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TANGIER, December 1st, 1899. To His Excellency SIR A. NICOLSON,
H. B. M's. Minister, etc. etc. Tangier. SIR: I have the honor to inform Y. E. that I am in receipt of Instructions from my Government, authorizing me to enter into a reciprocal agreement with Y. E. for the mutual protection of Trade Marks registered in Great Britain and the United States against infringement in Morocco by subjects of the respective nations on the lines of that existing between the British and French Legation at Tangier. close for Y. E's. further information a copy of said Instructions. I have the honor to be, Sir, your obedient servant,
(Signed) S. R. GUMMERE.
United States Consul-General.
BRITISH LEGATION, TANGIER.
4th December 1899. SIR. I have the honour to acknowledge the receipt of your letter of the 1st instant informing me that you have been authorized by your Government to enter into a reciprocal agreement with me for the mutual protection of Trade-Marks registered in Great Britain and in the United States against infringement in Morocco by the subjects of the respective nations.
I beg to thank you for this communication and to assure you that it affords me much satisfaction to enter into this reciprocal agreement, and that henceforth protection will be afforded by the British Consular Courts in Morocco to Trade-Marks of citizens of the United States, which have been duly registered in Great Britain in conformity with the Patents, Designs and Trade Marks Acts 1883 to 1888. I have the honour to be, sir, your obedient servant,
(Signed) A. NICOLSON. Hon. S. R. GUMMERE,
United States Consul General, Tangier.
CONSULATE-GENERAL OF THE UNITED STATES OF AMERICA,
Tangier, December 6, 1899. His Excellency, Sir A. NICOLSON,
H. B. M's. Minister etc. etc. Tangier. SIR. I have the honor to acknowledge receipt of Your Excellency's letter of the 4th inst. and to thank you for the agreement, that henceforth protection will be afforded by the British Consular Courts in Morocco to Trade Marks of citizens of the United States, which have been duly registered in Great Britain in conformity with the Patents, Designs and Trade Marks Acts 1883 to 1888.
In reply, it gives me great pleasure to agree, on behalf of the Government of the United States, that henceforth Trade Marks of British citizens, having been duly registered in the United States of America, will be protected against infringement by such persons as come under the jurisdiction of the United States Consular Courts of Morocco. I am, Sir, your obedient servant
S. R. GUMMERÉ United States Consul General.
AGREEMENT BY EXCHANGE OF NOTES WITH GERMANY FOR THE
RECIPROCAL PROTECTION OF TRADE-MARKS IN MOROCCO.
Concludeil September 28-October 8, 1901.
TANGIER, September 28th, 1901. Mr. CONSUL-GENERAL:
1 I have the honor to acknowledge the receipt of your letter of the 26th inst., in which you inform me that you have been empowered by your Government to enter into a reciprocal agreement on the basis of that existing between the United States and Great Britain, by which Trade Marks registered in Germany and the United States will be protected against infringements by German and United States citizens in Morocco, by mutual protection of both Governments.
As I have already had the honor to point out in my letter of July 10th of this year addressed to the Consulate-General, the legal condition so far as Germany is concerned is already of such a nature, that American merchants are able to claim, without difficulty, the protection of German Consular Courts for Trade-Marks registered in Germany in their dealings with German subjects in Morocco. It will therefore be sufficient, in order to perfect a reciprocal agreement, that, in view of the powers granted to you by your Government, you should declare that the same protection should in future be extended in Morocco to Trade-Marks of German merchants, previously registered in the United States, by the U. S. Consular Courts in Morocco, against encroachments of American citizens.
If you could make such a declaration in the name of your Government, I should receive the same with Great pleasure, and I beg of you to receive the expression of my high consideration (Signed)
VON BRÜNING. Mr. S. R. GUMMERE,
Consul-General of the United States Tangier.
TANGIER, October 8th, 1901. DEAR SIR: I have the honor to acknowledge the receipt of your letter of the 28th of September, 1901, by which you inform me that the German law extends protection in Morocco to the foreign trade-marks duly registered in Germany.
Thanking you for this communication I hereby beg to assure you that the protection will be equally granted by the American consular authorities in Morocco to the German Trade Marks which have been duly registered in the United States in conformity with the laws. Accept, Sir, the assurance of my high consideration. (Signed)
S. R. GUMMERE. Monsieur VON BRUNING,
Charge d'Affaires of Germany.
TREATY OF AMITY AND COMMERCE.
Concluded September 21, 1833; ratification advised by the Senate June
23, 1834; ratified by the President; ratifications exchanged September 30, 1835; proclaimed June 24, 1837. (Treaties and Conventions, 1889, p. 744.)
This treaty was accepted by the Sultan of Zanzibar after the separation of that State from Muscat, and its Article III is amended by the treaty of June 5, 1903, between the United States and Great Britain, acting in the name of the Sultan of Zanzibar. (See p. 384.)
VII. Captures by pirates.
ARTICLE 1. There shall be a perpetual Peace between the United States of America and Seyed Syeed bin Sultan and his dependencies.
