​
January 1787
treaty of peace and friendship
between the
United States of America
and his imperial majesty the emperor of morocco. (a)
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*{al werds en bleu are cunsidered bleu and capitalized thru out thee dokcument}
to all Persons to whom these presents shall come or be made known. whereas the United States of America, in Congress Assembled, by their commission bearing date the 12th day of may, 1784, thought proper to constitute John adams, Benjamin Franklin, and Thomas Jefferson, their Ministries Plenipotentary, giving to them, or a majority of them, full powers to confer, treat and negotiate with the ambassador, minister, or commissioner of his majesty the emperor of morocco, concerning a treaty of amity in commerce; to make and receive propositions for such treaty, and to conclude and sign the same, transmitting it to the United States in Congress Assemble, for their final ratification; and by one other commission, bearing date the 11th day of march, one thousand seven hundred and eighty-five (march 11th 1785) did further empower the said Ministers Plenipotentiary, or 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 negotiations 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 (october 5th 1785), any other said Thomas Jefferson at paris, october The 11th of the same year, did appoint Thomas Barclay, agent and the business for said, giving him the powers therein, which, by the said second commission, we were authorized to give, and the said Thomas Barclay, and the pursuance thereof, have 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 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 attestation thereto annexed, are in the following words, to writ:
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, in which we have ordered to be written in this book, and sealed with our royal seal at the court of morocco, on the 25th day of the blesses month of shaban, in the year 1200 trusting in god it will remain permanent.
article i.
we declare that both parties have agreed that this treaty, consisting up 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.
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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 there colors
article iii.
if either other parties shall be at war with any nation whatever, and take a prize belonging to that nation, and there shall be found on board subject or effect belonging to either other parties, the subject shall be set at liberty, and the effects return 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 an unmolested, without any attempt being made to take or detain them.
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article iv.
a signal or a path will be given to all vessels belonging to both parties, by which they are to be known when they meet at sea ; if the commander of a ship up war or either party should have other ships under his convoy, the declaration of the commander shall alone by sufficient to exempt any of them from examination.
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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 fire, an injury done without reason, the offending party shall make good all damages.
article vi
if anymore shall bring citizens of the United States, or their effects, to his majesty , the citizens shall immediately be set at liberty, and the effects restore; In like manner, if anymore , not a subject of these dominion, she'll make tries of any of the citizens of america, or their effects, and bring them into any of the parts of his majesty, they shall be immediately released, as they will then be considered as under his majesty's protection.
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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 reload her cargo, without any duty whatever.
provision in the case of misfortune.
article ix.
if any vessel of the United States shall be cast on shore on any part of our coast, she shall remain at the disposition of the owners, and no one shall attempt going near her without any their approbation, as she is then considered particularly under protection ; 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 carbon, but showing main anna tranquility until the commander should 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 gunshot of forts of the other, the vessel so engaged shall be defended and protected as much as possible until she is in safety; 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 should be sent to their country.
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article 11.
if we shall be at war with any christian power, and any of our vessels sail from the port of the United States, no vessel belonging to the enemy shall follow until 24 hours after the departure of our vessel ; and the same regulation shall be observed towards the american vessels selling from our port, be their enemies mores or christians.
article xii
if any ship of war belonging to United States shall put into any of our ports, she shall not be examined on any pretense 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.
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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 the commerce with spain , or ask that with the most flavored nation for the time being ; and their Citizens shall be respected an esteemed, ½ 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 assistant 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, no more and no less.
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article xvi
in case of war between the parties, the prisoners are not to be made slaves, but to be exchange one for another, captain for captain, officer for officer , and one private man for another; and if their shall prove a deficiency on either side, it shall be made up by the payment of 100 mexican dollars for each person wanting. and it is agreed that all persons shall be exchanged in 12 months from the time of there being taken, and that this exchange may be affected by a merchant or any other person authorized by either other parties.
article 17
merchants shall not be compelled to buy or sell any kind of goods but such as they shouting proper; and may buy it sell all sorts of merchandise but such as are prohibited to the other christian nature nations.
merchants may by anne still all good except those prohibited two other christian nations.
article 18
all goods shall be weighed and examined before they are sent on board , and to avoid all detection of vessels, no examination shall afterwards be made, unless it shall first be proved that contraband goods have been spent on board, in which case, the persons who took the contraband goods oh board shall be punished according to the usage and custom of the country, and no other person whatever shall be injured , nora shall the ship or cargo incur any penalty or damage whatever.
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article 19
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 commander, who shall be at full liberty to agree for the freight of any good he takes on board.
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article 20
if any of the Citizens of the United States, for any persons under their protection, shall have any disputes with each other , the console shall decide between the parties , in whenever the console shall required any aid or assistance from our government, to enforce his decisions, and shall be immediately granted to him.
