Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part IV

Mr. McMath to Mr. Seward.

No. 19.]

Consulate of the United States of America, At Tangier, Morocco, March 26, 1864.

Sir: I have the honor to submit to your excellency the enclosed form of a treaty, proposed by his Majesty the Sultan to all the foreign nations represented in Morocco, in reference to a light-house, erected by his Majesty’s order, on Cape Spartel, at the entrance of the Straits of Gibraltar from the Atlantic; and also the form of the regulations for the control and administration of the same, (see enclosures Nos. 1, 2.) The utility of this structure cannot be denied, nor its value to the commercial interests of all nations trading in the Mediterranean estimated; and it is to be hoped, through its agency, we will hear no more of shipwreck and loss of life and property on that part of the African coast upon which it is situated. But as this is not a maritime nation, and in fact has only a comparatively small commercial interest with the nations of Europe, and I may say none with America, his Majesty the Sultan desires, upon its completion, that his expenditure on its account should cease; and, therefore, he proposes to all the foreign powers represented in Tangier to enter into a treaty with each, or as many as may be willing, to place the control and administration of the light-house in the hands of those nations authorizing their representatives to sign said treaty, and the signing powers each on their part to contribute annually, in advance, their proportionate share of the expenses incident thereto; such share to be determined in the ratio of their respective commercial interests in the Mediterranean and on the coast of Morocco. It will be seen that the minister for Spain offers a substitute for the first article proposed by the Sultan. With the exception of the substitute offered, it will be understood by the department the forms of the proposed treaty and regulations meet the general but unofficial approval of the entire diplomatic corps.

That functionary has also proposed that each signing power shall pay an equal sum toward defraying the expenses of illuminating the light-house, instead of each paying in the ratio of their respective interests as above named. On the latter basis Spain would rate third, or perhaps fourth, in the scale of commercial interests.

It will be seen from the proposed regulations that 15,000 francs at most is the estimated expense per annum of illuminating, &c., the light-house.

There are twelve nations represented in this country, and it cannot be supposed for a moment that all will contribute to this purpose. My own opinion is, that Great Britain, France, and Italy will at once consent, and Spain will also, but only upon the condition that the substitute offered by their official will be accepted by his Majesty the Sultan and the signing powers The first article proposed by the Sultan prohibits a cession of the light-house to any power. This will be objectionable to Spain, as it conflicts with her dreams of conquest on this coast; and besides, the signing powers will be bound by the same article to guarantee “au Sultan l’integrite territoriale et la propriete du phare;” and to such an arrangement Spain will not, in my opinion, agree.

The enclosures were drawn up by the chargé d’affaires ad interim of France, and with the approval of M. Bargash, Moorish minister for foreign affairs, and I have taken the liberty to transmit them in the same language in which I received them, retaining, however, a copy for the use of the consulate, for I deemed it of too much importance to trust any translation that I could furnish.

I confess myself unable to discover upon what principle my government, having no commercial interest in this country, ought to contribute to the perpetual maintenance of a light-house on this coast any more than the South American republics and other nations that have no trade with Morocco.

I would be pleased to receive instructions from the department at the earliest practicable moment. Sixty days’ notice will be given to me of the time fixed for the illumination of the light-house, and I will at the earliest moment communicate the same to the department.

I have the honor to be, sir, very respectfully, your obedient servant,

JESSE H. McMATH.

Hon. William H. Seward, Secretary of State, Washington, D. C.

[Translation.]

Project of convention between his Majesty the Sultan of Morocco and the maritime powers which shall desire to take part in maintaining a lighthouse at Cape Spartel

Article 1.*^* The Sultan engages with the signing powers that he will always retain under his sovereignty the light-house constructed at Cape Spartel, and will not under any pretext cede it to any soever. On their side the signing powers guarantee to the Sultan the territorial integrity and ownership of the light-house.

Article 2. In case of war, be it intestine or foreign, the Sultan engages to make every effort to secure the maintenance of the light-house and the safety of those there employed.

Article 3. It is expressly understood that the flag of Morocco shall be the only one hoisted on the light-house, and that any signal, whether by day or night, is completely interdicted. In case of war, whether between Morocco and one of the signing powers, or between the signing powers themselves, the stipulations contained in this article maintain all their force, and cannot upon any pretext be changed.

Article 4. In conformity with the wish expressed by the government of Morocco, and in the interests of navigation, the Sultan remits the management and chief direction of the light-house to the representatives of the signing powers. He will engage only to furnish for the safety of the light-house a guard composed of one kaio and four soldiers.

Article 5. The government of Morocco not having at present either naval or mercantile marine, the expenditures needful for the maintenance and management of the light-house shall be borne by the signing powers, by means of an annual payment proportional to their navigation.*^* If in the future the Sultan should become possessed either of a naval or mercantile marine, he engages to contribute to the expenses like other signing powers.

Article 6. In case of war between Morocco and one of the signing powers, the latter engages to continue the payment of its contribution as required by article 5.

Article 6. The Sultan having remitted to the representatives of the signing powers the chief management of the light-house, these representatives are charged to establish regulations necessary to that administration.

[Translation.]

Project of an arrangement for the upholding and management of the lighthouse erected on Cape Spartel.

Article 1. The representatives of the signing powers assembled in council have under their responsibility the chief direction of the upholding and management of the light-house. The presidency shall be exercised in turn, on the list, and from month to month, or for a term, which shall be ulteriorly fixed upon.

Article 2. The president shall convoke the council every time when he shall have any question to submit to it concerning the management of the light-house.

Article 3. A secretary-treasurer, named by the council and selected from among the officers of the signing powers, shall be charged with the archives, the correspondence, and the management of the funds.

Article 4. Two inspectors, taken from among the officers of the missions of the signing powers, shall be designated by the council for the purpose of inspecting twice or several times a month the light-house establishment, and checking the regular books, verifying the supplies, hearing claims, complaints, or remarks of the keepers, and transmitting them to the president.

Article 5. There shall be at the light-house a principal keeper, appointed by the council. In view of the importance of the functions attributed to this foreign employé in a foreign Country, he shall not be chosen except from a nation having in Morocco none but commercial interests.

Article 6. The principal keeper is responsible. His duties consist in watching over the strict execution of the rules which shall be given him by the council.

Article 7. Two other keepers, also appointed by the council, shall act conjointly with the principal keeper in the service at the light-house.

Article 8. These employés cannot be taken but from among Christians, and cannot be removed but by the decision of the council.

Article 9. The caio and four soldiers furnished by the Sultan for guard of the light-house shall be under the immediate direction of the council and paid on the budget of the light-house.

Article 10. The budget of the light-house is fixed at the sum of 15,000 francs at the most.

Article 11. The contributions of each of the signing powers shall be paid in advance into the hands of the treasurer. The handing over for this year shall take place two months before the illumination of the light-house. The handing over in following years at least one month before the discussion of the budget.

Article 12. The treasurer shall every six months render account of his management to the council.

Article 13. In the month of December in each year the council shall discuss and settle the budget for the year following.

1. Proposed by the minister of Spain. The light-house constructed at Cape Spartel is under the sovereignty of the Sultan of Morocco, and remains neutral.
2. Proposed by the minister of Spain. By means of an annual equal payment by each.