File No. 2151/74.

The Secretary of State to the Spanish Chargé.

No. 55.]

Sir: I have the honor to acknowledge the receipt of your note of the 21st instant, by which you inform me of the advice received by you by telegraph from your Government that a copy of the circular relative to the indemnities on account of the Casablanca incidents intended for this Government was mailed from Madrid on the 16th instant.

You state that you will lose no time in handing the document to me as soon as it reaches you, and you add that it is substantially the same as the circular of the Paris cabinet on the same subject, a summary of which was delivered to the Acting Secretary of State by the French ambassador.

The memorandum which his excellency the French ambassador was so good as to leave at this department reads as follows:

The Sultan of Morocco would appoint a commission which would be composed of three Moorish members and members designated by the French, British, German, Spanish, Portuguese, and Italian Governments whose nationals have most suffered at Casablanca. Countries not represented might attach to the commission a member of their legation at Tangier who would take part in the settlement of the claims of persons subject to their jurisdiction. The commission would appraise the direct damages caused by pillage and arson. Murders will be made the subject of diplomatic negotiations. Relief would be extended to the natives.

The commission would sit in equity without any special judicial procedure.

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The question of the mode of payment of the indemnities will be examined thereafter. The Moorish Government, being responsible for the damage sustained, will bear the charge of the indemnities.

As soon as advised by the powers that they approve these principles France and Spain will jointly submit propositions in that sense to the Sultan.

In reply to this memorandum, the Department of State has taken pleasure in informing the French ambassador that the proposal for an indemnity commission meets the approval of the Government of the United States.

Accept, etc.,

Elihu Root.