the names of the persons protected by them or by their Agents throughout the States of the Sultan of Morocco.

"This list shall be transmitted to the local authorities, who shall consider as persons enjoying protection only those whose names are contained therein."

ARTICLE VIII.—(Consular officers to furnish names of persons protected by them.)-" Consular officers shall transmit each year to the authorities of the district in which they reside a list, bearing their seal, of the persons protected by them. These authorities shall transmit it to the Minister of Foreign Affairs, to the end that, if it be not conformable to the regulations, the Representatives at Tangier may be informed of the fact.

"A consular officer shall be required to give immediate information of any changes that may have taken place among the persons protected by his Consulate."

ARTICLE IX. (Certain persons not protected; Crimes.)"Servants, farmers and other native employees of native secretaries and interpreters shall not enjoy protection. The same shall be the case with Moorish employees or servants of foreign subjects.

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Nevertheless, the local authorities shall not arrest an employee or servant of a native officer in the service of a Legation or Consulate, or of a foreign subject or protected person, without having notified the authority upon which he is dependent.

"If a subject of Morocco in the service of a foreign subject shall kill or wound any person, or violate his domicile, he shall be arrested immediately, but the diplomatic or consular authority under which he is shall be notified without delay."

ARTICLE X.-(Brokers.)-" Nothing is changed with regard to the situation of brokers, as established by the treaties and by the convention of 1863, except what is stipulated, relative to taxes, in the following articles."

ARTICLE XI. (Privileges of foreigners in Morocco in regard to property.) "The right to hold property is recognized in Morocco as belonging to all foreigners.

"The purchase of property must take place with the previous consent of the Government, and the title of such property shall be subject to the forms prescribed by the laws of the country.

"Any question that may arise concerning this right shall be decided according to the same laws, with the privilege of appeal to the Minister of Foreign Affairs stipulated in the treaties."

ARTICLE XII. - (Agricultural tax.)-"Foreigners and protected persons who are the owners or tenants of cultivated land, as well as brokers engaged in agriculture, shall pay the agricultural tax. They shall send to their Consul annually, an exact statement of what they possess delivering into his hands the amount of the tax.

"He who shall make a false statement, shall be fined double the amount of the tax that he would regularly have been obliged to pay for the property not declared. In case of repeated offense this fine shall be doubled.

"The nature, method, date and apportionment of this tax shall form the subject of a special regulation between the Representatives of the Powers and the Minister of Foreign Affairs of His Shereefian Majesty."

ARTICLE XIII.-(Gate-tax.)-"Foreigners, protected persons and brokers owning beasts of burden shall pay what is called the gate-tax. The apportionment and the manner of collecting this tax which is paid alike by foreigners and natives, shall likewise form the subject of a special regulation between the Representatives of the Powers and the Minister of Foreign Affairs of His Shereefian Majesty.

"The said tax shall not be increased without a new agreement with the Representatives of the Powers."

ARTICLE XIV.-(Mediation of officers of legations and consulates.) The mediation of interpreters, native secretaries or soldiers of the different Legations or Consulates, when persons who are not under the protection of the Legation or Consulate are concerned shall be admitted only when they are the bearers of a document signed by the head of a mission or by the consular authority."

ARTICLE XV.-(Return of a subject of Morocco who has been naturalized in a foreign country.)-" Any subject of Morocco who has been naturalized in a foreign country, and who shall return to Morocco, shall after having remained for a length of time equal to that which shall have been regularly necessary for him to obtain such naturalization, choose between entire

submission to the laws of the Empire and the obligation to quit Morocco, unless it shall be proved that his naturalization in a foreign country was obtained with the consent of the Government of Morocco.

"Foreign naturalization heretofore acquired by subjects of Morocco according to the rules established by the laws of each country, shall be continued to them as regards all its effects, without any restriction."

ARTICLE XVI.-(No irregular or unofficial protection; protection under certain cases.)-"No irregular or unofficial protection shall be granted in future. The authorities of Morocco will recognize no protection, of any kind whatever, save such as expressly provided for in this convention.

"Nevertheless, the exercise of the customary right of protection shall be reserved for those cases only in which it may be desired to reward signal services rendered by a native of Morocco to a foreign power, or for other altogether exceptional

reasons.

"The Minister of Foreign Affairs at Tangier shall be previously informed of the nature of the services, and notified of the intention to reward them, in order that he may, if need be, present his observations thereon; yet the final decision shall be reserved for the Government to which the service shall have been rendered.

"The number of persons thus protected shall not exceed twelve for each power, and this number is fixed as the maximum unless the consent of the Sultan shall be obtained.

