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 labor whatever, shall be paid at the customary rates, not more and not less. ARTICLE XVI. 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. ARTICLE XVII. 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. ARTICLE XVIII. 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. ARTICLE XIX. No vessel shall be detained in port on any pretence 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. ARTICLE XX. If any of the citizens of the United States, or any persons under their protection, shall have any dispute 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. ARTICLE XXI. 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 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 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, 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 agreeably to that will, as soon as the Consul shall declare the validity thereof. ARTICLE XXIII. The Consul of the United States of America shall reside in any seaport 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. 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 arrangment; 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 indulgence, 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. ARTICLE XXV. This treaty shall continue in force, with the help of God, for fifty years; after the expiration of which term, the treaty shall continue to be binding on both parties, until the one shall give twelve months' notice to the other of an intention to abandon it; in which case its operations shall cease at the end of the twelve months. CONSULATE OF THE UNITED STATES OF AMERICA To all whom it may concern. Be it known. Whereas the undersigned, James R. Leib, a citizen of the United States of North America, and now their resident Consul at Tangier, having been duly appointed Commissioner by letters-patent, under the signature of the President and seal of the United States of North America, bearing date, at the city of Washington, the fourth day of July, A. D. 1835, for negotiating and concluding a treaty of peace and friendship between the United States of North America and the Empire of Morocco: I, therefore, James R. Leib, Commissioner as aforesaid, do conclude the foregoing treaty and every article and clause therein contained, reserving the same, nevertheless, for the final ratification of the President of the United States of North America, by and with the advice and consent of the Senate. In testimony whereof I have hereunto affixed my signature and the seal of this consulate, on the first day of October, in the year of our Lord one thousand eight hundred and thirty-six, and of the Independence of the United States the sixty-first. [SEAL.] JAMES R. LEIB. 1865. CONVENTION AS TO CAPE SPARTEL LIGHT-HOUSE. Concluded between the United States, Austria, Belgium, France, Great Britain, Italy, The Netherlands, Portugal, Spain, and Sweden and Norway, and Morocco, May 31, 1865; ratification advised by the Senate July 5, 1866; ratified by the President July 14, 1866; ratifications exchanged February 14, 1867; proclaimed March 12, 1867. (Treaties and Conventions, 1889, p. 734.) ARTICLES. I. Administration of the light-house. II. Expense of maintenance. III. Protection. IV. Management. V. Duration. [Translation.] In the name of the only God! There is no strength nor power but of God! His Excellency the President of the United States of America; and his Majesty the Emperor of Austria, King of Hungary and Bohemia: His Majesty the King of the Belgians, Her Majesty the Queen of Spain, His Majesty the Emperor of the French; Her Majesty the Queen of the United Kingdom of Great Britain and Ireland-His Majesty the King of Italy; His Majesty the King of the Netherlands, His Majesty the King of Portugal and the Algarves, His Majesty the King of Sweden and Norway, and His Majesty the Sultan of Morocco and of Fez, moved by a like desire to assure the safety of navigation along the coasts of Morocco, and desirous to provide of common accord the measures most proper to attain this end, have resolved to conclude a special convention, and have for this purpose appointed their Plenipotentiaries, to wit, His Excellency the President of the Republic of the United States, Jesse Harlan McMath Esquire, his Consul General near his Majesty the Sultan of Morocco; His Majesty the Emperor of Austria, King of Hungary and of Bohemia, Sir John Hay Drummond Hay, commander of the very honorable order of the Bath, His General Agent,-ad interim, near his Majesty the Sultan of Morocco; His Majesty the King of the Belgians, Ernest Daluin, Knight of his order of Leopold, Commander of number of the order of Isabella the Catholic of Spain, commander of the order of Nichan Eftikhar of Tunis, his Consul General for the west coast of Africa: Her Majesty the Queen of Spain, Don Francisco Merry y Colon, Grand Cross of the order of Isabella the Catholic, Knight of the order of St John of Jerusalem, Decorated with the Imperial ottoman order of Medjidie of the 3d class, officer of the order of the Legion of Honor, Her Minister Resident near His Majesty the Sultan of Morocco-His Majesty the Emperor of the French, Auguste Louis Victor, Baron