As I mentioned to you, however, in my cablegram No. 4, of the 23d instant,
the British and French ambassador, Sir Arthur Nicolson and Monsieur Revoil,
having evidently conferred previously, approached me together to say that
they hoped my instructions were not mandatory in this respect, as they
deemed it most undesirable to introduce any subject not strictly within the
programme, and they did not consider the Jewish disabilities could be raised
as a matter pertaining to the police question. Both nevertheless expressed
great anxiety that any wish of the President’s should be carried out and
suggested plans which I outlined to you, along with my answer to them, in my
dispatch of that date.
Another element has, however, been introduced into this question. Already in
my telegram of the 23d instant I stated that I was convinced that many of
the restrictions mentioned in the memorandum furnished by Mr. Schiff had
fallen into disuse, and that most of the remainder appeared to be de jure
rather than de facto. Since then my doubts on the subject have been further
confirmed.
There is now present at Algeciras an assembly of authorities on Morocco,
furnishing a unique opportunity for obtaining information respecting
conditions in that country. I have therefore caused extensive inquiries to
be made among these experts by Mr. Einstein, secretary to our delegation,
who previous to the conference had gone over to Tangier to investigate the
condition of the Moroccan Jews, and I have the honor to inclose herewith his
report on the subject, based upon these inquiries and investigations, which
disproves, I think, most of the alleged Jewish disabilities. Mr. Gummeré
fully concurs in these views.
A further element has prompted me to refrain from any precipitate action in
laying the subject of the Jews before the conference. This is the very
evident disinclination of Moroccan Hebrews in respect to any intervention
implying grievances in their behalf. Not only, according to their own
testimony, do they experience no present hardships at the hands of the
Moors, but for reasons dealt with in Mr. Einstein’s report they manifest
considerable reluctance to have the subject broached at all in any save the
very modified form which they themselves suggest. Anything in the nature of
a complaint they deem not only unjustified but prejudicial to their best
interests. They therefore request that our action may be confined to an
acknowledgment to the Sultan of the humanitarian and liberal policy he has
invariably pursued toward the Jews, with an expression of the hope that he
will direct his officers to continue in these traditions of tolerance. Such
a statement they regard as most serviceable, since it would prove to the
Moors that a great power interests itself in the welfare of the Jews. An
address to this effect, which I have the honor to inclose as showing what
their wishes are an this subject, has therefore been drawn up at my request
by Mr. A. Pimienta, a prominent and highly respected Israelite of
Tangier.
In view, therefore, of the inaccuracies in the list of restrictions furnished
by Mr. Schiff, and of the feeling of representative Moroccan Hebrews as to
the mode of our intervention, if any, in their behalf, I beg to request that
you will be so good as to inform me what course of action the President
would wish me to pursue.
[Inclosure 1.]
A report on the restrictions suffered by the Jeivs
in Morocco.
Those whose knowledge of Morocco springs only from the narratives of
former travelers have every reason to learn with surprise the recent
rapid amelioration in the general condition of the Jewish population.
Dating especially from the representations of Sir John Drummond Hay,
when English minister at Tangier, and the missions to Fez of Sir Moses
Montefiore, this improvement has continued in unbroken succession to the
present day. If the efforts of foreign representatives in Morocco,
diplomatic and consular, have thus succeeded in righting many of the
abuses which once oppressed the native Jews, great credit is likewise
due to the enlightened tolerance of the present Sultan, who in this
respect has wisely continued the policy inaugurated by his father. One
by one their former restrictions have been abolished or else have fallen
into abeyance. Hence it is that, almost unknown to the outside world, a
peaceful humanitarian reform has silently been accomplished, and the
Jews of Morocco are well-nigh emancipated from the oppression which
formerly burdened their lot.
[Page 1473]
It would none the less be unfair to judge the country by western
standards. Among the most fanatical of people with whom the Koran still
provides the only native law, conditions can not be interpreted as they
would appear among the civilized nations. In a country where a chronic
state of anarchy prevails local differences and exceptions can doubtless
be found. Nor is it always easy to state with precision the actual
situation in each circumstance. Certain general deductions can none the
less be drawn, and it may be useful to indicate the manner in which
these have been reached.
