The Diplomatic Agent and Consul General at Tangier ( Denning ) to the Secretary of State

No. 180

Sir: I have the honor to transmit herewith (Enclosure No. 1), a copy with its translation of a communication received at this Agency from the French Residency-General in reply to two letters to [from] this Mission dated July 10th, and September 14th, concerning the list of American Protégés and their status in the French Zone.

. . . . . . . . . . . . . .

I have [etc.]

J. M. Denning

The Delegate of the French Residency General ( Blanc ) to the American Chargé ( Rand )

Sir: In your letters of July 10th and September 14th, 1923, you have been kind enough to communicate to me your observations concerning the decisions taken by the Maghzen with regard to the list of American protégés.

The first of these observations is connected with the decision, taken by the Maghzen, not to recognize protection, granted to natives who were, at the outbreak of war, on the Austro-German lists of protégés.

I have the honor to inform you that the Maghzen, for the reasons which I have explained in my former communications to your Diplomatic Agency on the subject, cannot but maintain its decision in the premises.

Besides I am glad to observe that the American list of protégés raises no difficulty on this subject, as it contains no name of ex-Austro-German protégés.

On the other hand you have been kind enough to inform me that it was not possible for you to take into consideration the reserves formulated by the Maghzen concerning the granting of American protection to certain natives who are in litigation with the Administration of Haboos and Domain properties, or against whom judgments, as a result of private litigation, were pronounced, but not as yet complied with on their part.

The Maghzen having noted your decision as to the withdrawal from your list for 1923, the names of Mimon Cazes, David Cabessa, [Page 604] Charles Bendayan, Mohamed Ben Larbi Ben Said, and having, on the other hand, given its assent to the protection of Si Abdeslam Tazzi of Fez, there only remains under question the protection of Mulay Hassan Sarsar, Sween Bendaga, Mohamed Guenon and Abdelaziz El-Yacoubi.

With respect to these natives, I regret to reiterate the point of view already expressed by this Residency-General: “the contracts existing between them, on the one hand, with the Administration of Haboos and Domains, other Shereefian Administrations, or with private persons,” were made at a time when they were Moorish subjects under common law. When these contracts were concluded it was with the certainty that execution would eventually be prosecuted against these natives in the local tribunals. Under these circumstances the Maghzen cannot admit that these natives shall pass under foreign protection until they have regulated their cases with the interested administration, or liquidated their obligations to private persons to whom they are indebted.

It is for this reason that I find myself obliged to repeat afresh the conditions prescribed by the Maghzen for the recognition of American protection to these natives, who until further notification must be considered Moorish subjects, subject to the common law.

Please accept [etc.]

Urbain Blanc