Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1880

No. 505.
Mr. Mathews to Mr. Evarts.

Consulate of the United States of America,
Tangier, February 28, 1880. (Received April 6.)

No. 353.]

Sir: I have the honor to transmit herewith for your consideration copies and translations of the circulars issued by the Moorish minister of foreign affairs to the foreign representatives residing at Tangier (inclosure No. 1), and my answer to the same (inclosure No. 2), relative to Moorish subjects naturalized in foreign countries who may return to Morocco becoming again amenable to Moorish jurisdiction.

The naturalized Moorish subjects who have embraced foreign nationalities, affected by the circular in question, are mostly French, Portuguese, Brazilians, and Italians. The Moorish subjects naturalized in the United States are few, and, with two exceptions, all Israelites, of temporary residence in Morocco, most of them visiting this country for commercial transactions carried on between Morocco and the United States.

The proximity of Spain and the British colony of Gibraltar to Morocco induced those governments many years since to place obstructions in the way of the naturalization of Moorish subjects; otherwise, almost the whole population of Morocco able to cross the straits would have long ago become Spanish and British subjects. * * *

The French minister plenipotentiary and the chargés d’affaires of Portugal, of Brazil, and of Italy have protested and formally acquainted the Moorish Government, in the name of their respective governments, that they will not admit the request contained in the circular, holding the Moorish Government responsible for any arbitrary measures or acts the Morocco officials may adopt towards any Moorish-born subject holding any proofs of being a naturalized citizen of their respective countries. In view of which, and that the statutes of the United States make it the duty of all United States officers to afford to naturalized citizens of the United States the same protection of persons or property which is accorded to native-born citizens, and not finding in our treaties with Morocco anything to the contrary, I have based my reply to the circular in question on Articles 5 and 15 of the Spanish treaty with Morocco of the 20th November, 1861, and Articles XIV, XX, and XXIV of our treaty of 1836, and which is in conformity with the instructions contained in the third paragraph of your dispatch No. 119, of the 7th December, 1877.

The barbarous manner in which everything is unfortunately conducted in Morocco towards the inoffensive Jews and other subjects of Morocco renders the matter a most serious one for the consideration of those governments who profess liberty and humane feelings towards their fellow beings.

It would be absurd to compare Morocco with Turkey, notwithstanding that the Ottoman Government still lacks many reforms and much morality to place it within the circle with Germany and other civilized nations as regards the liabilities of naturalized citizens returning to their native countries.

There are numerous reasons and motives to make Morocco an exception to all other nations. The Moorish governors obtain their appointment from the Sultan by paying large sums of money, followed by annual contributions and presents, all arbitrarily exacted from their subjects. As there is no system of taxation in Morocco, they all must pay tithes and any sum of money imposed on them by their officials. They are subject to the caprice of * * * governors whose conduct is regulated by no law.

The source of all Mohammedan law is the Koran. It is therefore hopeless to expect reforms so long as the law is administered by “true believers,” before whom the evidence of non-Mohammedans is not admitted, whilst a fictitious document subscribed to by two Mohammedan notaries is binding upon a third party, who, perhaps, may be entirely ignorant of its contents, his signature not being necessary, and the evidence of two Mohammedans is quite sufficient to compel a party to the payment of an imaginary debt. Therefore, in a country with such extraordinary laws and where all manner of violence and oppression is continually practised by its rulers, it is nothing but humane that the same protection should be extended to those natives of Morocco who have become American citizens, as the protection extended by the foreign representatives to subjects of Morocco under their employ or acting as agents holding interests of foreign merchants in their hands, which is in conformity with the tenor and articles of various treaties and conventions between European nations and Morocco.

I now beg to quote the articles of the Spanish treaty referred to in my answer to the circular of the Moorish minister:

• Article 5. Spanish subjects shall not be obliged to pay, under any pretext whatsoever, any impositions or taxes; they shall be exempt from all military service, Whether by land or sea, from personal charges, forced loans, and every extraordinary contribution; their dwellings, warehouses, and all appertaining to them shall be respected, &c., &c.
• Article 15. Spanish subjects, or protégés, whether Christians, Mohammedans, or Jews, shall alike enjoy all the rights and privileges granted by the present treaty, or which shall at any time be granted to the most favored nations.

It is manifest that if even a person holding interest of a citizen of the United States having a right to his protection is not liable to Moorish jurisdiction as stipulated in Article XX of our treaty with Morocco of 1836, much more is entitled to protection a regular naturalized citizen under the protection of the United States Government as demanded on his passport. The Spanish treaty makes no distinction between citizens and protégés, be they Christians, Mohammedans, or Jews.

