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to telegraph a summary of certain portions of this note which is as follows:

Reference is made to article 6 of the Franco-German agreement of 1911 which rendered possible the protectorate treaty which states that the Sultan shall freely choose a concessionaire of important public works. Said provisions have been applied for eleven years in Morocco without protest. The protest of the United States Gov. ernment against the exercise of his rights by the Sultan to grant a concession for the port of Tangier without authorization of diplomatic corps causes surprise to the French Government which quotes two concessions granted in 1920 without protest (see report number 11, August 15, 1921,124 of diplomatic agent at Tangier (?) enclosure of Department's instruction to me number 193 February 15, 1922 18). Reference is also made to the percentages comprising the capital of the Société Internationale stating that the Moroccan Government has requested that the German and Austro-German shares be wholly reserved to French and Moroccan capital which request

appears too fair to be refused" and which is strictly in accordance with the provisions of the treaty of Versailles relative to German relinquishment of the rights in Morocco. In conclusion the French Government expects that the American Legation in Morocco will be instructed to cease its opposition to the concession of the port of Tangier.


881.156/48a : Telegram

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

WASHINGTON, November 3, 1922—5 p.m. 357. Tangier port concession.

Spanish Embassy here states that French Government has informed Spanish Embassy, Paris, that it is unable, or unwilling, to influence Sultan of Morocco to amend plans for adjudication of contract on November 9.

If you receive similar reply from French Government to your representations, please reply immediately, calling attention to this Government's representations, and stating that the United States formally reserves all its rights in the premises.


Not found in Department files. 18 Not printed.

881.156/46 : Telegram

The Acting Secretary of State to the Ambassador in France


WASHINGTON, November 4, 1922—1 p.m. 361. Your 445, November 3, 3 p.m.

Please reply to French Government in sense of final paragraph of Department's 357, November 3, 5 p.m. You may add that, as this Government is unable to accept the French thesis in regard to the legality of the granting of the port concession, it obviously cannot issue the instructions to the American Agent in Tangier requested by the French note.


881.156/46 : Telegram The Acting Secretary of State to the Diplomatic Agent and Consul

General at Tangier (Denning)

WASHINGTON, November 4, 1922–6 p.m. 21. Port concession,

French Government has replied to Paris Embassy's representations (Department's instruction to Paris No. 432, September 21, 1922) in following sense: That article 6 of Franco-German agreement of 1911, giving Sultan freedom in choosing public works concessionaires, has been applied in Morocco for eleven years without protest; that American protest is therefore surprise; that two concessions were granted in 1920 without protest; that assignment of ex-enemy shares in port company was made at request of Moroccan Government-a request “ too fair to be refused ”—, and strictly in accordance with Versailles Treaty; that French Government expects this Government to instruct you to cease opposition to port concession.

Department has instructed Ambassador at Paris to reply, formally reserving all American rights in the premises, and to add that, as this Government does not accept the French thesis in regard to the legality of the granting of the port concession, it cannot issue to you the instructions in question.

The French contention, that this Government, by failing to protest in one or several instances, has constructively waived its right to protest in any instance of the violation of its rights, is of course not accepted by the Department.

Department presumes that there is no further action to take at present, except the formal reservation of rights mentioned above. Keep Department informed of developments.


881.156/51 : Telegram

The Diplomatic Agent and Consul General at Tangier (Denning) to

the Secretary of State


TANGIER, November 9, 1922—9 p.m.

[Received 10:10 p.m.] Announcement made in morning press that port adjudication to be postponed for a short time.

I am reliably informed that the French diplomatic agent was instructed by his Government on November 6 to notify the representative of the Sultan at Tangier, who is the President of the Adjudication Commission, to postpone the port concession until further notice. There was no explanation.

The British agent also received a telegram which stated that Poincaré had agreed to postpone the port adjudication until after the Lausanne conference as a result of Lord Curzon's personal plea.


881.156/50 : Telegram The Secretary of State to the Diplomatic Agent and Consul

General at Tangier (Denning)

WASHINGTON, November 11, 1922—6 p.m. 22. Your November 9, 7 p.m.

American Embassy Paris telegraphs that French Government attributes postponement to financial reasons. Report local developments, and advise by cable of any requests that you may receive looking to your joining in protest by Diplomatic Corps against legality of concession.


881.156/51 : Telegram

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

WASHINGTON, November 11, 1922—6 p.m. 370. Your 454, November 9, 3 p.m.,14 Tangier port concession.

