be common highways, and for ever -free, as well to the inhabitants of the -faid territory, as to the citizens of the united states, and thofe of any other states that may be admitted into the confederacy, without any tax, impoft, or duty therefor.

Article the fifth. There fhall be formed, in the faid territory, not lefs than three, nor more than five ftates; and the boundaries of the ftates, as foon as Virginia shall alter her act of ceffion, and confent to the fame, fhall become fixed and established, as follow, to wit; the western ftate, in the faid territory, fhall be bounded by the Miffiffippi, the Ohio, and Wabash rivers; a direct line drawn from the Wabash and Poft Vincent's, due north to the territorial line between the united states and Canada, and by the faid territorial line to the Lake of the Woods and Miffiffipi. The middle ftate fhall be bounded by the faid direct line, the Wabash, from Poft St. Vincent's to the Ohio; by the Ohio, by a direct line drawn due north from the mouth of the ·Great Miami to the faid territorial line, and by the faid territorial line. The eastern flate thall be bounded by the last-mentioned direct line, the Ohio, Pennfylvania, and the faid territorial line: Provided, however, that it is further understood and declared, that the boundaries of these three states, shall be subject fo far to be altered, that if congress fhall hereafter find it expedient, they fhall have authority to form one or two ftates in that part of the faid territory which lies north of an caft and weit line, drawn through the foutherly bend or extreme of Lake Michigan: and whenever any of the faid ftates fhall have fixty thoufand free inhabitants therein, fuch ftate fhall be admitted by its delegates, into the congrefs of the united itates, on an equal footing with the original ftates, in all refpects whatever; and fhall be at liberty to form

a permanent conftitution and ftate government: Provided the conftitution and government fo to be formed, fhall be republican, and in conformity to the principles contained in thefe articles: And fo far as it can be confiftent with the general intereft of the confederacy, fuch admiffion fhall be allowed at an earlier period, and when there may be a lefs number of free inhabitants in the ftate than fixty thousand.

Article 6th. There fhall be neither flavery nor involuntary fervitude in the faid territory, otherwife than in the punishment of crimes whereof the party fhall have been duly convicted: Provided always, that any perfon efcaping into the fame, from whom labour or fervice is lawfully claimed in any of the original states, fuch fugitive may be lawfully reclaimed and conveyed to the perfon claiming his or her labour or fervice as aforefaid.

Be it ordained by the authority aforefaid, that the refolutions of the 23d of April, 1784, relative to the fubject of this ordinance, be, and the fame are hereby repealed and declared null and void.

Done by the united states in congrefs affembled, the 13th day of July, in the year of our Lord, 1787, and of their fovereignty and independence the 12th.

and Thomas Jefferson, their minifters plenipotentiary, giving to them, or a majority of them, full powers to confer, treat, and negociate with the ambaffador, minifter, or commiffioner of his majefty the emperor of Morocco, concerning a treaty of amity and commerce, to make and receive propofitions for fuch treaty, and to conclude and fign the fame, tranfmitting it to the united ftates in congrefs affembled, for their final ratification: and by one other commiffion, bearing date the eleventh day of March, one thousand feven hundred and eighty-five, did farther empower the faid minifters plenipotentiary, or a majority of them, by writing under their hands and feals, to appoint fuch agent in the faid business, as they might think proper, with authority, under the directions and inftructions of the faid minifters, to commence and profecute the faid negociations and conferences for the faid treaty, provided that the faid treaty fhould be figned by the faid minifters and whereas the faid John Adams and Thomas Jefferfon, two of the faid minifters, (the faid Benjamin Franklin being abfent) by writing under the hand and feal of the faid John Adams, at London, October the fifth, one thousand feven hundred and eighty-five, and of the faid Thomas Jefferfon, at Paris, October the eleventh, of the fame year, did appoint Thomas Barclay, agent in the bufinefs aforefaid, giving him the powers therein, which by the faid commiffion they were authorised to give and the faid Thomas Barclay, in purfuance thereof, hath arranged articles for a treaty of amity and commerce between the united ftates of America, and his majesty the emperor of Morocco, which articles, written in the Moorish language, confirmed by his faid majefty, and fealed with his royal feal, being tranflated into the language of the faid united states of America, Vol. II. No. II.

together with the atteftations 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 fealed with our royal feal, at our court of Morocco, on the twentyfifth day of Shaban, in the year one thoufand two hundred, trusting in God it will remain permanent.