2. The Citizens of the United States shall have free liberty to enter all the Ports of His Majesty Seyed Syeed bin Sultan, with their Cargoes of whatever kind the said cargoes may consist, & they shall have the liberty to sell the same, to any of the subjects of the Sultan or others who may wish to buy the same, or to barter the same for any produce or manufactures of the Kingdom, or other articles that may be found there—no price shall be fixed by the Sultan or his Officers on the articles to be sold by the Merchants of the United States, or the merchandize they may wish to purchase-but the trade shall be free on both sides, to sell, or buy, or exchange on the terms & for the prices the owners may think fit-and whenever the said Citizens of the United States may think fit to depart they shall be at liberty so to do—and if any Officer of the Sultan shall contravene this Article, he shall be severely punished. It is understood & agreed however, that the articles of Muskets, Powder and Ball can only be sold to the Government in the Island of Zanzibar-but in all the other ports of the Sultan, the said munitions of war may be freely sold, without any restrictions whatever to the highest bidder.
3. Vessels of the United States entering any port within the Sultan's dominions, shall pay no more than five per centum duties on the cargo landed; and this shall be in full consideration of all import & export duties, tonnage, license to trade, pilotage, anchorage, or any other charge whatever. Nor shall any charge be paid on that part of the
cargo which may remain on board unsold, & re-exported—nor shall any charge whatever be paid on any vessel of the United States which may enter any of the Ports of His Majesty for the purpose of re-fitting, or for refreshments, or to inquire the state of the market.
4. The American citizen shall pay no other duties on export or import, tonnage, license to trade, or other charge whatsoever, than the nation the most favored shall pay.
5. If any vessel of the United States shall suffer Shipwreck on any part of the Sultans Dominions, the persons escaping from the wreck shall be taken care of and hospitably entertain'd, at the expense of the Sultan, until they shall find an opportunity to be return'd to their country—for the Sultan can never receive any remuneration whatever for rendering succour to the distress'd-and the property saved from such wreck, shall be carefully preserv'd and delivered to the owner, or the Consul of the United States, or to any authorized Agent.
6. The Citizens of the United States resorting to the Ports of the Sultan for the purpose of trade, shall have leave to land, & reside in the said Ports, without paying any tax or imposition whatever for such liberty, other than the General Duties on Imports which the most favored nation shall pay.
7. If any citizens of the United States, or their vessels, or other property shall be taken by Pirates, and brought within the Dominions of the Sultan, the persons shall be set at liberty, and the property restored to the owner if he is present, or to the American Consul, or to any authorized agent.
8. Vessels belonging to the subjects of the Sultan which may resort to any port in the United States, shall pay no other or higher rate of Duties or other charges, than the nation the most favored shall pay.
9. The President of the United States may appoint Consuls to reside in the Ports of the Sultan where the principal commerce shall be carried on; which Consuls shall be the exclusive judges of all disputes or suits wherein American Citizens shall be engaged with each other. They shall have power to receive the property of any American Citizen dying within the Kingdom, and to send the same to his heirs, first paying all his debts, due to the subjects of the Sultan. The said Consuls shall not be arrested, nor shall their property be seized, nor shall any of their household be arrested, but their persons, and property, & their houses shall be inviolate—Should any Consul however, commit any offence against the laws of the Kingdom, complaint shall be made to the President who will immediately displace him.
Concluded, Signed and Sealed, at the Royal Palace in the City of Muscat in the Kingdom of Aman the twenty first day of September in the year One thousand, Eight hundred & thirty three of the Christian Era, & the Fifty seventh year of the Independence of the United States of America, corresponding to the sixth day of the Moon called lamada Alawel, in the year of the Allhajra (Hegira) Twelve hundred and Forty Nine.
EDMUND ROBERTS. [Seal.] Whereas the undersigned Edmund Roberts a Citizen of the United States of America, and a resident of Portsmouth in the State of New Hampshire, being duly appointed a Special Agent by Letters Patent, under the Signature of the President and Seal of the United States of America, bearing date at the City of Washington the twenty sixth day of January, Anno Domini One thousand, eight hundred & thirty two, for negotiating & concluding a Treaty of Amity and Commerce between the United States of America, and His Majesty Seyed Syeed bin Sultan of Muscat. Now know ye, That I Edmund Roberts, Special Agent as aforesaid, do conclude the foregoing Treaty of Amity and Commerce, and every Article & Clause therein contain’d, reserving the same nevertheless, for the final ratification of the President of the United States of America, by and with the advice and consent of the Senate of the United States.,
Done at the Royal Palace, in the City of Muscat, in the Kingdom of Aman, on the twenty first day of September in the year of our Lord One thousand, eight hundred & thirty three, and of the Independence of the United States of America, the Fifty seventh, corresponding to the Sixth day of the Moon, called lamada Alawel, in the Year of Allhajra (Hegira) one thousand two hundred and Forty nine.