Tangier telegraphs that British Agency reports postponement until after Lausanne Conference, due to Curzon's personal plea to Poincaré. Please cable any development.


* Not printed; see Department's telegram no. 22 to Tangier, supra.


881.8121 El 6/

The Acting Secretary of State to the Ambassador in France


No. 713

WASHINGTON, January 3, 1921. SIR: The Department sends you herewith a copy of despatch No. 148, of July 7 [19], 1920,15 from the American Agent and Consul General at Tangier, Morocco, concerning the arrest of the American Semsar, Allal Weld El Hadj Boaza Ben El-Mamoon, and his subsequent trial and condemnation by a French Court Martial in Morocco. There are also enclosed copies of the correspondence quoted in this despatch.15

You are instructed to communicate with the French Minister of Foreign Affairs substantially as follows:

Upon instructions from my Government, I have the honor to bring to Your Excellency's attention the circumstances connected with the arrest, in violation of treaty rights, of the American Semsar (Protégé) Allal Weld El-Hadj Boaza Ben El-Mamoon, and his subsequent trial and condemnation by Court Martial, carried out by the French authorities in Morocco in spite of the repeated official protests of the American Agent and Consul General at Tangier.

Allal Ben El-Mamoon, according to information furnished by Mr. Blake, the American Agent and Consul General at Tangier, received his American protection under the terms of the Madrid Convention of 1880,16 and his name was first incorporated in the list of American protégés in the year 1914, upon the request of Mr. Joseph R. Cazes, an American citizen and a large exporter of cattle in Morocco. He, Allal, was the local buying agent of Mr. Cazes in the region of the Gharb. After the usual independent investigations by the French authorities, his name was accepted by them without objection, and American jurisdiction of his person and property was thereby recognized by the French authorities.

For some years this American protégé has occupied jointly with the community of the Village of Oulad Mamoon, in the Gharb, a tract of land which he says was purchased long ago by his father and is owned by himself and the community as joint tenants. The land is, however, claimed by a third party, and the litigation relating thereto appears to have been pending over a period of several years, the case having been heard in Tangier and by different

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Kadis of the Gharb. The American protégé affirms that in the course of the litigation no judgment has ever been rendered against him or his community; that, on the contrary, when, prior to 1914, he was under French protection, the case was repeatedly decided in their favor; that a document purporting to be a judgment against them, alleged to exist in the hands of his (Allal's) adversaries, is a fraudulent document issued by a Kadi who was removed by the French authorities and sentenced to imprisonment and hard labor; and that the military authorities who ruled the region of the Gharb prior to the establishment of the Civil Control repeatedly refused to give any countenance to the document or to execute it.

Early in December, 1919, an officer of the local civil authorities came to the Village of Oulad Mamoon and informed the community that their adversaries had produced a judgment rendered against them and demanded its enforcement. The officer ordered them forthwith to vacate the property, which, it was said, had been leased to a certain Mr. Stevens and his partner, Madame Ducamp. The community refused to comply with the order, and the officer arrested them all, including the American protégé, in spite of the latter's protest and his exhibition of his certificate of American protection. They were all thrown into prison.

After several days' incarceration, Allal Ben El-Mamoon was released on the orders of the French Residency-General at Rabat, issued at the instance of Mr. El-Khazen, of the American Agency and Consulate-General at Tangier, who was at the time on an official mission in the French Protectorate. Mr. El-Khazen, upon the instructions of Mr. Blake, made it clear that the American protection of Allal Ben El-Mamoon must by no means be construed to be extended to the entire community of the Village of Oulad Mamoon, and he agreed with the Residency-General that the abode of the American protégé and the portion of the litigious property actually occupied by him personally should be respected and left in his possession until the alleged judgment invoked by his adversaries had been presented to Mr. Blake for execution in conformity with the stipulations of the treaties.

Under date of January 27, 1920, the Resident General at Rabat, in a telegram to the American Agent and Consul General at Tangier, stated that he was informed that on the previous day Allal Ben ElMamoon had forcibly expelled the adversaries of his community who had been placed in possession of the litigious property, except that portion thereof held by Allal Ben El-Mamoon, and that he had furthermore assembled the tribe of Oulad M'rara, excited them to revolt, and, in the course of the disturbance, seized or dispersed the herds of his adversaries, carried out a veritable pillage, and threat

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