File No. 881.00/626
Chargé Blake to the Secretary of State
Tangier, August 8, 1916, 11 a.m.
Your telegram August 3, seven p.m. Text of declaration apparently identical with that accepted by most of the Governments which have renounced the capitulations in the French zone of Morocco. It is assumed that this particular declaration concerns solely the abrogation of judicial privileges. The recognition of the French protectorate and the abrogation of the capitulations are separate but consecutive acts, and if performed in this sequence, Moorish Government would not become a party to the treaty surrendering our capitulatory rights. I venture to suggest it should be provided that the suppression of the capitulations will not be retroactive in operation, and if our Government does not insist upon the settlement of all [Page 807] outstanding reclamations against the old Moorish régime, as a corollary to recognition of the French protectorate and suppression of the capitulations then it should be agreed that the French tribunals should not be competent to pass on any matters, which are present subjects of controversy between our Government and either the old Moorish régime or the French authorities. Such cases could be resolved by common agreement or by arbitration. This reservation as well as all other guaranties, economic or otherwise, which you deem it useful to impose ought to be confirmed by separate communications. The Legation would find it helpful if you would kindly communicate by telegraph a summary of the conditions referred to in your telegram of July 5, five p.m.