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Regulation in then considered particularly under our protection; and if any vessel of case of ship- the United States shall be forced to put into our ports by stress of wreck, and being forced
weather, or otherwise, she shall not be compelled to land her cargo, but into port.
shall remain in tranquility until the commander shall think proper to proceed on his voyage.
ARTICLE X. Vessels pro
If any vessel of either of the parties shall have an engagement with a tected in cer- vessel belonging to any of the Christian powers within gun shot of the tain cases.
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. Privileges of If we shall be at war with any Christian power, and any of our vessels vessels in case
sail from the ports of the United States, no vessel belonging to the of war.
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 If any ship of war belonging to the United States shall put into any belonging to of our ports, she shall not be examined on any pretence whatever, even U. S. not to be examined.
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 If a ship of war of either party shall put into a port of the other and to be saluted.
salute, it shall be returned from the fort with an equal number of guns, not with more or less.
Commerce on the footing of the most favoured nation.
ARTICLE XIV. The commerce with the United States shall be on the same footing as is the commerce with Spain, or as that with the most favoured 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. 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 labour whatever, shall be paid at the customary rates, not more and not less.
Privileges of merchants.
ARTICLE XVI. In case of war, In case of a war between the parties, the prisoners are not to be prisoners not to made slaves, but to be exchanged one for another, captain for captain, be enslaved, but exchanged.
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.
Merchants Merchants shall not be compelled to buy or sell any kind of goods sell'all goods
may buy and but such as they shall think proper; and may buy and sell all sorts of except those merchandize but such as are prohibited to the other Christian nations. prohibited to
nations. ARTICLE XVIII. All goods shall be weighed and examined before they are sent on Goods to be board, and to avoid all detention of vessels, no examination shall after. examined bewards be made, unless it shall first be proved that contraband goods fore sent on have been sent on board, in which case, the persons who took the con- after, 'unless in traband goods on board, shall be punished according to the usage and case of fraud. 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. No vessel shall be detained in port on any pretence whatever, nor be Vessels not to obliged to take on board any articles without the consent of the com- be detained. mander, who shall be at full liberty to agree for the freight of any goods be takes on board.
ARTICLE XX. If any of the citizens of the United States, or any persons under their How disputes protection, shall have any disputes with each other, the consul shall shall be settled. 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. If a citizen of the United States should kill or wound a Moor, or, on How crimes the contrary, if a Moor shall kill or wound a citizen of the United shall be punishStates, the law of the country shall take place, and equal justice shall ed. 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. If an American citizen shall die in our country, and no will shall How estates appear, the consul shall take possession of his effects; and if there shall of deceased be no consul, the effects shall be deposited in the hands of some person disposed of. 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. The consuls of the United States of America, shall reside in any sea- Consuls and port of our dominions that they shall think proper; and they shall be their privileges. 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.
Regulations in case of war.
ARTICLE XXIV. 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, until a friendly application shall be made for an arrangement, and until 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.
We have delivered this book into the hands of the beforementioned
Isaac Cardoza Nunez, interpreter at Morocco, of the treaty be-
ADDITIONAL ARTICLE. Grace to the only God. Vessels of I, the under-written, the servant of God, Taher Ben Abdelkack FenU. S. 10 be pro. nish, do certify, that His Imperial Majesty, my master, (whom God pretected.
serve,) having concluded a treaty of peace and commerce with the United States of America, has ordered me, the better to compleat it, and in addition of the tenth article of the treaty, to declare,
"That if any vessel belonging to the United States, shall be in any of the ports of his Majesty's dominions, or within gun-shot of his forts, she shall be protected as much as possible; and no vessel whatever, belonging either to Moorish or Christian Powers, with whom the United States may be at war, shall be permitted to follow or engage her, as we now deem the citizens of America our good friends."
And, in obedience to his Majesty's commands, I certify this declaration, by putting my hand and seal to it, on the eighteenth day of Ramadan,(a) in the year one thousand two hundred.
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 Cordoza 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.
(a) The Ramadan of the year of the Hegira 1200, commenced on the 28th June, in the year of our Lord 1786.
Now, KNOW YE, That we, the said John Adams and Thomas Jefferson, Ministers Plenipotentiary aforesaid, do approve and conclude the said treaty, and every article and clause therein contained, reserving the same nevertheless to the United States in Congress assembled, for their 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.
Between His Most Christian Majesty and the United States
Nov. 14, 1788.
America, for the Purpose of defining and establishing the
His Majesty the Most Christian King, and the United States of Ame-
Consuls to present commissions, and to be entitled to an erequatur.
Privileges of consuls.
(a) An act to declare the treaties heretofore concluded with France no longer obligatory on the United States. July 7, 1798; Laws U. S. vol. 1, 578.