circumstances have so arranged themselves as to make it necessary for the controlling powers to grant the concession to the present concessionaires or be faced with five years of unsatisfactory service. Nevertheless, the Department clearly understands that the French and Spanish Governments will in all probability proceed without regard to American rights. Such being the actual fact to face it is hoped that the British can in some measure save the situation by having adopted, at the time the grant of the concession is made, a resolution to the effect that the grant is made as an exception and "without prejudice to the question of principle". You are at liberty to communicate such of the foregoing as you may deem appropriate to the British Foreign Office, requesting, however, that it be considered as informal and confidential. Very truly yours, For the Secretary of State: 881.6463/24 The Ambassador in Great Britain (Dawes) to the Secretary of State No. 1635 LONDON, February 5, 1931. [Received February 19.] SIR: I have the honor to refer to the Department's confidential instruction No. 628, January 7, 1931 (File No. 881.6463/21), concerning the electric light concession in Tangier, and to state that the information contained therein was duly conveyed to the Foreign Office on January 19. After a study of the attitude of the Department of State by the Foreign Office, the Embassy is now in receipt of an informal note which, after expressing appreciation of the informal and confidential opinion on the American position, goes on to say: "Your Government may rest assured that we shall only authorise our representative on the Committee of Control to agree to the grant of this concession without adjudication if there is a clear statement to the effect that its grant is made without prejudice to the question of principle. I ought however to warn you that it is possible that we may be out-voted in the Committee of Control and that the majority may decide to approve the grant of this concession without making any reference to the principle at stake. For this reason we should have been very glad to get the support of your Government in safeguarding the principle and we were wondering whether this could not be done by a notification to the Shereefian Government through your agent in Tangier that you agree to this concession as an exception, instead of a protest against its grant without adjudication. This is of course a matter for your Government to decide. "In any case we do not propose to go even this far towards meeting the French unless and until we receive either the questionnaire which the Committee of Control agreed that they should submit to the governments enquiring their views on the question of principle, viz. on the applicability of the Franco-German Convention of 1911 in the Tangier Zone, or a definite undertaking to circulate that questionnaire. Our views are that that Convention is not applicable in the Tangier Zone and that, in consequence, the stipulation in Article 6 to the effect that concessions for the exploitation of public works may be freely granted, does not apply in the case of the electric light concession. This view is, I take it, the same as the view held by the United States Government and, as at present advised, we think that if the other governments do not accept it we shall have to submit the question to arbitration." I venture to invite the Department's attention to the suggestion in the latter part of paragraph (1), and to request that I may be duly informed of any decision reached in the matter. Respectfully yours, For the Ambassador: RAY ATHERTON Counselor of Embassy 881.6463/24 The Secretary of State to the Ambassador in Great Britain (Dawes) No. 708 WASHINGTON, March 12, 1931. SIR: Reference is made to the Embassy's despatch No. 1635, of February 5, 1931, concerning the electric light concession in Tangier. In principle the Department is, of course, opposed to the granting of this concession without proper public adjudication. The Department is, however, not unmindful of the practical considerations involved. It is suggested that you inform the Foreign Office, quite informally, that the Department will be willing to accept the grant of this concession as an exception. The difficulty is to be found in the fact that it is illogical for the Diplomatic Agent at Tangier to follow up an unanswered protest by a note which extends approval to the grant on the basis that it is an exception and without prejudice to principle. Were the Shereefian Government, that is the French, to address a note to the Diplomatic Agent and request this Government's approval of the grant on the basis that such a grant would be exceptional, the Department would be glad to authorize Mr. Blake to extend this Government's approval. It is suggested that you inquire of the Foreign Office whether it could not suggest this procedure to the French. Very truly yours, For the Secretary of State: 3 881.6463/25 The Head of the League of Nations and Western Department of the British Foreign Office (Smith) to the American First Secretary of Embassy in Great Britain (Cox) 27 No. W3334/24/28 [LONDON,] 30 March, 1931. MY DEAR COX: I was on the point of writing to Atherton again on the subject of the electric light concession at Tangier when I received your private and confidential letter of March 21st, for which very many thanks. The majority of the Committee of Control have, our Consul-General at Tangier has reported, proved to be in favour of insistence upon public tender. The French member, however, at an animated meeting of the Committee on February 23rd, refused to accept a proposal put forward by his Italian colleague. The latter suggested that the Committee should declare themselves ready to maintain their conciliatory attitude regarding this particular concession subject to the prior adoption of a motion that "In conformity with treaty stipulations, concessions cannot be accorded to [in] Tangier except as a result of adjudication". Monsieur de Witasse would give no reasons for his refusal to accept this suggestion; but, somewhat unexpectedly, proposed an alternative motion which, after some discussion, was ultimately adopted by all present, in the following terms: "Le Comité de Contrôle, dont la majorité a exprimé l'avis que, aux termes des Traités, les concessions à Tanger doivent nécessairement faire l'objet d'une adjudication publique, accepte néanmoins d'examiner la concession d'électricité sans que sa décision puisse être invoquée à un titre quelconque comme constituant un précédent." 