III.

TREATIES AND CONVENTIONS

WITH

ASIATIC AND AFRICAN STATES.

BARBARY STATES.

[The early treaties with the Barbary States being of little historical interest, aside from the circumstances attending their negotiation, only one-the first in date, with Morocco will here be given in full.]

MOROCCO, 1787.

TREATY OF PEACE AND FRIENDSHIP.

Concluded January, 1787. Ratified by the Continental Congress, July 18, 1787.

"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 twentyfifth day of the blessed month of Shaban, in the year one thousand two hundred, trusting in God it will remain perma

nent."

ARTICLE I.-(Emperor's assent to the treaty.)-"We declare that both parties have agreed that this treaty, consisting of twenty-five articles, shall be inserted in this book, and delivered

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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.--(Commissions from an enemy.)-" 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.—(Case of captures.) "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 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.-(Vessels to have passports.) 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.-(Right of search at sea.) "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. (Captured Americans to be set free.)" 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.-(Vessels in port to be supplied.)-" If any ves

sel 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.-(Vessels putting in port to repair.)-"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. (Shipwrecks.)-"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 any of 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.-(Vessels engaged within gun-shot of fort.)" 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.”

ARTICLE XI.-(Navigation in time of war.)—"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. (Ships of war not to be examined.)—“ 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.-(Ships of war to be saluted.)-"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. (Most favored nation.)—" The commerce with the United States shall be on the same footing as is the com. merce 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.-(Privileges of merchants.)-"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.-(Exchange of prisoners in time of war.)—" 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. (Privileges of merchants.)-" 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.-(Goods to be examined before sent on board.) -"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.-(Vessels not to be detained.)-"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. (Settlement of disputes between Americans.) "If any of the citizens of the United States, or any persons under their protection, shall have any disputes with each other, the Consul shall 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.—(Crimes.)—“ If a citizen of the United States should kill or wound a Moor, or, on the contrary, if a Moor should kill or wound a citizen of the United States, the law of the country shall take place, and equal justice shall 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.-(Estates of deceased citizens.)-" If an American citizen shall die in our country, and no will shall appear, the Consul shall take possession of his effects; and if there 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 a will shall appear, the property shall descend agreeable to that will as soon as the Consul shall declare the validity thereof.

ARTICLE XXIII.—-(Consuls and their privileges.)— The Consuls of the United States of America shall reside in any seaport of our dominions that they shall think proper; and they shall be 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