The Moorish-American Treaty of Peace & Friendship
Certified Translation of the Treaty, with
Approval by Jefferson and Adams
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 twelfth day of May One thousand Seven hundred and Eighty
four thought proper to constitute John Adams, Benjamin Franklin and
Thomas Jefferson their Ministers Plenipotentiary, giving to them or
a Majority of them full Powers to confer, treat & negotiate with the
Ambassador, Minister or Commissioner of His Majesty the Emperor of Morocco
concerning a Treaty of Amity and Commerce, to make & receive propositions
for such Treaty and to conclude and sign the same, transmitting it to
the United States in Congress assembled for their final Ratification,
And by one other (commission bearing date the Eleventh day of March
One thousand Seven hundred & Eighty five did further empower the said
Ministers Plenipotentiary or a majority of them, by writing under the*
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 & prosecute the said Negotiations & Conferences
for the said Treaty provided that the said Treaty should be signed by
the said Ministers:
And
Whereas, We the said John Adams & 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, & 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 Powers
therein, which by the said second Commission we 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
& seal'd with His Royal Seal, being translated into the Language of
the said United States of America, together with the Attestations thereto
annexed are in the following Words, To Wit.
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.
1.
We declare that both Parties have agreed that this Treaty consisting
of 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.
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.
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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 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.
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.
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 Bred and injury done without Reason, the
offending Party shall make good all damages.
6.
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.
7.
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.
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 reload her cargo, without paying any Duty whatever.
9.
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 our Ports, by Stress
of weather or otherwise, she shall not be compelled to land her Cargo,
but shall remain in tranquillity untill the Commander shall think proper
to proceed on his Voyage.
10.
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
the Forts of the other, the Vessel so engaged shall be defended and
protected as much as possible untill she is in safety; And if any American
Vessel shall be cast on shore on the Coast of Wadnoon (1) or any coast
thereabout, the People belonging to her shall be protected, and assisted
untill by the help of God, they shall be sent to their Country.
11.
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 untill 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.
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 Place compel them to be brought on Shore on any
pretext, nor require any payment for them.
13.
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.
14.
The Commerce with the United States shall be on the same footing as
is the Commerce 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 Sea Ports whenever
they please without interruption.
15.
Merchants of both Countries shall employ only such interpreters, & 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.
16.
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.
17.
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.
18.
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.
19.
No vessel shall be detained in Port on any presence 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.
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20.
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.
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 and equal Justice shall be rendered,
the Consul assisting at the Tryal, and if any Delinquent shall make
his escape, the Consul shall not be answerable for him in any manner
whatever.
22.
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, untill 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.
23.
The Consuls of the United States of America shall reside in any Sea
Port 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 fulfilling thereof, without which promise in Writing
no Application to him for any redress shall be made.
24.
If any differences shall arise by either Party infringing on any of
the Articles of this Treaty, Peace and Harmony shall remain notwithstanding
in the fullest force, untill a friendly Application shall be made for
an Arrangement, and untill that Application shall be rejected, no appeal
shall 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 of the Christian Powers, the Citizens of the United States shall
be equally entitled to them.
25.
This Treaty shall continue in full Force, with the help of God for Fifty
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
One thousand two hundred.
I
certify that the annex'd is a true Copy of the Translation made by Issac
Cardoza Nunez, Interpreter at Morocco, of the treaty between the Emperor
of Morocco and the United States of America.
THOS
BARCLAY