781.003/302
The Chargé at Tangier (Childs) to the Secretary of State
[Received July 12.]
Sir: I have the honor to report to the Department that as a result of energetic action by the Legation the extraterritorial position of American citizens in Tangier appears to have obtained fuller recognition by the Spanish authorities administering the city than they were disposed previously to accord.
The Department will recall that in the case of Mr. Winthrop Buckingham, an American citizen who on two occasions was arrested and detained (see the Legation’s despatches Nos. 37 and 44 of September 24 and October 3, 1940 respectively12), the Spanish authorities proceeded in a manner which gave indication that they did not entirely comprehend our extraterritorial treaty position with respect to the protection of American citizens within the jurisdiction of the Legation. In those instances the individual in question was placed under arrest and the Legation was only subsequently informed.13
In April, 1941 shortly after my arrival, an American citizen, Frank Ney Illischer, was illegally detained and transported to Tetuán by the Spanish police, as I informed the Department in my despatch no. 157 of April 11, 1941.14 This was the third violation of our extraterritorial jurisdiction in the relatively short period of Spanish occupation of Tangier, and I deemed it essential to endeavor to remove all doubt in the minds of the Spanish of our intention to uphold firmly our treaty rights. I therefore pressed this case with particular energy and transmitted a telegram direct to the Spanish High Commissioner at Tetuán explaining our position. This action was successful in obtaining Illischer’s release.
The firm attitude assumed by the Legation has brought satisfactory results. In two subsequent cases of individuals alleged to have committed violations of local law, the Spanish Interventor, the head of civil administration in the Tangier Zone, has taken no action but has informed me in a personal note of the circumstances surrounding the case with the request that the Legation take any necessary steps to secure respect for the laws by the American involved. There is transmitted herewith a translation of a communication received from the Interventor concerning an alleged violation of a traffic regulation by Mr. Walter B. Boyce, an American, and a copy of the Legation’s reply [Page 557] thereto.15 The procedure thus established gives the Legation an opportunity to make an investigation of the case, admits the jurisdiction of the Legation over its citizens and secures them from illegal molestation by the Spanish authorities.
Respectfully yours,