Papers relating to the foreign relations of the United States, 1929, Volume III

452.11/230

The Ambassador in Spain (Hammond) to the Secretary of State

San Sebastian, August 20, 1929.
[Received September 4.]

No. 1338

Sir: With reference to my telegram No. 51 of August 14, 10 a.m.,³³ I have the honor to transmit herewith the text, with translation, of the note dated August 9, 1929, which I received from the General Secretariat of Foreign Affairs relative to the settlement of our claims in the Spanish Zone of Morocco. Copy of the note has been sent to Tangier.

I have [etc.]

Ogden H. Hammond

[Enclosure—Translation]

The Spanish Vice Secretary General for Foreign Affairs (Pla) to the American Ambassador (Hammond)

Madrid, August 9, 1929.

R. G. 48
No. 151

Excellency: The Government of His Majesty, desiring to find a friendly and satisfactory solution that would definitely settle all the pending North American claims in its Protectorate Zone, has proceeded in the most conciliatory spirit to the study of the same, and in consequence has reached the following classification:

1st. The following claims are accepted as just and indisputable:

a) For payment of taxes:
					Ptas.
Only	claim,	S. & J. Cohen			4,140.00
Third	”	Rahamin	[Rahamim?]	Muyal	17,035.50
Fourth	”	”	”	”	5,992.75
Only	”	J. Bentolila			6,384.30
b) For gate taxes:
Second claim, Rahamin Muyal					4,738.00
c)
Only claim, David Bergel, for detention of automobile					50,255.75
First claim of Raisinu,34 for sequestration of $6,500, which equals at exchange rate of 7					45,500.00
	Total				134,046.30

2nd. Claims which must be absolutely disallowed, as the Protectorate is in no way responsible for the acts upon which they are based, are the following:

Only	claims,	Singer Co., for events of 1921	6,412.50
”	”	Dris el Quettani,35 for the farm Lala-Sfia	400,000.00
First claim, Rahamin Muyal against Railway			10,000.00
Eleventh claim, Tahami Selaui,36 for closing Fondak			2,000.00
	Total		418,412.50	Ptas.

Second claim, Raisuni, for fear to cultivate his farm because of possible vengeance of his deceases cousin, Caid de Yebala			33,333.35	Ptas.
(These last two claims are essentially waived by the North American Representative in Tangier)
			451,745.85	Ptas.

On a basis of reciprocity it would seem natural that the payment of the claims deemed just should be subordinate to the waiving by the North American Government of those others that are not, which are precisely those that figure in this category.

3rd. Out of special consideration for the North American Government, and in spite of the fact that the responsibility of the Protectorate is not clearly defined in all cases and that in many of them, even when such responsibility is actually established, the amounts claimed as indemnities are greatly exaggerated, the Government of His Majesty will agree—purely as a matter of grace and not insisting upon the elucidation of the facts and new expert examinations—to pay at the moment of the relinquishment by the North American Government of the régime of capitulations (payment to be made them in Tangier or Washington at the choice of the United States Government) and on the day of the signature of the agreement in which the said relinquishment is made, the following claims:

a) For thefts:
Third, fourth and fifth claims, Tahami Selaui, for cattle stolen							11,222.00	Ptas.
Seventh claim,		Tahami	Selaui,	for	stolen	mare	555.55	“
Eighth	claim,	“	“	“	“	horse	277.75	“
Ninth	“	“	“	“	“	“	mule	555.55	“
Second	“	Mohamed Oknin					4,188.25	“
b) For damages to farms:
Second	claim,	Tahami	Selaui	(El Minza)			23,083.35	“
Tenth	“	“	“	(Tarik Br[Er?]–Rad)			2,777.75	“
Third	“	Raisuni					12,000.00	“
(For claim that precedes the accepted increase accorded by the High Commissioner)
First claim, Mohamed Oknin							8,333.35	“
	Total						62,993.55	Ptas.

In this relinquishment of the said régime of capitulations, the Government of His Majesty would prefer, and believes that it will not inconvenience the North American Government, that instead of making a declaration comprising all the Shereefian Empire one should be made for each one of the Protectorate Zones.

4th. On the relinquishment of the régime of capitulations, the Government of His Majesty, giving new proof of the integrity and generosity by which it is inspired for the definite liquidation of the pending North American claims, would look for a means of taking into consideration the first claim of Rahamin Muyal amounting to 10,000 pesetas.

In view of the generosity and disinterestedness which His Majesty’s Government has been proud to show in the foregoing classification, it confidently hopes that the Washington Cabinet will not delay the de Jure recognition of our Protectorate and that it will not retard, thereafter, the renunciation of its consular rights, following in this respect the precedent established by other countries, including Holland.

I avail myself [etc.]

Antonio Pla

33. Not printed.
34. Hassan Raisuli.
35. Driss El-Kittany.
36. Thamy Slawee.