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article 21
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 United States, the law of the country shall take place, an equal justice will 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.
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article 22
if an american citizen shall die in our country, and no will shall appear, the council shall take possession of his effects should be color and if there shall be no council, the affect should be deposited into the hands of some person worthy of trust, until the party show appear with his right to demand them; but if the heir to the person disease be present, the property shall be delivered to him without interruption; and if a will shall appear, the property shall be agreeable to that will as soon as the council shall declare the validity therefore.
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article xxiii
the councils of the United States of America, shall reside in any seaport of our dominions that they shall think proper; and they shall be respected, an enjoy all the privileges which the councils of any other nation enjoy; and if any of the Citizens of the United States shall contract any depth or engagement, the council 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
article 24
if any differences shall arise by either party infringing on any of the articles of this treaty, peace and harmony shall remained notwithstanding, in the fullest force until a friendly application shall be made for an agreement, and until the application shall be rejected, no appeal should 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 other christian powers, the Citizens of the United States shall be equally entitled to them.
regulations in case of war
article 25
this treaty shall continue at full force, with the help of god, for 50 years.
we have delivered this book into the hands of the before mentioned thomas barclay, on the first day of the blessed month of ramadan, in the year of 1200.
i certify that the annex is a true copy of the translation made by isaac cordoza nunez, interpreter at morocco , of the treaty between the emperor of morocco and the United States of America.
thomas barclay
duration of treating
additional article.
grace to the only god.
i, the underwritten, the servant of god, taher ben abdelkak fennish, do certify, that his imperial majesty , my master , (whom god preserve,) have concluded a treaty of peace and commerce with the United States of America, has ordered me, the better to compleat it, an in addition of the 10th article of the treaty , to declare, quote that if any vessel belonging to United States, shall be and any of the ports of his majesty's dominion, or with any gun shot of his forts, shall be protected as much as possible; and no vessel whatever how about the logging they're either too moorish or christian powers with whom the United States shall may be at war, shall be permitted to follow or engage her, as we now deem the Citizens of american are good friends quote an in obedience to his majesty's command i certified this declaration, by putting my hand and seal to it , on the 18th day of ramadan, parentheses a parentheses in the year of 1200.
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 cardoza 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.
thomas barclay.
vessels of us to be protected
treaty wth morocco 1787
now, know ye, that we, they said john adams and thomas jefferson, ministers planet pot tenner airy after see it, do adopt an include the century, and every article in cloth therein contained, reserving the same nevertheless to the United States in congress assembled, for the final ratification.
in testimony whereof, we have signed the same with our names and seals, at the places of our respective residence, and at the dates expressed under our signatures respectively.
john adams
london, january 25th 1787
thomas jefferson,
paris, january 1st, 1787
(l.s.)
(l.s.)
convention
between his most christian majesty and the United States of America
nov. 14, 1788.
__________
convention
between his most christian majesty and the United States of America, for the purpose of defining and establishing the functions and privileges of their respective consuls and vice-consuls. (a)
nov. 14, 1788.
his majesty the most christian king, and the United States of America, having , by the 29th article of the treaty of amity and commerce included between them, mutually granted the liberty of having, in their respective states and ports, consuls, vice consuls, agents and commissionaries, and being willing, in consequence thereof, to define and establish, in a reciprocal and permanent manner, the functions and privileges of consuls and vice-consuls, which they have judged it convenient to establish of preference, his most christian majesty has nominated the sieur count of montmorin , of st herent, marechal of his camps an armies, knights of his orders and of the golden fleece, his counselor in all of his councils, minister and secretary of state, and of his commandments and finances, having the department of foreign affairs; and the United States have nominated the sieur thomas jefferson, citizen of the United States of America, and their minister plenipotiary near the king, who, after having communicated to each other their respective full powers, have agreed on what follows:
article i
consuls to pre-commissions , and to be entitled to an exequatur.
the consuls and vice-consuls named by the most christian king and the United States, shall be bound to present their commissions according to the forms which shall be established respectively by the most christian king within his dominions, and by the congress within the United States. there shall be delivered to them, without any charges, the exequatur necessary for the exercise of their functions ; and on exhibiting the said is exequatur, the governors, commanders, heads of justice , bodies corporate, tribunals and other officers having authority in the ports and places of their consulates shall cause them to enjoy immediately, and without difficulty, the pre-eminences, authority, and privileges reciprocally granted, without exacting from the said consuls and vice-consuls any fee, under any pretext whatever.
article ii
privileges of consuls
the consuls and vice-consuls, and persons attached to their functions; that is to say: their chancellors and secretaries, shall enjoy a full and entire immunity for their chancery, and the papers which shall be therein contained. they shall be exempt from all personal service, from soldiers’ billet, militia, watch, guard, guardianship, trustee-ship