Trusting that my course in this matter, based as it is on treaties and custom, on behalf of American citizens and their interests, may meet with your approval,

I have, &c.,

FELIX A. MATHEWS.

[Inclosure 1 in No. 353.—Translation.]

Translation of a circular note addressed by the Moorish minister of foreign affairs to the foreign representatives, dated 26 Saffar, 1297 (18 February, 1880).

Praise be to the only God!

To our prudent friend, the respectable and wise gentleman, Mr. Felix A. Mathews, representative of the American nation, &c.:

You are aware that we have already manifested to you and all the other foreign representatives verbally, with regard to the prejudice which our nation suffers by the naturalization of our subjects who consider themselves out of our jurisdiction and exempt from contributions to our government, and we have received letters from His Shereefian Majesty that this is against the laws of this happy empire. All this people who leave this country and return, are under the laws of this country, and now, since this prejudice still exists and these people are still protected, we are ordained by His Shereefian Majesty to renew our demand wherein he has his rights; and the following are the text and words of His Majesty’s letter:

“Confirming our former letter, relative to the naturalization to be communicated to the foreign representatives at Tangier, that the laws of our happy empire do not permit that our subjects, either Moors or Jews, should change their nationality for another, and that notwithstanding this that prejudice still exists: Now, we are going to write to our governors not to recognize all this, as the rule of our country is not to recognize either passports or certificates of naturalization, and we ordain you to renew this matter before the foreign representatives before we address ourselves to our governors, and explain to them that our desire is to be in good relations with all the nations, still we cannot admit a thing which is against our regulations and to the prejudice and detriment of our rights.”

We beg you to bring this to the knowledge of the powers that you represent, of whose friendship we are sure, so that they may not permit a detriment to our laws; and you are aware that the subjects of Turkey are not allowed the right of withdrawing themselves from the jurisdiction and laws of their country.

Peace and friendship.

The servant of the throne elevated by God,

MOHAMED BARGASH.

Tangier, 26 Saffar, 1297 (18 February, 1880).

[Inclosure 2 in No. 353.—Translation.]

Translation of Mr. Mathews’s reply to the note addressed to the foreign representatives by the Moorish minister of foreign affairs.

To my prudent friend, the wise and literary minister of foreign affairs of His Shereefian Majesty Sid Mohamed Bargash, &c.:

I have the honor to acknowledge the receipt of your circular to the foreign representatives, dated the 26th Saffar, relative to the Sultan’s objection to the naturalization of his subjects, and that he will order his governors not to recognize their change of nationality, being contrary to the laws of this empire and of prejudice to his contributions. You also were pleased to quote the text of His Majesty’s letter requesting you to reiterate his wishes previous to notifying his governors on the subject. You also mention that the subjects of Turkey are not allowed to withdraw from the jurisdiction of their government, &c.

I shall transmit your circular to the government I have the honor to represent, and in due time will inform you of its reply.

In the mean time permit me to observe that, as you are aware, a treaty exists between the Government of the United States of America and that of Morocco, written at Meccanez, the City of Olives, on the 3d day of the month Jumad el Lahhar 1252, corresponding with our September 16, 1836, and I beg to call your attention to Articles XIV, XX, and XXIV of said treaty; also to articles 5 and 15 of the Spanish treaty with Morocco, of the 17 Chained a the first, 1278.

As I am not aware that a treaty can be altered by the issue of a circular, I shall adhere to its articles as regards the rights of American citizens, and therefore consider it my duty to hold His Shereefian Majesty’s Government responsible for all the injuries and losses that may accrue towards native-born or naturalized citizens of the United States residing in the Empire of Morocco by acting in conformity with the circular in question.

I may add that I am not aware of any citizen of the United States having refused to accept the laws of the land or having infringed any of the articles of the treaty.

With regard to your remark on the subject of Turkey, permit me to state in consideration of our personal good friendship that in Turkey exists a parliament where the voice of its subjects is heard, and justice is administered by a mixed tribunal, where the testimony of Mohammedans, Christians, and Hebrews is held alike; Morocco has no parliament, and you once officially informed me that the Moorish tribunals of justice admitted of no other testimony but that of those only professing the Mohammedan religion. If justice were administered in Morocco as it is in Turkey, I am confident that no subject of Morocco would seek or accept foreign protection or jurisdiction.

With my best wishes for the welfare and prosperity of His Shereefian Majesty and his empire,

I have, &c.,

FELIX A. MATHEWS.

Tangier, the 28th February, 1880.