MOROCCO.

1787.@

TREATY OF PEACE AND FRIENDSHIP.

Concluded January, 1787; ratified by the Continental Congres

I. Imperial consent.

July 18, 1787.

II. Commission from an enemy. III. Captures.

IV. Passports.

V. Search.

VI. Captured Americans.

VII. Supplying vessels in port.
VIII. Vessels to repair.
IX. Shipwrecks.

X. Vessels in engagement.
XI. Navigation in war.

XII. Examination of ships of war.

XIII. Saluting ships of war.

ARTICLES.

XIV. Most favored nation.
XV. Privileges of merchants.
XVI. Exchange of prisoners.
XVII. Privileges of merchants.
XVIII. Examination of goods.

XIX. Detention of vessels.

XX. Disputes between Americans XXI. Crimes.

XXII. Estates of deceased citizens. XXIII. Consuls.

XXIV. War.

XXV. Duration.

To all persons to whom these presents shall come or be made know Whereas the United States of America, in Congress assembled. their commission bearing date the twelfth day of May, one thousa seven hundred and eighty-four, thought proper to constitute Je Adams, Benjamin Franklin, and Thomas Jefferson, their Minister Plenipotentiary, giving to them, or a majority of them, full powe to confer, treat, and negotiate with the Ambassador, Minister, Commissioner of his Majesty the Emperor of Morocco, concernir, a treaty of amity and commerce; to make and receive propositio for such treaty, and to conclude and sign the same, transmitting to the United States in Congress assembled, for their final ratit cation; and by one other commission, bearing date the eleventh d of March, one thousand seven hundred and eighty-five, did furt empower the said Ministers Plenipotentiary, or a majority of the by writing under their hands and seals, to appoint such agent in t said business as they might think proper, with authority under t directions and instructions of the said Ministers, to commence a prosecute the said negotiations and conferences for the said trea provided that the said treaty should be signed by the said Minister And whereas we, the said John Adams and Thomas Jefferson, two the said Ministers Plenipotentiary, (the said Benjamin Frank being absent,) by writing under the hand and seal of the said Je Adams at London, October the fifth, one thousand seven hunda

This treaty was superseded by the treaty of September 16, 1836. eral Act, Algeciras, p. 2157.

See G

and eighty-five, and of the said Thomas Jefferson at Paris, October the eleventh of the same year, did appoint Thomas Barclay agent in the business aforesaid, giving him the powers therein, which, by the said second commission, we were authorized to give, and the said Thomas Barclay, in pursuance thereof, hath arranged articles for a treaty of amity and commerce between the United States of America and His Majesty the Emperor of Morocco, which articles, written in the Arabic language, confirmed by His said Majesty the Emperor of Morocco, and sealed with his royal seal, being translated into the language of the said United States of America, together with the attestations thereto annexed, are in the following words, to wit:

[ROYAL SEAL.]

In the name of Almighty God.

This is a treaty of peace and friendship established between us and the United States of America, which is confirmed, and which we have ordered to be written in this book, and sealed with our royal seal, at our court of Morocco, on the twenty-fifth day of the blessed month of Shaban, in the year one thousand two hundred, trusting in God it will remain permanent.

ARTICLE I.

We declare that both parties have agreed that this treaty, consisting of twenty-five articles, shall be inserted in this book, and delivered to the Honorable Thomas Barclay, the agent of the United States, now at our court, with whose approbation it has been made, and who is duly authorized on their part to treat with us concerning all the matters contained therein."

ARTICLE II.

If either of the parties shall be at war with any nation whatever, the other party shall not take a commission from the enemy, nor fight under their colors.

ARTICLE III.

If either of the parties shall be at war with any nation whatever, and take a prize belonging to that nation, and there shall be found on board subjects or effects belonging to either of the parties, the subjects shall be at liberty, and the effects returned to the owners. And if any goods belonging to any nation, with whom either of the parties shall be at war, shall be loaded on vessels belonging to the other party, they shall pass free and unmolested, without any attempt being made to take or detain them.

ARTICLE IV.

A signal or pass shall be given to all vessels belonging to both parties, by which they are to be known when they meet at sea; and if the commander of a ship of war of either party shall have other ships under his convoy, the declaration of the commander shall alone be sufficient to exempt any of them from examination.

ARTICLE V.

If either of the parties shall be at war, and shall meet a vessel at sea belonging to the other, it is agreed, that if an examination is to be made, it shall be done by sending a boat with two or three men only; and if any gun shall be fired, and injury done without reason, the offending party shall make good all damages.

ARTICLE VI.

If any Moor shall bring citizens of the United States, or their effects, to His Majesty, the citizens shall immediately be set at liberty, and the effects restored; and in like manner, if any Moor, not a subject of these dominions, shall make prize of any of the citizens of America, or their effects, and bring them into any of the ports of His Majesty, they shall be immediately released, as they will then be considered as under His Majesty's protection.

ARTICLE VII.

If any vessel of either party shall put into a port of the other, and have occasion for provisions or other supplies, they shall be furnished without any interruption or molestation.

