Papers Relating to the Foreign Relations of the United States, With the Address of the President to Congress December 7, 1915

File No. 881.00/608.

Chargé Blake to the Secretary of State.

No. 506.]

American Legation,
Tangier, December 8, 1915.

Sir: I have the honor to inform the Department that recently the French Consul at Mogador addressed to the American Consular Agent at that city a communication to the effect that the French Resident General, Commander-in-chief of the land and sea forces of France in Morocco, had decided that pending the duration of a state of siege which had been declared all infractions of the provisions of a Sultanic “dahir” of Ramadan 26,1333 (August 10, 1915) concerning military requisitions, should be of the competency of the military courts, and that any infraction of the said dahir, even if the infractor should be a “resortissant” of a Power still retaining in the French Zone the privileges of the Capitulations, would be prosecuted by and before the French military authorities.

Copy of the communication above referred to was transmitted to me by the American Consular Agent at Mogador, but this is the only intimation received by the Legation of this disposition of the Residency General, which is in principle an infringement of our extraterritorial rights.

Copy and translation of the letter in question are herewith transmitted for the Department’s information.

I have [etc.]

Maxwell Blake.

[Inclosure—Translation.]

The French Consul at Mogador to the American Consular Agent at Mogador.

French Consulate,
Mogador, September 5, 1915.

Sir and Dear Colleague: I have the honor to inform you that by order dated August 18 last the Resident General, Commander-in-chief, decides that pending duration of the state of siege all infractions of the provisions of the Dahir of Ramadan 26, 1333 (August 10, 1915) concerning military requisitions should be of the competence of the military jurisdiction.

The civil jurisdictions, including the consular courts of Powers still retaining in the French Zone the privileges of the Capitulations, are in consequence deprived of the power to apply from a penal point of view the aforementioned dahir, and any infraction of this dahir, even if the infractor should be a resortissant of a Power which has not renounced the Capitulations, will be prosecuted by and before the military authorities.

While bringing these dispositions to your knowledge,

I beg that you accept [etc.]

J. Lebé.