881.00/8–845: Telegram

The Ambassador in France (Caffery) to the Secretary of State

4797. From Villard. The following represent our comments on Dept’s 3675, August 4 and 3271, July 13:51

1.
It is our understanding that Dept in its 3271, July 13, 6 p.m. accepted the 1923 Statute as the legal basis for the temporary administration of Tangier as have also the British. From present indications it would appear to us and to the British that the French draft proposals as communicated to us unofficially offer the most practicable basis of discussion and it is understood that the French in fact propose to lay formally before us on August 10 these proposals slightly modified. We shall endeavor to obtain the inclusion in the eventual agreement and annex of those parts of the British proposal which seem essential to the effective functioning of the provisional administration.
2.
For the safeguard of all rights accruing to the US from treaty, custom and usage, we are working on draft reservations to be embodied in our reply to the proposed forthcoming invitation to US to be associated in the provisional administration of the Tangier Zone and our suggested draft will be communicated to the Dept this week.52
3.
With reference to French proposal for interim police force we have prepared an alternative suggestion in consultation with the British. Our counter proposal eliminates temporary Sherifian force and contemplates a police body to consist of two sections; (1) rural, comprising native gendarmerie under a Spanish deputy commissioner and the other urban, comprising native and European French police under a French deputy commissioner. The overall commander of this body would be a police commissioner who is a national of a Tangier signatory power except France or Spain. He would coordinate the two sections and have complete authority to dismiss and recruit either French or Spanish police.
In informal conversations the French have expressed themselves as agreeable to the police force being commanded by the national of one of the smaller Tangier signatory powers. The commander would be personally responsible to the committee of control which in fact would be the police authority. It is proposed that the transfer of police authority to the police commissioner and his deputies should be immediate whereas the transfer of personnel would extend over a period of one month. We believe it advisable in addition that an American or British destroyer or both should stand off shore for [Page 629] symbolic purposes for the one-month period during the replacement of the Spanish.
4.
Dept’s observations with respect to legislative assembly appear to us most reasonable and we shall endeavor to obtain their acceptance as far as may be possible. We believe, however, it would be more appropriate for the British to advance these proposals with our support (see comments on pages 4, 5 and 6 of enclosure No. 1, despatch 2663, July 2753). See Tangier’s 25 of August 6, 3 p.m.54 regarding American members.
5.
Concerning penultimate paragraph (Deptel 3675) answer is yes.
6.
We shall bear carefully in mind paragraph 3 of Deptel 3271 of July 13.

Rptd Madrid 309, London 575, Tangier 31. [Villard.]

Caffery
  1. For latter, see Conference of Berlin (Potsdam), vol. i, p. 1005.
  2. See telegram 4892, August 13, 7 p.m., from Paris, p. 631.
  3. Not printed; in these paragraphs there was comment on the propriety of the American representative participating in the approval of local laws and at the same time being able to bar the execution of those laws upon American nationals and protected persons (881.00/7–2745).
  4. Not printed.