Apart from such personal investigations as it was possible to undertake
at Tangier itself, the list of Jewish restrictions in Morocco, forwarded
by Mr. Schiff to the Secretary of State, has been submitted
independently to Mr. Walter Harris, the correspondent of the London
Times, a resident for sixteen years in Morocco, and knowing the country
thoroughly; to Mr. H. Gaillard, French vice-consul at Fez, and regarded
as the greatest authority on Moroccan institutions; and to Mr. Pimienta,
a native of Tangier, who is at once member of its Hebrew junta and of
the committee of the Alliance Israélite Universelle. Mr. Pimienta in
particular has made a lifelong study of the Jews in Morocco, and no one
speaks on the subject with more authority. In each case the answers
given to the alleged restrictions suffered by the Jews were carefully
noted down and the opinions found to be in complete concordance. Further
corroborative testimony confirming these views was likewise obtained
from the following: Sir Arthur Nicolson, for many years British envoy to
Morocco; Mr. Gerard Lowther, the present English minister at Tangier;
Mr. Budgett Meakin, author of various books on Morocco; Mr. Leriche,
French vice-consul at Rabat, and technical expert at the Algeciras
Conference; and Signor Malmusi, Italian minister at Tangier.
In examining the alleged restrictions, the first mentioned refers to the
segregation of Jews in “ghettos” or “mellahs.”
A. Restrictions in Lodging and
Dress.
1. (All references are to the Jewish restrictions in Morocco. Memorandum
supplied by Mr. Schiff.)
This concentration, according to the testimony of native Jews, far from
being a hardship, is in reality welcomed by them. The Sultan, under
whose protection they have always lived, originally granted them these
quarters as a shield from mob violence, and Jews, not Moors, shut the
gates at night. It is unfortunately true that certain “mellahs,” notably
those at Fez and Mogador, are too small for their present population,
but even in these towns the fault lies not entirely with the Moor. At
the instance of the late British minister at Tangier, Sir Arthur
Nicolson, the present Sultan readily granted a new quarter at Mogador on
which the Jews might build; but a few Jewish landlords who owned the
entire “mellah “prevented their poorer coreligionists from moving. Under
actual conditions, nothing but preference forbids Hebrews living in the
Moorish quarters of most towns. At Tangier the “mellah “has long ceased
to exist, and in several other places, even at Fez, many of the richer
Jews no longer inhabit it. Elsewhere the “mellah” will doubtless
disappear in time with the Europeanization of the country. But its
forcible abolition now would be a measure most unwelcome to the
Jews.
2. In the sixteenth century the Mohammedan revival led to a series of
oppressive measures directed against the Jews, but the rigorous
enforcement of these has long fallen into desuetude. Jews are no longer
compelled to wear a special garb. Many now dress as Europeans,
especially at Tangier and the coast towns, and even at Fez. To this
Moors are indifferent. Jews would never think of wearing garments which
might cause them to be mistaken for Mohammedans.
3. No present obligation exists for their going barefooted; this was
formerly the case in a part of Fez regarded by the Moors as a sacred
city. Even there of late years they need no longer remove their shoes
before mosques. Such as go barefooted do so because of their poverty.
There was never any question of removing their headgear, which would be
regarded as a sign of disrespect.
4. There exists no obligation for them to go on foot, nor are they
forbidden to carry canes, nor restricted in their use of certain
streets, nor, in fact, are any of the vexations alluded to herein now
practiced; such indignities are to-day unknown.
5. Jews found outside the “mellah” after sunset are subjected to no
ill-treatment. Except in times of civil war they can readily return to
their quarters
[Page 1474]
until late at
night. The worst that can happen to them if their gates are shut is to
be obliged to sleep the night in the Moorish part of the town.
6. Jews traveling require no permission, nor are their wives and children
retained as hostages. Jews can, in fact, go freely, not only where
Europeans dare not penetrate, but in regions unsafe for Moors of tribes
other than the one among whom they travel. Quit money for permission to
leave the country is unknown. Many Moroccan Hebrews have emigrated to
Senegal and Brazil.
7. Jews are not allowed to build houses above a certain height only where
the same are contiguous to the houses of Mohammedans. Their object is to
prevent their overlooking harems; this is true as well of Moorish
houses, which must be of equal height. Within the “mellah” itself no
building restrictions exist.
8. Jews may drink at public fountains and draw water there. It can, in
fact, not be obtained elsewhere. They may not use the Moorish baths,
since these serve for religious ablutions. As a rule, permission to
erect baths in the “mellah” has been freely granted of late years. There
are certain exceptions in some of the smaller towns of the interior.
B. Restrictions in Trade and
Commerce.
- 1.
- In many cases Jews own real estate outside the “mellah.” The
maghzen, it is true, in cases where it anticipates trouble, forbids
the notaries registering transfers of property, but it is much more
likely to exercise this right in the case of Europeans than of Jews.