"The status of persons who have obtained protection in virtue of the custom which is henceforth to be regulated by this stipulation shall be without limitation of the number of persons belonging to this class and now so protected, the same for themselves and their families as that which is established for other protected persons."

ARTICLE XVII.—(Most favored nation.)—“ The right to the treatment of the most favored nation is recognized by Morocco as belonging to all the powers represented at the Madrid conference."

ARTICLE XVIII.-(Ratifications.)-" This convention shall be ratified. The ratifications shall be exchanged at Tangier with as little delay as possible.

"By exceptional consent of the high contracting parties the stipulations of this convention shall take effect on the day on which it is signed at Madrid.

"In faith whereof the respective plenipotentiaries have signed this convention, and have thereunto affixed the seals of their arms.

"Done at Madrid, in thirteen originals, this third day of July, one thousand eight hundred and eighty.

"LUCIUS FAIRCHILD,

"on the part of the United States."

1 Before the revolutionary war England had protected in the Mediterranean, the commerce of her American colonies. During the war the United States had sought to procure the assistance of France to the same end; the latter country, however, promised only to employ her good offices, etc. After the peace, vessels of the United States were exposed undefended to the depredations of the Barbary pirates. The European States paid tribute to these corsairs, and the question arose whether the United States should do the same. "It rests with Congress," said Jefferson, "to decide between war, tribute, and ransom, as the means of establishing our Mediterranean commerce." In May, 1784, Congress gave full authority to Adams, Franklin, and Jefferson, to negotiate treaties of amity and commerce with the Barbary powers, and in the following year they were authorized to send agents to those courts, provided the whole expense did not exceed 80,000 dollars. Barclay, who was sent to Morocco, succeeded in concluding the treaty given above This treaty was renewed, when about to expire, for another period of fifty years.

ALGIERS.-In 1785, two American vessels were captured by Algerine cruisers, and their crews, twenty-one in number, reduced to slavery. In 1791, fourteen of these persons were still in captivity, and the government, the next year, began active measures for their release. But by the capture of ten American vessels in 1793, the number of captives was increased to one hundred and fifteen. And when the treaty with Algiers was finally concluded, September 5, 1795, it had cost the United States in ransoms, presents, and expenses $992,436.25, besides, for the future, a tribute of $21,600 a year in naval stores, $20,000 on the presentation of a consul, and biennial presents to the officers of the government, estimated at $17,500. (See Schuyler's "American Diplomacy," p. 213.) In 1815, the United States declared war against Algiers, and sent a naval squadron to the Mediterranean. The Dey was compelled to conclude a treaty, by the 2d article of which tribute of all kinds was abolished.

TRIPOLI.—A treaty was concluded with Tripoli, in 1796, similar to that

CHINA, 1844.

TREATY OF PEACE, AMITY AND COMMERCE.

Concluded July 3, 1844. Ratifications exchanged December 31, 1845. Proclaimed April 18, 1846.

[This first treaty with China followed the forcible opening of certain ports of that Empire by the united efforts of Great Britain and France. The five ports opened to the commerce of the United States were Kwang-chow, Amoy, Fuchow, Ningpo, and Shanghai. This treaty was superseded by that of 1858.]

with Algiers, except that the cost was less-$56,000-and tribute was not provided for. The 11th article of this treaty is peculiar. "As the government of the United States of America is not, in any sense, founded on the Christian religion; as it has, in itself, no character of enmity against the laws, religion or tranquillity of Musselmen; and as the said States never have entered into any war or act of hostility against any Mahometan nation; it is declared, by the parties, that no pretext arising from any religious opinions, shall ever produce an interruption of the harmony existing between the two countries."

The Bashaw became discontented, and continued to demand more money, and finally declared war against the United States. In 1802 Congress recognized the existence of war with Tripoli, and a naval force was sent to the Mediterranean and the Tripolitan war followed. A treaty was concluded, June 4, 1805, the United States paying $60,000 for the ransom of prisoners.

TUNIS.-A treaty with Tunis was concluded, in August, 1797, at a cost of $107,000. This treaty was somewhat altered by a convention of 1824.

REMARKS.-On the 30th of July, 1802, the Secretary of the Treasury stated that the expenditures to re-establish and support our commerce in the Mediterranean had reached the sum of $2,046,137.22. This was before the Tripolitan war. Tribute was moreover continued for some years longer to Algiers.

See on the subject of the Barbary States; Bancroft Davis' Notes: Lyman's "Diplomacy of the United States," II., 335; Schuyler's "American Diplomacy," 193.