when all foreign
representatives respected the rights of the Sultan, as an
independent sovereign, to govern his own subjects, they would find
themselves in the same advantageous position I held vis-à-vis the Sultan and his government, that
we (the foreign representatives) should then be all enabled to act
in concert, and come forward as the representatives of civilization
and humanity, to use our good offices with this government on behalf
of oppressed Jews, or even to declare, in case our representations
were disregarded, that outrages or cruel acts of tyranny towards
that oppressed race would not be tolerated by the civilized
governments of the world.
The Moorish Government would then have no grounds, no excuse for
pointing to the irregular protection afforded Jews by the foreign
representatives, or of refusing to listen to their friendly
representations.
M. Löwy having alluded to certain disabilities and humiliations which
the Jews of
[Page 502]
Morocco have
to submit to, such as that of having to take off their shoes in the
Mahommedan quarter, I observed that the Jews of Morocco had been an
oppressed race during many centuries, and were treated as their
brethren had been treated in ancient times in England and other
parts of Europe; that a great change had been brought about by the
extension of commerce and the presence of foreign consuls at the
outports and residence generally of Europeans in Morocco, and also
by the occasional visits of Christian ministers to the Moorish
court.
That I remembered the time when Jews, even the native interpreters of
the representatives, had to take off their shoes on passing a mosque
at Tangier; that I had been the first to put a stop to this some
thirty-three years ago, and that now Jews rode where they pleased,
even before the mosques, and were generally in a better position
than the Mohammedan population, for I never heard of a case during
the last twenty years where a Jew had been imprisoned or punished by
a local authority at Tangier, except at the demand of a foreign
consul. They paid no taxes, and were not subject to forced labor by
the government.
That the position of the Jews at the Moorish ports had greatly
changed for the better, and it was very rare that any case of
injustice or cruelty towards them had been brought of late years
under my notice; but I admitted that similar important changes had
not taken place as regards the Jewish population at the cities of
Fez, Mequinez, and Morocco; that it was my opinion that we should
look rather to the gradual improvement of the country through
commerce to rectify this evil than to seek for reforms through the
representations of foreign governments or their agents, unless a
favorable opportunity presented itself when a foreign representative
visits the court to point out to the Sultan that he would gain the
good-will of the British and other foreign governments by proofs
that His Majesty took an active interest in the welfare of the
Jewish subjects by checking the arbitrary acts and injustice of his
officers.
I observed that the Sultan Mulai Hassan was a humane and just man,
but he would not have much power of control over his fanatical
subjects if he attempted to introduce measures which would place his
Jewish subjects on the same footing as the Mohammedans; that it
would be most unadvisable and even dangerous for the representatives
of the powerful governments of Europe to resort to pressure or
peremptory demands in such matters, for the Sultan might finally be
induced to give way, apprehending the consequences of turning a deaf
ear to the demands of foreign governments, and royal edicts might be
issued for the removal of certain disabilities or laws which affect
prejudicially his Jewish subjects, and a fanatical spirit might be
roused amongst the Mohammedans which at any moment might produce an
outbreak involving the safety of the lives and property of thousands
of innocent men, women, and children, and the Sultan would find
himself powerless to prevent the outrages which might be
committed.
I said that I should, therefore, deprecate the policy of too active
an interference in such matters, and rather trust, as I have said,
to the gradual march of civilization, brought about by commerce and
the presence of Europeans in this country.
