File No. 2151/170–A.
The Acting Secretary of State to Minister Gummeré.
Washington, July 2, 1908.
(Mr. Bacon authorizes Mr. Gummeré to sit as United States representative upon the mixed claims commission at Casa Blanca, and instructs him to designate some competent person to act as representative in case it is impossible or undesirable for him to act in that capacity. Says the American representatives should sit with the commission whenever American claims are being considered, and should have a voice and vote in the adjustment of such claims and in the awarding of damages; if, however, this should be denied Mr. Gummeré is instructed to inform the Moroccan Government that the United States can not undertake in advance to accept as binding an award upon any claim in the adjustment of which it has not had a voice and vote. Mr. Bacon says the phrase “direct injuries” in Sultan’s note of April 27 should be interpreted to include damages for the loss of documents evidencing a debt, when, under Moorish law, such documents are necessary for collection of debt, and that, concerning damages for losses suffered from interruption of business, [Page 637] the United States expects most-favored-nation treatment. Mr. Bacon states that the fact that a subcommission has not made a preliminary examination of American claims must not be permitted to interfere with or prejudice their presentation to and adjudication by the mixed commission and that claims of persons holding American certificates of protection obtained and used in good faith should be given most-favored-nation treatment, which same treatment should be accorded the claims of persons coming within the provisions of article 15 of the convention of Madrid of 1880. Mr. Furniss is informed that the agent should present to the commission the claims of those persons only who present sufficient prima facie credible evidence of their American citizenship, and then only with the understanding that this Government will later withdraw the claim of or cancel the award to any of such persons who ultimately fail to establish a bona fide American citizenship. Meanwhile, in accordance with the instructions already given, Mr. Furniss is directed to hasten a comprehensive and thorough investigation by the consul general of the real status of all persons alleging American citizenship with reference to the provisions of the naturalization act of June 29, 1906, and the citizenship act of March 2, 1907, as well as departmental orders issued thereunder.)