Instances have occurred where transfers of property to Jews have
been forbidden because Europeans were suspected to be the real
purchasers.
- 2.
- Jews own both stores and shops in the Moorish quarters. Nor are
they compelled to have their goods sold through Mohammedans. On the
contrary, the commerce of the country passes almost entirely through
their hands. Everywhere they are the bankers and brokers. The
Moorish official, moreover, is nearly always the silent partner of a
Jew whom he protects, while the Jew looks after the Moor’s moneyed
interests.
- 3.
- There is no foundation for saying that Jews are forced to buy
damaged goods which have been stored in government warehouses.
Instances have doubtless occurred of local governors abusing their
authority and squeezing the people by similar measures, but the
injustice suffered is equally applicable to the Moors.
- 4.
- Jewish provision dealers are not forced to furnish their goods
gratis to officials. This may have occurred as a voluntary
contribution in the nature of a bribe following the Moorish example,
but is never compulsory.
C. Tributes in Money and
Labor.
- 1.
- There is no foundation for stating that Jews with their wives and
daughters are forced to work for public officials, nor are Jewish
women compelled to labor.
- 2.
- Nor are they forced to perform tasks which the Moor thinks beneath
him. Sewers there are none; hence they need not be cleaned.
Executions are the rarest of occurrences. Only three have taken
place in twenty years in Morocco, and those executed were shot in
the back by soldiers.
- 3.
- It is true that Jews are called on to salt the heads of rebels.
The rabbi selects for this task certain poorer members of his
community who receive adequate compensation. But that Jews expose
themselves to great cruelty for refusing the work on the Sabbath
appear to be without foundation.
D. Legal Restrictions.
- 1.
- That a Jew may not testify in court is more oppressive in theory
than practice. Although by koranic law the Moorish cadi can accept
the oath of neither Jew nor Christian, their testimony is taken as
hearsay evidence and as such is generally regarded as of equal value
to that of a Mohammedan. As justice in our sense of the word is a
thing unknown in Morocco, as bribery counts alone in influencing the
judge’s decision, the real position of the Jew before the law is
little different from that of the Mussulman. Furthermore, the Jew
has need only in certain cases to appear before the Moorish courts
where the jurisdiction is confined to koranic law. Not only do the
Jewish rabbinical courts, whose authority is recognized by the
Moorish Government, cover in
[Page 1475]
great part a similar field, but penal cases,
etc., are brought before the pasha or kaid, who administers summary
justice, in which there is neither counsel, nor is testimony
taken.
- 2.
- In cases heard before a cadi a Jew is obliged to intrust his suit
to a Mohammedan lawyer as the natural consequences of the fact that
the only law administered is the canon law of the Koran.
- 3.
- That a Mohammedan should have it in his power to bring suit
against a Jew and have him convicted and sentenced by false
testimony is a danger more hypothetical than real. Since bribery
counts alone in the Moorish courts, the Jew has at least an equal
chance.
- 4.
- The fact that little or no punishment awaits the murderer of a Jew
in Morocco, and that even the blood money he is called upon to pay
is largely pocketed by the authorities, is an inevitable consequence
of the chronic anarchy and corruption prevailing in the land, which
the restoration of order can alone remedy. At the same time the Jew
is only worse off than the Mohammedan in that being richer he is
more exposed to attack. Such outrages, however, are of rarer
occurrence than might be supposed. One every four or five years has
been given as the average. (Statement by A. Pimienta.)
- 5.
- While religious desecration is punished by death, there is no
inducement for perpetrating it. Punishment by bastonnado has been
abolished, so far as the Jews are concerned, as the result of Sir
John Drummond Hay’s intervention. In this respect they are better
off than the Moors, who are still exposed to it. Jews can not be
said to be especially liable to capital punishment, since there has
been no execution of Israelites in Morocco since 1862.
- 6.
- Both Jews and Mohammedans pay the fees of their gaolers. But this
is scarcely a hardship as the amount collected is trifling.
- 7.
- Jewish prisoners are usually better treated than Moorish, as their
families look after them; even the poorer Jews are helped by their
solidarity. It is doubtful if 12 Jews could to-day be found in
Moorish prisons. (Statement by Mr. Harris.)
- 8.
- There is slight foundation for the statement that a Jew must
become a Mohammedan if a Moor should accuse him of having abjured
his faith. Conversions to Islam must be formally testified to before
a notary in the presence of witnesses, and only after a preparation
extending over a period of time. Moreover, instances have occurred
of Jewesses who on their marriage to Moors became Mohammedans, but
returned to Judaism after their husband’s death. It was, however,
thought wiser for them to change their place of residence.
