881.00/2032
The Chargé at Tangier ( Childs ) to the Secretary of State
[Received July 23.]
Sir: I have the honor to report that on June 30, 1941 I called on Colonel Manuel Granado Tamajon, commanding the Spanish troops in Tangier and left with him a memorandum,16 copies of which are enclosed, setting forth our treaty rights with respect to the restrictions imposed by the Spanish military authorities on my movements between Tangier and Cape Spartel.
Some months ago, following the Spanish occupation of Tangier, Spanish troops were posted in the vicinity of Cape Spartel and orders were issued to them to prevent the movement of foreigners over certain roads in that immediate neighborhood, including access to Cape Spartel. My British colleague informs me that soon after the restrictions were imposed he made them the subject of certain observations to Colonel Yuste at that time serving in the capacity both of Delegate of the Spanish High Commissioner as well as Commander of the Spanish forces in Tangier. This intervention having been without any result, the British Consul General took up the question with the newly arrived Spanish High Commissioner who is stated to have taken note of the former’s observations. I am informed also that the question has been the subject of representations on the part of the British Embassy in Madrid with the Spanish Foreign Office, all so far without any positive result. The British action was based on the provision of the Anglo-Spanish Agreement of February 21, 1941 relating to Tangier assuring British subjects “freedom of movement in the Tangier Zone” (see Legation’s despatch No. 128 of March 7, 1941).17
Shortly after my arrival in Tangier I requested my Spanish colleague to issue me a laissez-passer for the Spanish Zone and, on the strength of this document, I have never experienced until recently any difficulty in passing to and from Cape Spartel.
With the recent replacement of Colonel Yuste by Colonel Granado the Spanish troops stationed in the vicinity of Cape Spartel were replaced by Moorish troops and apparently were given stricter orders [Page 558] concerning the movement of foreigners in that neighborhood. Some days previous to the incident recited in the enclosed memorandum Major Bentley, Military Attaché of the Legation, was turned back in his automobile when endeavoring to proceed to Cape Spartel and on June 22nd I encountered a like experience.
When I saw Colonel Granado on the subject he was most apologetic but stated that his troops were only carrying out the orders given them which he had received in return from higher authorities. He regretted the necessity of imposing such restrictions but referred to the need of taking measures for the security of Tangier. He raised the question whether the matter in dispute could not be adjusted by the issuance on his part to me of a permit whenever I desired to visit Cape Spartel.
I informed him that he had, of course, his responsibilities to discharge and that I had mine, one of which was the defense of American treaty rights. If I had occasion to go again to Cape Spartel I would request a permit of him, but it would be understood that my application for a permit and acceptance of it would not in any way prejudice the treaty rights of the United States as I had set them forth to him.
Colonel Granado asked if I would leave him a copy of the memorandum which I had prepared and from which I translated when setting forth our position to him. As the memorandum had been prepared with this contingency in mind I left a copy with him which he stated he would be glad to forward to the High Commissioner in Tetuán and that he hoped to obtain some amelioration of the terms of the restrictions.
Before taking leave of Colonel Granado I mentioned that the noncommissioned Moorish Officer who had turned me back had been very rude to the soldier from the Legation accompanying me. Colonel Granado expressed his great regret and stated that he would take immediate orders to mete out appropriate punishment to the officer and thanked me for having brought the incident to his attention.
So far as I have been able to determine the restrictions which were the subject of my conversation with Colonel Granado have been imposed in order to give freedom for the manoeuvres of the Spanish troops posted in the vicinity of Cape Spartel rather than to conceal any works in progress on the extreme northwest coastline of Morocco.
The plea put forward in defense of the restrictions, namely, that they are measures introduced for the security of the forces of occupation, is one which it is difficult for us to contest as a practical matter. It has seemed to me, however, eminently desirable that the Spanish authorities be kept constantly reminded of our treaty rights in order that they should have no grounds for misconception concerning our intention to safeguard those rights.
Respectfully yours,