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TREATY OF PEACE AND FRIENDSHIP
Between the United States of America, and His Imperiai
Majesty the Emperor of Morocco. (a)
WHEREAS the United States of America, in Congress assembled, by their commission bearing date the twelfth day of May, one thousand seven hundred and eighty-four, thought proper to constitute John Adams, Benjamin Franklin, and Thomas Jefferson, their Ministers Plenipotentiary, giving to them, or a majority of them, full powers to confer, treat and negociate with the Ambassador, Minister, or Commissioner of his Majesty the Emperor of Morocco, concerning a treaty of amity and commerce; to make and receive propositions for such treaty, and to conclude and sign the same, transmitting it to the United States in Congress assembled, for their final ratification; and by one other commission, bearing date the eleventh day of March, one thousand seven hundred and eighty-five, did further empower the said Ministers Plenipotentiary, or a majority of them, by writing under their hands and seals, to appoint such agent in the said business as they might think proper, with authority under the directions and instructions of the said Ministers, to commence and prosecute the said negociations and conferences for the said treaty, provided that the said treaty should be signed by the said. Ministers: And whereas we, the said John Adams and Thomas Jefferson, two of the said Ministers Plenipotentiary (the said Benjamin Franklin being absent) by writing under the hand and seal of the said John Adams at London, October the fifth, one thousand seven hundred 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:
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 pernjanent.
(a) By "an act making an appropriation for the purpose therein mentioned," passed March 3, 1791, Laws U. S. vol. 1, 214, twenty thousand dollars are appropriated for effecting a negotiation of the treaty with Morocco, September 16, 1836, posi, 484.
of twenty-five articles, shall be inserted in this book, and delivered to Emperor's the Honorable Thomas Barclay, the agent of the United States, now at consent to the
treaty. 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 Neither party other party shall not take a commission from the enemy, nor fight under shall take com. their colours.
the enemy of ARTICLE III.
the other. If either of the parties shall be at war with any nation whatever, and Regulation in take a prize belonging to that nation, and there shall be found on board case of cap. subjects or effects belonging to either of the parties, the subjects shall be set 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, Signal or pass by which they are to be known when they meet at sea; and if the come to be given to
vessels. mander 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 How vessels belonging to the other, it is agreed, that if an examination is to be shall be ex.
amined in time made, it shall be done by sending a boat with two or three men only; of war. 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, Citizens of the to his Majesty, the citizens shall immediately be set at liberty, and the U. 8. captured,
to be released. 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 Vessels want. have occasion for provisions or other supplies, they shall be furnished ing supplies, to
be furnished. without any interruption or molestation.
ARTICLE VIII. If any vessel of the United States shall meet with a disaster at sea, Provision in and put into one of our ports to repair, she shall be at liberty to land case of missor. and re-load her cargo, without paying any duty whatever.
tune. 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
Regulation in then considered particularly under our protection; and if any vessel of case of ship- the United States shall be forced to put into our ports by stress of wreck, and being forced weather, or otherwise, she shall not be compelled to land her cargo, but ialo port.
shall remain in tranquility until the commander shall think proper to proceed on his voyage.
ARTICLE X. Vessels pro
If any vessel of either of the parties shall have an engagement with a lected in cer. vessel belonging to any of the Christian powers within gun shot of the tain cases.
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.
ARTICLE XI. Privileges of If we shall be at war with any Christian power, and any of our vessels vessels in case of war.
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. Ships of war If any ship of war belonging to the United States shall put into any belonging to of our ports, she shall not be examined on any pretence whatever, even U. S. not to be examined.
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. Ships of war If a ship of war of either party shall put into a port of the other and to be saluted. salute, it shall be returned from the fort with an equal number of guns, not with more or less.
ARTICLE XIV. Commerce on The commerce with the United States shall be on the same footing the footing of as is the commerce with Spain, or as that with the most favoured nation the most favoured 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. Privileges of Merchants of both countries shall employ only such interpreters, and merchants.
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 labour whatever, shall be paid at the customary rates, not more and not less.
ARTICLE XVI. In case of war, In case of a war between the parties, the prisoners are not to be prisoners not to made slaves, but to be exchanged one for another, captain for captain, be enslaved, but exchanged.