Aymé d'Aquin, officer of the Legion of Honor, commander of the order of Francis the first of the Two Sicilies, Commander of the order of St Maurice and Lazarus of Italy, Commander of the order of Christ of Portugal, Commander of the order of the Lion of Brunswick, Knight of the order of Constantine of the Two Sicilies, Knight of the order of Guelphs of Hanover, his Plenipotentiary near his Majesty the Sultan of Morocco. Her Majesty the Queen of the United Kingdom of Great Britain & Ireland Sir John Hay Drummond Hay, commander of the very honorable order of the Bath Her Minister Resident near his Majesty the Sultan of Morocco, His Majesty the King of Italy, Alexander Verdinois, Knight of the order of St Maurice & Lazarus, Agent and Consul General of Italy near His Majesty the Sultan of Morocco. His Majesty the King of the Netherlands Sir John Hay Drummond Hay Commander of the very Honorable order of the Bath, Acting Consul General of the Netherlands in Morocco-His Majesty the King of Portugal and the Algarves Jose Daniel Colaço, Commander of his order of Christ, Knight of the order of the Rose of Brazil, his Consul General near His Majesty the Sultan of Morocco-His Majesty the King of Sweden and of Norway Selim d'Ehrenhoff, Knight of the order of Wasa, his Consul General near his Majesty the Sultan of Morocco, and His Majesty the Sultan of Morocco and of Fez the literary Sid Mohammed Bargash, his Minister for Foreign affairs-who after having exchanged their full powers, found in good and due form have agreed upon the following articles. ARTICLE 1st His Majesty Scherifienne having in an interest of humanity ordered the construction at the expense of the Government of Morocco of a light House at Cape Spartel, consents to devolve, throughout the duration of the present convention, the superior direction and administration of this establishment on the Representatives of the contracting Powers. It is well understood that this delegation does not import any encroachment on the rights proprietary and of Sovereignty of the Sultan, whose flag alone shall be hoisted on the tower of the Pharos. ARTICLE 2d The Government of Morocco not at this time having any marine, either of war or commerce, the expenses necessary for upholding and managing the Light house shall be borne by the contracting Powers by means of an annual contribution the quota of which shall be alike for all of them. If hereafter the Sultan should have a naval or commercial marine, he binds himself to take share in the expenses in like proportion with the other subscribing Powers. the expenses of repairs, and in need, of reconstruction shall also be at his cost. ARTICLE 3d The Sultan will furnish for security of the Light house a guard composed of a Kaid and four soldiers, he engages besides to provide for, by all the means in his power, in case of war whether internal or external, the preservation of this establishment, as well as for the safety of the keepers and persons employed. On the other part the contracting Powers bind themselves, each so far as concerned, to respect the neutrality of the Light house, and to continue the payment of the contribution intended to uphold it, even in case (which God forbid) hostilities should break out either between them or between one of them and the Empire of Morocco. ARTICLE 4th The Representatives of the Contracting Powers charged in virtue of Article 1st of the present convention with the superior direction and management of the Light house shall establish the necessary regulations for the service and superintendence of this establishment, and no modification shall be afterward applied to these articles, except by common agreement between the contracting Powers ARTICLE 5. The present convention shall continue in force for ten years-In case, within six months of the expiration of this term, none of the high contracting parties, should by official declaration have made known its purpose to bring to a close so far as may concern it, the effects of this convention, it shall continue in force for one year more, and so from year to year, until due notice ARTICLE 6. The execution of the reciprocal engagements contained in the present convention is subordinated so far as needful to the accomplishment of the forms and regulations established by the constitutional laws of those of the high contracting Powers who are held to ask for their application thereto which they bind themselves to do with the least possible delay. ARTICLE 7. The present convention shall be ratified and the ratifications be exchanged at Tangier as soon as can be done. In faith whereof the respective Plenipotentiaries have signed and affixed thereto the seals of their arms. Done in duplicate original in french and in arabic at Tangier, protected of God, the fifth day of the Moon of Moharrem, Year of the Hegira 1282 which corresponds with the 31st of the month of May of the year one thousand eight hundred and sixty five. SEAL. SEAL. SEAL. SEAL. SEAL. SEAL. SEAL. SEAL. SEAL. SEAL. SEAL. JESSE H. McMATH. J. H. DRUMMOND HAY. ERNEST DALUIN. FRANCISCO MERRY Y COLOM. J. H. DRUMMOND HAY. ALEX'RE VERDINOIS. JOSÉ DANIEL COLAÇO. S. D'EHRENHOFF. [Signature of Sid Mohammed Bargash, in Arabic.] |