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United States Department of State / Foreign relations of the United States diplomatic papers, 1937. The British Commonwealth, Europe, Near East and Africa
(1937)

Morocco,   pp. 858-880 PDF (8.5 MB)


Page 868


FOREIGN RELATIONS, 19 3 7, VOLUME II
781.003/40
      The Secretary of State to the French Charge (Henry)
                                  WASHINGTON, October 19, 1937.
  SIR: I have received and given careful consideration to your note
of August 26, 1937, proposing the conclusion of an agreement be-
tween the United States and France, similar to that concluded be-
tween France and Great Britain on July 29, 1937, by which the lat-
ter country surrendered its capitulatory rights in the French Zone
of Morocco. Your Government suggests that the agreement pro-
posed might take the form either of an exchange of notes or that of
a special convention and points out that the former procedure, which
it states was followed when the United States obtained certain rights
in the mandated territories of Syria and Palestine, would be more
expeditious.
  I observe that in your note reference is made to Article 25 of the
American-Moroccan Treaty of September 16, 1836, which provides
for the termination of the Treaty upon one year's notice given by
either party. In order that there may be no misunderstanding I
think it is pertinent to point out that American capitulatory rights
in Morocco are derived not only from the American-Moroccan Treaty
of 1836 but also from other treaties, conventions or agreements and
confirmed by long established custom and usage. It is unnecessary
to enlarge upon this point since it seems to have been recognized by
the French Government in the third paragraph of Article 10 and the
second paragraph of Article 16 of the Anglo-French Convention of
July 29, 1937, in both of which articles reference is made to the juris-
dictional privileges enjoyed by the United States in Morocco "under
treaties at present in force." Moreover, as you probably are aware,
the recognition by the Government of the United States of the Protec-
torate of France over Morocco was expressly made subject to sub-
sequent negotiation between the United States and France respecting
the capitulatory and other rights of the United States in Morocco.
  As for the rights of the American Government in Syria and Pales-
tine to which reference is made in your note, it will be recalled that
those rights were defined as regards the former territory by the Amer-
ican-French Convention of April 4, 1924,24 and as regards the latter
territory by the American-British Convention of December 3, 1924.2
As was explained in the correspondence leading up to the signature
of those conventions, notably in a memorandum handed to the French
Foreign Office by the American Embassy in Paris on August 9, 1921,2
24 Foreign Relations, 1924, vol. I, p. 741.
2f Ibid., vol. II, p. 212.
2 See telegram No. 377, August 7, 1921, 2 p.m., to the Ambassador In France,
ibid, 1921, vol. i, p. 822.
868


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