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.
Merchants Merchants shall not be compelled to buy or sell any kind of goods sell all goods
may buy and but such as they shall think proper; and may buy and sell all sorts of except those merchandize but such as are prohibited to the other Christian nations. prohibited to
nations. ARTICLE XVIII. All goods shall be weighed and examined before they are sent on Goods to be board, and to avoid all detention of vessels, no examination shall after. examined be. wards be made, unless it shall first be proved that contraband goods foro pent on
board, and not have been sent on board, in which case, the persons who took the con- after, 'unless in traband goods on board, shall be punished according to the usage and case of fraud. 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 articles without the consent of the com- be detained. mander, 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 How disputes protection, shall have any disputes with each other, the consul shall shall be settled. decide between the parties, and whenever the consul shall require 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 How crimes the contrary, if a Moor shall kill or wound a citizen of the United shall be punishStates, the law of the country shall take place, and equal justice shall ed. be rendered, the consul assisting at the trial; and if any delinquent shall make his escape, the consul shall not be answerable for him in any manner whatever.
ARTICLE XXII. If an American citizen shall die in our country, and no will shall How estates appear, the consul shall take possession of his effects; and if there shall of deceased
citizens shall be be no consul, the effects shall be deposited in the hands of some person disposed of. worthy of trust, until the party shall appear who has a right to demand
but if the heir to the person deceased be present, the property shall be delivered to him without interruption; and if a will shall appear, the property shall descend agreeable to that will as soon as the consul shall declare the validity thereof.
ARTICLE XXIII The consuls of the United States of America, shall reside in any sea- Consuls and port of our dominions that they shall think proper; and they shall be their privilegen respected, and enjoy all the privileges which the consuls of any other nation enjoy; and if any of the citizens of the United States shall contract any debts or engagements, the consul shall not be in any manner accountable for them, unless he shall have given a promise in writing for the payment or fulfilling thereof, without which promise in writing, no application to him for any redress shall be made.
Regulations in case of war.
ARTICLE XXIV. If any differences shall arise by either party infringing on any of the articles of this treaty, peace and harmony shall remain notwithstanding, in the fullest force, until a friendly application shall be made for an arrangement, and until that application shall be rejected, no appeal shall be made to arms. And if a war shall break out between the parties, nine months shall be granted to all the subjects of both parties, to dispose of their effects and retire with their property. And it is further declared, that whatever indulgences, in trade or otherwise, shall be granted to any of the Christian Powers, the citizens of the United States shall be equally entitled to them.
We have delivered this book into the hands of the beforementioned
Isaac Cardoza Nunez, interpreter at Morocco, of the treaty be-
Duration of treaty.
ADDITIONAL ARTICLE. Grace to the only God. Vessels of I, the under-written, the servant of God, Taher Ben Abdelkack FenU. S to be pro- nish, do certify, that His Imperial Majesty, my master, (whom God prelected.
serve,) having concluded a treaty of peace and commerce with the United States of America, has ordered me, the better to compleat it, and in addition of the tenth article of the treaty, to declare, "That if any vessel belonging to the United States, shall be in any of the ports of his Majesty's dominions, or within gun-shot of his forts, she shall be protected as much as possible; and no vessel whatever, belonging either to Moorish or Christian Powers, with whom the United States may be at war, shall be permitted to follow or engage her, as we now deem the citizens of America our good friends.”
And, in obedience to his Majesty's commands, I certify this declaration, by putting my hand and seal to it, on the eighteenth day of Ramadan, (a) in the year one thousand two hundred.
The servant of the King, my master, whom God preserve,
TAHER BEN ABDELKACK FENNISH.
I do certify that the above is a true copy of the translation made at
Morocco, by Isaac Cordoza Nunez, interpreter, of a declaration made and signed by Sidi Hage Taher Fennish, in addition to the treaty between the Emperor of Morocco and the United States of America, which declaration the said Taher Fennish made by the express directions of his Majesty.
(c) The Ramadan of the year of the Hegira 1200, commenced on the 28th June, in the year of oui Lord 1786.