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DIPLOMATIC CODE

OF

The United States of North America.

PART IL

TREATIES WITH THE BARBARY POWERS.

TREATY WITH MOROCCO.

Treaty of peace and friendship between the United States of
America, and his imperial majesty the Emperor of Morocco.

a

Benjamin

by congress, on 12th May, 1784 treaty of amity

son, appointed

to negotiate a

and commerce

&c. and empow

To all persons to whom these presents shall come, or be made known. Whereas the United States of America, in congress assem- John Adams, bled, by their commission bearing date the twelfth day of May, Franklin, and one thousand seven hundred and eighty-four, thought proper to Thomas Jefferconstitute John Adams, Benjamin Franklin, and Thomas Jefferson, their ministers plenipotentiary; giving to them, or majority of them, full powers to confer, treat, and negotiate with the ambassador, minister, or commissioner, of his majesty with the empe the emperor of Morocco, concerning a treaty of amity and ror of Morocco commerce; to make and receive propositions for such treaty, ered to appoint and to conclude and sign the same, transmitting it to the Unit- an agent, &c. ed 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 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, 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 Thomas Barpowers therein, which, by the said second commission, we clay appointed 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

agent.

1786.

June 28.

with the attestations thereto annexed, are in the following words, to wit:

Treaty of peace and friendship between the U.

States and Mo

rocco.

ty.

[Royal seal.]

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 permanent.

Mutual agreeART. 1. We declare that both parties have agreed that this ment of the parties to the arti- treaty, consisting of twenty-five articles, shall be inserted in cles of the trea- 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.

Neither party

to take commissions from an enemy.

Persons or goods of one party, captured

in an enemy vessel by the

other, to be re

leased.

ART. 2. 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.

ART. 3. 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, beladen on board longing 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.

Enemy goods,

a vessel of eith

er party to pass

tree.

Vessels to have passports.

Ships under convoy free.

Visit of vessels at sea.

ART. 4. 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.

ART. 5. 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, Satisfaction for and injury done, without reason, the offending party shall damages. make good all damages.

American citi

ART. 6. If any Moor shall bring citizens of the United to be restored. States, or their effects, to his majesty, the citizens shall im

zens and effects

nediately 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.

1786.

June 28.

Vessels in port

ART. 7. If any vessel of either party shall put into a port of the other, and have occasion for provisions, or other sup- to be supplied. plies, they shall be furnished without any interruption or molestation.

ART. 8. 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.

No duty in case

of vessels putting in to repair

tected.

ART. 9. If any vessel of the United States shall be cast on Stranded vesshore on any part of our coasts, she shall remain at the dispo- sels to be prosition 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 Vessels putting States shall be forced to put into our ports by stress of weather, of weather, not or otherwise, she shall not be compelled to land her cargo, compelled to but shall remain in tranquillity until the commander shall think proper to proceed on his voyage.

in from stress

ART. 10. If any vessel of either of the parties shall have Vessels engaged within gunan engagement with a vessel belonging to any of the christian shot of forts, to powers, within gunshot of the forts of the other, the vessel so be protected. engaged shall be defended and protected as much as possible, until she is in safety; and if any American vessel shall be cast Vessels strandon 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.

ed at Wadnoon, &c.

ART. 11. If we shall be at war with any christian power, Enemy vessels not allowed to and any of our vessels sail from the ports of the United States, follow for 24 no vessel belonging to the enemy shall follow, until twenty- hours, &c. four hours after the departure of our vessels; and the same re. gulation shall be observed towards the American vessels sailing from our ports, be their enemies Moors or christians.

Ships of war not

to be examined

in port, &c.

ART. 12. 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 Fugitive slaves: place, compel them to be brought on shore, on any pretext, nor require any payment for them.

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