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[Enclosure—Translation]
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.]