E. Other Political and Social
Restrictions.
- 1.
- It may almost be said that no liberal professions exist in
Morocco. Notaries and lawyers must be Mohammedans, since they deal
with koranic law; but physicians are frequently Jews, and these are
even preferred by Moors.
- 2.
- There is no prohibition against Jews carrying arms, and in the
south of Morocco they do so not infrequently. That, as a general
rule, they refrain from bearing weapons is for their own safety. The
same is true of Europeans in Morocco.
- 3.
- The head tax paid by the Jews is in accordance with the law of the
Koran, which requires the same of non-Mohammedans living in a Moslem
country. Its payment is in lieu of other taxes as well as of
military service. It is therefore regarded by the Jews as a distinct
advantage. (Mr. A. Pimienta.) So true is that at Tangier, where,
owing to the disturbed condition of the country, taxes are no longer
collected, the Jews think it politic to pay this tax as a voluntary
offering. It is quite incorrect that they suffer humiliations in so
doing.
- 4.
- That Jews as a rule hold no political offices is not regarded by
them as a hardship.
A distinction arising from internal causes must, however, be made in
speaking of the Jews in Morocco. The country is divided between that
part which is under the direct control of the Sultan, including the
larger towns with the fertile plains of the south, and the mountainous
Atlas region, occupied by the warring Berber tribes, who refuse to
recognize the Shereefian authority. Among the latter, where Europeans
dare not penetrate, the condition of the Jews may vary locally from
tribe to tribe. These Jews, who are chiefly agriculturists, occupy a
feudal relation to the sheikhs under whose protection they live. An
insult to one of their number is regarded by the protecting sheikh as an
insult to his own dignity and as such must be revenged. Intertribal war
[Page 1476]
fare undertaken on their
behalf is far from uncommon, and the Jews themselves take part in all
the battles of their tribe. In summing up the present condition of the
Jews in Morocco, when examined from the point of view of their ancient
restrictions, it may seem unduly optimistic to state that they suffer
from no crying injustice. It is undoubtedly true, especially in the
interior of the country, that the conditions of many of their numbers,
with its inheritance of centuries of oppression, still remains degraded.
But no amount of legislation alone can remedy this evil. Laws occupy a
very subordinate place in Morocco. The ancient restrictions have been
removed not so much by decree as they have fallen into disuse. The Moors
have become less fanatical; the Jews more powerful. They live, moreover,
on excellent terms with their Moorish neighbors. They have freer access
to the Sultan than the Mohammedans. Their loyalty to his authority is
unquestioned. Far more than Christians do they enjoy the Moorish
confidence. Any violent movement, therefore, on their behalf, resting as
it would on no genuine grievance or complaints, might readily do the
Jewish community more injury than good. The tolerance of the Moor, which
springs largely from his contemptuous indifference to other faiths, has
allowed the Jews the greatest liberty in developing their institutions.
Their own ability has placed the commerce of the country largely in
their hands. Further than this a future awaits them. The fact that so
many are the descendants of exiles from Spain, who have always spoken
the Spanish tongue, had aided their Europeanization. In the coast towns
especially they have shown great readiness to accept modern ideas.
Already they form a link between Europe and the Moor, and in the further
opening of Morocco to the commerce of the world it is likely that the
Jews will be destined as intermediaries to play a more and more
important part. Realizing this, fully appreciative of their present
favorable situation, they thus prefer no friendly intervention on their
behalf. Not only do they dreaci the resentment of the Moors-at what
would be considered ingratitude for past favors, which might provoke
reprisals, but another reason as well restrains them. Numbers of Jews
are the protected subjects of European powers and as such receive the
same treatment as citizens of nations whose protection they enjoy. It
would appear, however, that this benefit has frequently been obtained in
an illegal way, contrary to the terms of the Madrid convention of 1880,
and any too close examination into the Jewish question in Morocco might
not unnaturally give rise to counter inquiries on the part of the Moors
as to the legitimacy of protection enjoyed by so many native Israelites
in reality subjects of the Sultan.
Moroccan Jews stand thus to-day in no need of especial solicitude. When
once security has been established in the country, when roads have been
built and policed, they will be the first to profit from the
establishment of law and order in the new era which will then have
opened for Morocco. Their present desire is only for an expression of
interest in their welfare as an acknowledgment on the part of a great
power that the enlightened policy of toleration pursued by the Sultan
has met with its full approval.
Lewis Einstein.
Headquarters of the American delegation,
Algeciras conference, 30th January,
1906.
