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

No. 2

Sir: The Department has received Mr. Blake’s despatch no. 1551 of July 30, 1940 concerning cases involving a possible conflict between military and extraterritorial jurisdiction in Morocco.

You should address a note substantially as follows to your Spanish colleague in reply to his communication to Mr. Blake on July 8, 1940,53 a copy of which was enclosed with the above-mentioned despatch: [Page 815]

My predecessor did not fail to communicate to the Department of State at Washington a copy of your communication of July 8, 1940 enclosing a copy of an order purporting to indicate certain offenses which have been subjected to the military jurisdiction in the Tangier Zone.

I am now directed by my Government to inform you that, in view of the extraterritorial jurisdiction exercised by the United States of America, in Morocco, my Government cannot admit the validity of the assumption by the Spanish military forces of any jurisdiction over American nationals and American-protected persons in the Tangier Zone.

In forwarding to the Department a copy of the communication on the above subject which you have been directed to make to your Spanish colleague, you should submit at the same time your comments on Mr. Goold’s telegram no. 67 of July 10, 1940, to the Department. The Department has noted that Mr. Blake inadvertently omitted from his despatch under reference the comments on that telegram which were requested in the Department’s telegram no. 32 of July 25, 1940 to him.

Very truly yours,

For the Secretary of State:
A. A. Berle, Jr.
  1. See despatch No. 1547, July 12, from the Diplomatic Agent and Consul General at Tangier, p. 805.