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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

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 vessela 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 “Amer ican Diplomacy," 193.

CHINA, 1858.

TREATY OF PEACE, AMITY AND COMMERCE.

Concluded June 18, 1858. Ratifications exchanged at Pehtang, August 16, 1859. Proclaimed January 26, 1860.

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ARTICLE II. The original treaty, as ratified by the President of the United States, shall be deposited at Pekin, in charge of the Privy Council; and as ratified by the Emperor of China, shall be deposited at Washington, in charge of the Secretary of State.

ARTICLE III.-Promulgation of treaty.

ARTICLE IV.-The Minister of the United States "shall at all times have the right to correspond on terms of perfect equality and confidence with the officers of the Privy Council at the Capital, or with the Governors-General of the Two Kwangs, or of the "Two Kiangs."

ARTICLE V. (Formalities to be observed by Ministers of the United States; residence and suite of United States Ministers.)"The Minister of the United States of America in China, whenever he has business, shall have the right to visit and sojourn at the capital of His Majesty the Emperor of China, and there confer with a member of the Privy Council, or any other high officer of equal rank deputed for that purpose, on matters of common interest and advantage. Ilis visits shall not exceed one in each year, and he shall complete his business without unnecessary delay. He shall be allowed to go by land or come to the mouth of the Peiho, into which he shall not bring ships of war, and he shall inform the authorities at that place in order that boats may be provided for him to go on his journey. He is not to take advantage of this stipulation to request visits to the capital on trivial occasions. Whenever he means to proceed to the capital, he shall communicate, in writing, his intention to the Board of Rites at the capital, and thereupon the said Board

shall give the necessary directions to facilitate his journey and give him necessary protection and respect on his way. On his arrival at the capital he shall be furnished with a suitable residence prepared for him, and he shall defray his own expenses; and his entire suite shall not exceed twenty persons, exclusive of his Chinese attendants, none of whom shall be engaged in trade."

ARTICLE VI.—Most favored nation principle to be applied to the privileges of the United States Minister.

ARTICLE VII.-Forms of communication between officers of the two nations. No presents shall ever be demanded.

ARTICLE VIII.-Rules as to personal intercourse between the representatives of the two nations.

ARTICLE IX. The vessels of the United States shall enjoy all suitable facilities for procuring supplies, &c., in Chinese open ports. And if attacked by pirates, the national vessels of the United States may pursue the pirates, and if captured, deliver them over for trial and punishment.

ARTICLE V. (Privilèges of United States Consuls in China.) -"The United States of America shall have the right to appoint Consuls and other Commercial Agents for the protection of trade, to reside at such places in the dominions of China as shall be agreed to be opened; who shall hold official intercourse and correspondence with the local officers of the Chinese Government (a Consul or a Vice-Consul in charge taking rank with an Intendant of circuit or a Prefect), either personally or in writing, as occasions may require, on terms of equality and reciprocal respect. And the Consuls and local officers shall employ the style of mutual communication. If the officers of either nation are disrespectfully treated or aggrieved in any way by the other authorities, they have the right to make representation of the same to the superior officers of the respective Governments, who shall see that full inquiry and strict justice shall be had in the premises. And the said Consuls and Agents shall carefully avoid all acts of offence to the officers and people of China. On the arrival of a Consul duly accredited at any port in China, it shall be the duty of the Minister of the United States to notify the same to the Governor-General of the province where such port is, who shall forthwith recognize the said Consul and grant him authority to act."

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