881.00/1791: Telegram

The Diplomatic Agent and Consul General at Tangier ( White ) to the Secretary of State

75. Embassy at Madrid undertook to cable the decree published this morning’s España.

The four articles constituting the same and dated November 23 are clear as to intent to apply the laws of the Spanish Zone to Tangier. For the legal implications for American interests reference is made to the Legation’s despatch 995, November 30, 193426 concerning Spanish Zone taxation and references therein.

As regards nationals who will not have capitulatory rights the Assistant Administrator, for legal affairs, tells me that the juridical change will not be fundamental since the codes in Tangier are based on French and Spanish laws though they afford a more expeditious procedure than in Spain. He agreed that the decree presages the liquidation of the Mixed Court and of non-Spanish judicial personnel, [Page 795] himself included. He also said that it was impossible to give a juridical interpretation of a document that is essentially political.

Pending the interpretation which future developments may give, it appears to me that the meagerness of the information contained in the decree illustrates the difficulty now experienced by the Spanish Government in reaching a decision in regard to the administrative and legal implementation of its fait accompli.

White
  1. Not printed.