File No. 882.00/612
The Minister for Foreign Affairs has replied to the communication I
addressed him in compliance with your instruction. I beg to enclose
herewith, in copy and translation, Mr. Briand’s letter, from which it
will be seen that he states that the order of the resident general is
made entirely as a military order necessitated by a state of siege in
that territory, and is not intended as a permanent change of judiciary
régime. The letter further says that the residents of Morocco have
benefited by this order of General Lyautey and that due to the placing
of certain cases under the competence of the military authorities, the
good order of Morocco has been maintained.
[Inclosure—Translation]
The Minister of Foreign
Affairs to Ambassador Sharp
Ministry for Foreign Affairs,
Paris,
February 4, 1916.
Mr. Ambassador: On the 22d ultimo,
referring to a letter written by the Consul of France at Mogador to
the American consular agent at that city under date of September 5,
your excellency was pleased to protest against an order issued by
the resident general, commander-in-chief in Morocco, placing under
the sole jurisdiction of the military authority, and for the
duration of the state of siege, the repression of any infractions to
the provisions of the Dahir of Ramadam 26, 1333, concerning military
requisitions.
I have the honor to inform your excellency that in issuing the order
in question, General Lyautey has not exceeded the rights which have,
at all times and in all places, been conferred upon commanders of
armies in the field for the purpose of ensuring the safety of their
troops. The said order in fact, refers specifically to the order of
the commander-in-chief of the troops occupying Morocco, dated August
1914, instituting martial law and proclaiming the state of siege
over the whole extent of the French zone in the Shereefian Empire.
The publication of the said martial law, which by reason of the war
conditions was as imperative in Morocco as in any other French
territory or possession, was duly communicated to the consular
representatives of the foreign Powers at Casablanca, among whom was
the British Consul charged with American consular interests. Neither
at that time nor later, did this action give rise to any protest on
the part of the allied or neutral Governments, nor was any protest
made at any subsequent applications of the law.
[Page 802]
The consequences of the state of siege instituted by the said martial
law result, it is true, in divesting in favor of the military
jurisdiction of the occupying army, all civil courts—either French
or consular belonging to the Powers which still hold judicial
privileges in the French zone in Morocco—of the jurisdiction of
certain crimes or attempts against the safety of the French troops,
or of actions prejudicial to public order or safety, which it is the
duty of the resident general, commander-in-chief, to assure in the
very interest of the foreign colonies. But such a measure which is
of a military character and quite exceptional and temporary, like
the circumstances which require and justify it, does not affect in
any way the fundamental principle of the privileges of jurisdiction
still claimed by the Federal Government in the Shereefian Empire; it
merely suspends its action pending the duration of the state of
siege and in certain cases. Among such cases, the resident general,
commander-in-chief, has deemed it necessary to include the
application of the dahir regulating in a very liberal manner,
moreover, all requisitions purporting to ensure the victualling and
operations of the army in occupation, the presence and activity of
which have allowed Morocco to enjoy since the beginning of the war a
tranquillity from which American citizens have benefited to the same
extent as the subjects of other Powers.
I feel convinced that the forgoing explanation will enable your
excellency to reassure fully the Federal Government as to the
reasons and the import of the action taken by General Lyautey, which
formed the subject of your communication of January 22 last.
With assurances [etc.]