28 We have examined this formula and have come to the conclusion that it is satisfactory to His Majesty's Government in so far as the concession at issue is concerned. The Secretary of State still thinks, however, that it is most important that the United States Government should if possible be associated with the acceptance of the formula. Mr. Gurney is, accordingly, being instructed to endeavour to secure that effect is given to your suggestion. 27 Yours sincerely, C. HOWARD SMITH Copy transmitted to the Department by the Ambassador in Great Britain in his despatch No. 1794, March 31; received April 9. 28 Translation: "The Committee of Control, the majority of which has expressed the opinion that, in conformity with treaty stipulations, concessions cannot be accorded in Tangier except as a result of public adjudication, nevertheless agrees to examine the electricity concession without letting its decision be invoked through any claim whatsoever as constituting a precedent." 881.6463/26 The Diplomatic Agent and Consul General at Tangier (Blake) to the Secretary of State No. 599 TANGIER, April 2, 1931. [Received April 20.] SIR: I have the honor to acknowledge the receipt of Instruction No. 626 of March 12th, 1931, (File No. 881.6463/24), and Enclosures * with reference to previous correspondence concerning the electric light concession in Tangier. In this connection I transmit to the Department herewith copy in the French text, and English translation of a letter recently addressed by the Committee of Control to the Administrator of the Zone of Tangier, which has been confidentially communicated to me. I understand that the Protectorate Government at Rabat is being approached by the Committee of Control in an attempt to induce the French Resident-General, as the Sultan's Minister for Foreign Affairs, to address to me a request that the American Government assent to an exceptional derogation of the principle of public adjudication, in respect of the concession in question. If this eventuality should materialize, I presume that the Instruction hereby acknowledged is to be taken as sufficient authority for me to act in the direction indicated in the Department's Instruction No. 708 of March 12th, 1931, addressed to the American Ambassador in London. Respectfully yours, MAXWELL BLAKE 881.6463/26 The Secretary of State to the Diplomatic Agent and Consul General at Tangier (Blake) No. 635 WASHINGTON, April 30, 1931. SIR: The Department has received your confidential despatch No. 599 of April 2, 1931, regarding the electrical concession in Tangier. Should the appropriate Protectorate authorities address a communication to you requesting that the American Government assent to an exceptional derogation of the principle of public adjudication in respect of this concession, you are authorized to inform the Protectorate Government that this Government is prepared to take that action. Very truly yours, For the Secretary of State: W. R. CASTLE, JL "Instruction No. 626 not printed; for the enclosures, see despatch No. 1635 February 5, from the Ambassador in Great Britain, p. 755, and instruction No 708, March 12, to the Ambassador, p. 756. Not printed. 881.6463/27 The American Diplomatic Agent and Consul General at Tangier (Blake) to the French Resident General in Morocco (Saint)31 TANGIER, July 13, 1931. MR. RESIDENT-GENERAL: I have the honor to acknowledge the receipt of Your Excellency's Notes, No. 224-D of July 3rd, 1931 and No. 231-D of July 8th, 1931,32 setting forth the conditions which have led the Tangier Administration to consider, as an exceptional derogation from the principle involved, the expediency of permitting the grant of an Electric Light and Power Concession in Tangier, without appeal to international competition or observance of the procedure of public adjudication. Your Excellency informs me that the Tangier Administration is desirous to have its views and action in the matter brought to my attention and expresses the hope that, in the special circumstances, the Government of the United States will consent to withdraw the opposition which it had formulated in the premises. If Your Excellency will be good enough to address to me in the customary form, on behalf of the Shereefian Government, a request in the above sense, I shall immediately telegraph the proposal to my Government with my recommendation for favorable action.33 Please accept [etc.] MAXWELL BLAKE ATTEMPT BY THE TANGIER MIXED TRIBUNAL TO ASSUME JURISDICTION OVER ALIEN EMPLOYEES OF THE AMERICAN DIPLOMATIC AGENCY 781.003/8 The Diplomatic Agent and Consul General at Tangier (Blake) to the Secretary of State No. 551 TANGIER, October 8, 1930. [Received October 27.] SIR: I have the honor to inform the Department that two employees of the American Diplomatic Agency in Tangier, Mr. Joseph G. Abrines, Dragoman, and Mr. Gregory T. Abrines, Interpreter, both British subjects, were cited to appear before the Tangier Mixed Tribunal, on charges of hunting in the Tangier Zone unprovided with a licence issued by the Tangier Authorities. 31 Quoted in despatch No. 631, July 15, from the Diplomatic Agent and Consul General to the Acting Secretary of State; received August 4. 33 Neither printed. "On July 29, 1931, the Diplomatic Agent and Consul General duly notified the French Resident General, in accordance with instruction No. 635, April 30, supra, of American assent. (881.6463/28) |