File No. 2151/147–419.
Minister Gummeré to
the Secretary of State.
American Legation
Tangier, May 16,
1908.
Sir: I have the honor to confirm my telegram to
the department of this date, as follows:
Sultan’s letter naming May 31 for the meeting of the claims
commission at Casablanca has been received. Translation
forwarded by mail.
In explanation of the above telegram, I have the honor to report that
some days ago the dean of the diplomatic corps received a letter from
the Grand Vizier Abdelkrim Ben Sliman, inclosing a letter or decree of
His Majesty the Sultan as to the commission of claims for the
examination and payment of claims of the various nationalities arising
out of the Casablanca incident, the said letter arranging for the
constitution of the said commission and naming the 31st day of May next
for its first meeting at Casablanca. In his said letter the grand vizier
requests the dean to communicate the same to the foreign representatives
at Tangier. This was accordingly done, the dean addressing a circular to
the corps, inclosing the letter of the grand vizier and the decree of
the Sultan, with translations in French of the same. This circular
letter of the dean has, however, been so delayed in transit by some of
my colleagues that I have not as yet received it, but as I knew the
matter was of importance, time being short and distances, great, I
requested the British minister to permit me to use the copies he had
made of the said letters, and through his courtesy am enabled to inclose
herewith, for the department’s information, copies of the translations
of the aforesaid letters of the grand vizier and His Majesty the Sultan,
as circulated by the dean of the diplomatic corps.
I will be obliged if the department will instruct this legation as to the
standing of the claims of American citizens for damages arising from the
Casablanca incident, which have already been submitted to the
department, and as to the procedure to be followed in the presentation
of the same, in case they be approved, there being no precedent for the
formal presentation of claims to a court of claims at this legation.
[Page 635]
As set forth in the copy of the memorandum to the French ambassador, in
reply to one from him concerning the proposals made by France and Spain
with respect to the indemnities on acount of the Casablanca incident,
inclosed in instruction No. 117, of October 25, 1907, the department
will find that the commission of claims, as constituted by the Sultan,
is to consist of three Moorish members and one each designated by the
French, British, German, Spanish, Portuguese, and Italian Governments,
and that other Governments may appoint a representative to sit upon the
said commission when the claims of their own nationals are to be
decided.
In the memorandum sent by the department to the French and Italian
Embassies and the Spanish Legation, at Washington, a copy of which is
inclosed in instruction No. 120, of December 3, 1907, the department
approves of the said indemnity commission and states that the “American
representative at Tangier” will be instructed to sit upon the commission
when American claims are presented, and in said instruction No. 120.,
Mr. Philip, chargé d’affaires, was instructed to participate in the
meetings of the commission when American claims are under
discussion.
I would therefore respectfully request that the nomination of Mr. Philip,
as a member of the claims commission when American claims are presented,
be confirmed, and would point out that in no case will the minister of
any of the countries represented in Morocco be named to sit upon the
said commission, but that the various Governments will either be
represented by special appointees sent from their respective countries,
or by secretaries of the various legations at Tangier.
Awaiting further instructions in the matter,
I am, etc.,
[Inclosure 1.—Translation.]
Praise to God alone. Compliments.
The Shereefian Government afterwards reached an understanding with
the ambassadors of France and Spain, at the time of their visit near
his shereefian majesty at Rabat, for the appointment of an
international commission to meet at Casablanca for the purpose of
examining the claims to be submitted to it on the part of the
subjects of the Makhzen and of the foreign subjects with regard to
injuries sustained by their real and personal property in
consequence of the uprising which occurred there, and of examining
what ought to be accepted and what rejected, of settling the claims
which were admitted, and of indicating the amount of indemnity to
which the accepted claimants would be entitled. In order that the
said commission may have full powers to settle all these claims and
in order that its decisions may be final by virtue of the shereefian
decree which you receive inclosed herewith and which indicates how
the said commission shall be organized and operate, our sovereign,
whom God strengthen, has authorized me to write the foregoing and to
send the shereefian decree to you so that you may communicate it to
their excellencies the representatives of the respective powers and
to solicit their cooperation in establishing the said commission
under the conditions provided by the shereefian decree. His majesty
likewise requests you not to appoint on this commission any of the
consuls serving at Casablanca. His majesty also hopes that the
interested powers will appoint a subcommission composed of their
citizens and subjects for the purpose of attending to the
preparatory work and thus facilitating the labors of the members of
the principal commission. These subcommissions will receive the
greatest consideration.
Compliments.
Abdelkrim Ben Sliman.
23 Rabih 1. 1326
(April 25,
1908).
[Page 636]
[Inclosure 2.—Translation.]
Praise to God alone.
(Seal reading: Abdelasis Ben El Hassan, God his Master and his
strength.)
By these presents may God elevate and assist him, and cause his
bright sun and full moon to ascend to the heaven of happiness. Let
it be known that by the help and power of God, by His grace and
favor, we have authorized the establishment of an international
commission exclusively competent to receive and examine the claims
of native and foreign subjects on account of injury caused their
real and personal property by acts of insurrection committed at
Casablanca since July 30, 1907, and by acts of repression which
followed. This commission shall meet on May 31 at Casablanca. It
shall be composed as follows: Three members designated by the
Shereefian Government, which shall appoint from among them the
president; one member designated by each of the Governments of
Germany, Spain, France, Great Britain, Italy, and Portugal; that is,
nine members in all.
If the case arises, any other country may appoint an officer of its
legation to take part in the examination and settlement of claims of
its citizens. The commission shall have full power to proceed to the
examinations of claims presented to it. It shall decide supremely on
each of them, either by rejecting them or by accepting them and
fixing an indemnity. However, only direct injuries shall give a
right to indemnity. All its decisions shall be reached by a majority
of the votes, the president having the casting voice in case of a
tie. It shall constitute a quorum even in the absence of one or more
delegates. However, if a case should be up for examination when the
delegate of the nation to which the claimant belonged is absent,
this delegate shall be notified, but his absence shall not delay the
examination of the case more than one week. The commission may
designate one or more vice presidents as well as one or more
secretaries, one of whom at least shall be a native, and it may take
for consultation purposes such interpreters, experts, and other
persons generally as may seem useful to it. The necessary funds
shall be placed at its disposal at the Government bank, to its
order, by the Moroccan Government. Provision will subsequently be
made for setting the date and devising the means of paying the
indemnities granted by the commission.
Greeting: Our shereefian order is
given the 25
Rabih 1, 1326 (April 27, 1908).
