881.00/2049

The Chargé at Tangier ( Childs ) to the Secretary of State

No. 325

Sir: I have the honor to acknowledge the receipt of the Department’s instruction no. 74 of August 7, 194129 in which reference is [Page 565] made to the absence from my despatch no. 236 of July 1, 1941 of a memorandum setting forth our treaty rights with respect to the restrictions imposed by the Spanish military authorities on my movements between Tangier and Cape Spartel, to which reference was made in my despatch mentioned.

I now enclose a copy of the memorandum in question and very much regret its omission from my previous despatch.

My British colleague informs me that in a conversation a few days ago with Colonel Granado, the latter informed him that he was happy to be able to state that the restrictions previously imposed by the Spanish military authorities on the movements of foreigners between Tangier and Cape Spartel had been removed.

Respectfully yours,

J. Rives Childs
[Enclosure]

Memorandum by the Chargé at Tangier (Childs)

On June 22, 1941 the American Chargé d’Affaires drove in the direction of Cape Spartel by way of the Caves of Hercules and was ordered to halt by a Moorish sentry. Accompanying the Chargé was a native member of the staff of the Legation who explained the former’s identity but without overcoming the refusal of the sentry to permit him to pass. At the request of the American representative, the sentry was invited to enter the car and to accompany the Chargé to the post occupied by the sentry’s superior officer distant a few hundred yards. There a Moorish sergeant was found in command who peremptorily refused to permit the American representative to pass to the Cape Spartel Lighthouse.

Under the Moroccan treaties in force applicable to the Government of the United States of America, there is no provision which places any restriction upon the movements of American nationals in Morocco. Article 14 of the Treaty of 1836 between Morocco and the United States30 provides that:

“The citizens of that country shall have full liberty to pass and repass our country and seaports whenever they please, without interruption.”

If there is no warrant under the treaties in force for the placing of restrictions upon the movements of American nationals generally, it follows that there is the less justification for the interposition of restrictions upon the free movements in the territory of Morocco of the diplomatic and consular representatives of the Government of the United States.

[Page 566]

The action of the Spanish military authorities in the present instance is even more particularly open to objection in that access to Cape Spartel Lighthouse was denied the American Chargé d’Affaires in Tangier who is a member of the International Cape Spartel Commission which oversees the functioning of the Lighthouse, the cost of the upkeep of which is shared by the American Government.

Tangier, June 28, 1941.

  1. Not printed.
  2. Signed at Meccanez, September 16, 1836, Hunter Miller (ed.), Treaties and Other International Acts of the United States of America, vol. 4, p. 33.