881.00/2049
The Chargé at Tangier (Childs) to the Secretary of
State
No. 325
Tangier, September 2, 1941.
[Received
September 17.]
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,
[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.
