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.
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.
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, 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.
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.