Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 3, 1912

File No. 381.81F47/6.

The American Minister to the Secretary of State.

No. 263.]

American Legation,
Tangier, May 29, 1912.

Sir: I have the honor herewith to enclose two further letters from Mr. J. M. Macleod, the British Consul at Fez, with reference to our semsar Mohamed Lehsen El Filaly. The case was previously referred to in my cables to the Department of the 18th¹ and 20th instant, and in my despatches Nos. 257, 259¹ and 261,¹ of May 20th, 22nd and 24th, 1912.

From the last letter enclosed, it will be noted that the case so far as Filaly, the semsar, is concerned seems to be closed, as the French Consul at Fez has now advised the British Consul that he was satisfied that no proceedings whatever against him were in contemplation, and Filaly has now, therefore, left the British Consulate. I am glad that an incident was avoided in this case, though I believe the matter has been considerably discussed in Fez, and my colleague from Holland, now the Dean of the Diplomatic Corps here, asked me concerning it yesterday. He said in commenting on the matter that he should not consent to a court martial by the French of any of his nationals should the question arise.

Mr. Macleod has endeavored in so far as possible to avoid the raising of the question in this case, though he advised me confidentially that he gathered from the French authorities that the reason the French closed the case as they did and not formally by writing was that they feared it would otherwise be construed by the powers here as an admission on their part that they did not have the power of court martial over foreign nationals. It would seem to be a matter of a good deal of importance should any further attempts of this character arise, but at least, pending the formal establishment and final assent by the powers to the French protectorate, and the wiping out of the Maghzen, it would, I feel very sure, be deemed by my colleagues here a great stretch of authority on the part of the French to contend that they now have such power. As the French are asking the favor of the nations as to their protectorate, it would seem to me, even as a matter of courtesy, if they felt that they could not concede it as a right, that they should first have consulted the power affected as to the form of trial before attempting summarily to proceed as they evidently intended to do in this case in the excitement of events there.

As the French Minister was in Fez, and pending any instructions from my Government, I have not deemed it wise to take the matter up at all with the French Chargé d’Affaires here, but rather to let the case be handled as it has been by the British Consul in Fez, who has apparently used much tact as well as firmness in the affair. M. Gaillard, the French Consul in Fez, is a man of much courtesy and consideration from all I have heard of him, and I have no doubt that his appreciation of the seriousness of the situation much assisted in the quiet settlement of it.

Awaiting the instructions of the Department, as to its attitude in this matter,

I have [etc.]

Fred W. Carpenter.

[Inclosure 1.]

The British Consul to the American Minister.

British Consulate,
Fez, May 23, 1912.

Sir: With reference to my letter of the 16th instant, I have the honour to report that on the 20th instant the Kasbah Filala people imprisoned in connection with the incident of the 18th April were released.

As no letter or further information had reached me about Hadj Mommed Lehsen, I enquired yesterday at the French Consulate how his case stood. M. Mercier, the Vice Consul, explained that the Reporter of the Court Martial had power to release accused persons when he thought no case was likely to be brought against them, but in any event the information lodged, and the Reporter’s proceedings had to be submitted to the Court Martial. The latter then formally dismissed the case—or re-summoned the parties—as the Court might think fit. Such proceedings were usually (in cases like the present) merely formal, but still M. Mercier thought the most prudent course would be for Hadj Mohammed Lehsen to remain at this Consulate until the Court Martial had formally dismissed the complaint. Under the circumstances it was unlikely the Court would make any written communication to anybody, and so M. Mercier said that—in a personal way—he would arrange to learn when the Court Martial had formally disposed of the case and would inform me thereof, so that Hadj Mohammed Lehsen might then leave the Consulate without possibility of molestation in this affair.

I have [etc.]

J. M. Macleod.

[Inclosure 2.]

The British Consul to the American Minister.

British Consulate,
Fez, May 24, 1912.

Sir: With reference to my letter of yesterday, I have the pleasure to report that M. Gaillard, French Consul, called here yesterday afternoon and, in my presence, told Hadj Mohammed Lehsen that he was satisfied no proceedings whatever against him were in contemplation, and so M. Gaillard assured Hadj Mohammed he might now leave this Consulate freely without fear of molestation.

M. Gaillard assured me fully that the proceedings still to complete were merely formal and so it would only be causing Hadj Mohammed Lehsen unnecessary inconvenience were he to remain at this Consulate any longer.

Hadj Mohammed Lehsen, on my explaining this to him, stated he was quite satisfied, and after expressing his best thanks to M. Gaillard and myself he returned with great contentment to his house.

The incident, as far as it concerns Hadj Mohammed Lehsen, appears, therefore, to be now ended. I hope that I have been fortunate enough to act about it in the way your excellency would wish.

I have [etc.]

J. M. Macleod.

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