ARTICLE VIII.

If any vessel of the United States shall meet with a disaster at sea, and put into one of our ports to repair, she shall be at liberty to land and re-load her cargo, without paying any duty whatever.

ARTICLE IX.

If any vessel of the United States shall be cast on shore on any part of our coasts, she shall remain at the disposition of the owners, and no one shall attempt going near her without their approbation. as she is then considered particularly under our protection; and if any vessel of the United States shall be forced to put into our ports by stress of weather or otherwise, she shall not be compelled to land her cargo, but shall remain in tranquillity until the commander shall think proper to proceed on his voyage.

ARTICLE X.

If any vessel of either of the parties shall have an engagement with a vessel belonging to any of the Christian Powers within gun-shot of the forts of the other, the vessel so engaged shall be defended and protected as much as possible until she is in safety; and if any American vessel shall be cast on shore on the coast of Wadnoon, or any coast thereabout, the people belonging to her shall be protected and assisted, until, by the help of God, they shall be sent to their country.

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ARTICLE XI.

If we shall be at war with any Christian Power, and any of our vessels sail from the ports of the United States, no vessel belonging to the enemy shall follow until twenty-four hours after the departure of our vessels; and the same regulation shall be observed towards the American vessels sailing from our ports, be their enemies Moors or Christians.

ARTICLE XII.

If any ship of war belonging to the United States shall put into any of our ports, she shall not be examined on any pretence whatever, even though she should have fugitive slaves on board, nor shall the governor or commander of the place compel them to be brought on shore on any pretext, nor require any payment for them.

ARTICLE XIII.

If a ship of war of either party shall put into a port of the other and salute, it shall be returned from the fort with an equal number of guns, not with more or less.

ARTICLE XIV.

The commerce with the United States shall be on the same footing as is the commerce with Spain, or as that with the most favored nation for the time being; and their citizens shall be respected and esteemed, and have full liberty to pass and repass our country and seaports whenever they please, without interruption.

ARTICLE XV.

Merchants of both countries shall employ only such interpreters, and such other persons to assist them in their business, as they shall think proper. No commander of a vessel shall transport his cargo on board another vessel; he shall not be detained in port longer than he may think proper; and all persons employed in loading or unloading goods, or in any other labor whatever, shall be paid at the customary rates, not more and not less.

ARTICLE XVI.

In case of a war between the parties, the prisoners are not to be made slaves, but to be exchanged one for another, captain for captain, officer for officer, and one private man for another; and if there shall prove a deficiency on either side, it shall be made up by the payment of one hundred Mexican dollars for each person wanting. And it is agreed that all prisoners shall be exchanged in twelve months from the time of their being taken, and that this exchange may be effected by a merchant or any other person authorized by either of the parties.

ARTICLE XVII.

Merchants shall not be compelled to buy or sell any kind of goods but such as they shall think proper; and may buy and sell all sorts of merchandise but such as are prohibited to the other Christian nations.

ARTICLE XVIII.

All goods shall be weighed and examined before they are sent on board, and to avoid all detention of vessels, no examination shall afterwards be made, unless it shall first be proved that contraband goods have been sent on board, in which case the persons who took the contraband goods on board shall be punished according to the usage and custom of the country, and no other person whatever shall be injured, nor shall the ship or cargo incur any penalty or damage whatever.

ARTICLE XIX.

No vessel shall be detained in port on any pretence whatever, nor be obliged to take on board any article without the consent of the commander, who shall be at full liberty to agree for the freight of any goods he takes on board.

ARTICLE XX.

If any of the citizens of the United States, or any persons under their protection, shall have any disputes with each other, the Const shall decide between the parties, and whenever the Consul shall re quire any aid or assistance from our Government, to enforce his decisions, it shall be immediately granted to him.

ARTICLE XXI.

If a citizen of the United States should kill or wound a Moor, or on the contrary, if a Moor shall kill or wound a citizen of the Unite States, the law of the country shall take place, and equal justice shal be rendered, the Consul assisting at the trial; and if any delinquer shall make his escape, the Consul shall not be answerable for hi in any manner whatever.

ARTICLE XXII.

If an American citizen shall die in our country, and no will shal appear, the Consul shall take possession of his effects; and if ther shall be no Consul, the effects shall be deposited in the hands of some person worthy of trust, until the party shall appear who has a right to demand them; but if the heir to the person deceased be present the property shall be delivered to him without interruption; and if: will shall appear, the property shall descend agreeable to that will & soon as the Consul shall declare the validity thereof.

ARTICLE XXIII.

The Consuls of the United States of America shall reside in ar seaport of our dominions that they shall think proper; and they sha be respected and enjoy all the privileges which the Consuls of an other nation enjoy; and if any of the citizens of the United State shall contract any debts or engagements, the Consul shall not be i any manner accountable for them, unless he shall have given a promise in writing for the payment or fulfilling thereof, wither which promise, in writing, no application to him for any redress sha be made.