881.00/10–1745: Telegram
The Diplomatic Agent and Consul General at Tangier (Alling) to the Secretary of State
[Received October 17—9:15 a.m.]
306. Discussions of Committee of Control now include reintroduction, with proposed modification, of various Tangier laws which were in force up to time of Spanish occupation. In view of maintenance of American extraterritorial judiciary organization in Tangier, Legation would appreciate receiving Department’s instructions as to attitude of American Diplomatic Agent when as member of Committee of Control he assists at deliberations of Committee as ultimate legislative authority of Zone.
For legal background of this situation reference is made to pertinent comments on pages 5 and 6 of enclosure 1 to Paris Embassy’s despatch No. 2663 of July 27, 1945.97 Pages 7 and 8 of reference enclosure [Page 669] suggest simplification of normal legal procedure for making Tangier laws applicable to American ressortissants by means of grant of authority to Diplomatic Agent to notify assent to Tangier laws without prior submission to Department at least in regard to enactments involving no departure from applicable treaty principles, while rejection of [or] assent to laws directly or indirectly impinging upon American treaty position would continue to be notified after consultation with Department.
It is suggested that the above procedure be considered as an internal arrangement of America for service in the premises; that it should not be disclosed to Moroccan authorities, because, in their eyes it might weaken position which we have consistently maintained in regard to validation of Moroccan laws, particularly in French and Spanish zones, where there is no counterpart of advisory intervention of American representative as there now is in regard to legislative enactments of Tangier administration.
Until I receive Department’s approval of the suggestions outlined above or its alternative directions, I propose to abstain from voting on all legislative and other questions (other than administrative or procedural) involving our treaty rights, at the same time pointing out the situation fully and frankly to my colleagues in order that there can be no question of our bona fides.