I. We declare that both parties have agreed, that this treaty, confifting of twenty-five articles, fhall be inferted in this book and delivered to the honourable Thomas Barclay, the agent of the united states, now at our court, with whofe approbation it has been made, and who is duly authorised on their part to treat with us concerning all the matters contained therein.

II. If either of the parties fhall be at war with any nation whatever, the other party fhall not take a commiffion from the enemy, nor fight under their colours.

III. If either of the parties fhall be at war with any nation whatever, and take a prize belonging to that nation, and there shall be found on board fubjects or effects belonging to either of the parties, the fubjects 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 fhall be at war, fhall be loaded in veffels belonging to the other party, they fhall pafs free and unmolefted, without any attempt being made to take or detain them.

IV. A fignal or pafs fhall be given to all veffels belonging to both parties, by which they are to be known when they meet at fea, and if the commander of a fhip of war of either party fhall have other fhips under his convoy, the declaration of the com

M

mander shall alone be fufficient to exempt any of them from examination.

V. If either of the parties fhall be at war, and shall meet a veffel at fea belonging to the other, it is agreed that if an examination is to be made, it fhall be done by fending a boat with two or three men only, and if any gun fhall be fired, and injury done without reafon, the offending party fhall make good all damages.

VI. If any Moor fhail bring citizens of the united states, or their effects, to his majefty, the citizens fhall immediately be fet at liberty, and the effects restored; and in like manner, if any Moor, not a fubject of thefe dominions, fhall make a 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 confidered as under his majelty's protection.

VII. If any veffel of either party fhall put into a port of the other, and have occafion for provifions, or other fupplies, they fhall be furnished without any interruption or moleftation.

VIII. If any veffel of the united ftates fhall meet with a difafter at sea, and put into one of our ports, to repair, fhe fhall be at liberty to land and reload her cargo, without paying any duty whatever.

IX. If any veffel of the united ftates fhall be caft on fhore on any part of our coafts, fhe shall remain at the difpofition of the owners, and no one fhall attempt going near her without their approbation, as the is then confidered particularly under our protection and if any veffel of the united ftates fhall be forced to put into our ports by ftrefs of weather, or otherwife, fhe fhall not be compelled to land her cargo, but fhall remain in tranquility, until the commander fhall think proper to proceed on his voyage.

X. If any veffel of either of the

parties fhall have an engagement with a veffel belonging to any of the chriftian powers within gun fhot of the forts of the other, the vetfel fo engaged fhall be defended and protected as much as poffible, until the is in fafety; and if any American veffel fhall be caft on fhore on the coast of Wadnoon, or any coaft thereabout, the people belonging to her, fhall be protected and affifted, until, by the help of God, they fhall be fent to their country.

XI. If we shall be at war with any chriftian power, and any of our veffels fail from the ports of the united ftates, no veilel belonging to the enemy fhall follow, until twenty-four hours after the departure of our veffels; and the fame regulation fhall be obferved towards the American vessels failing from our ports; be their enemies Moors or chriftians.

XII. If any ship of war belonging to the united states, fhall put into any of our ports, the fhall not be examined on any pretence whatever, even though the should have fugitive flaves on board: nor fhall the governor or commander of the place compel them to be brought on fhore on any pretext, nor require any payment for them.

XIII. If a fhip of war of either party fhall put into any port of the other, and falute, it shall be returned from the fort with an equal number of guns, not with more or lefs.

XIV. The commerce of the united ftates fhall be on the fame footing as is the commerce with Spain, or as that with the most favoured nation for the time being, and their citizens fhall be refpected and efteemed, and have full liberty to pafs and repass our country and fea ports, whenever they please, without interruption.

XV. Merchants of both countries fhall employ only fuch interpreters, and fuch other perfons to affift them in their bufinefs, as they fhall think proper. No commander of a vessel

fhall tranfport his cargo on board another veffel: he fhall not be detained in port longer than he may think proper; and all perfons employed in loading or unloading goods, or any other labour whatever, fhall be paid at the customary rates, not more and not less.

XVI. In cafe of a war between the parties, the prifoners are not to be made flaves, but to be exchanged one for another, captain for captain, officer for officer, and one private man for another; and if there fhall prove a deficiency on either fide, it shall be made up by the payment of one hundred Mexican dollars for each perfon wanting; and it is agreed that all prifoners fhall 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 perfon authorised by either of the parties.

XVII. Merchants fhall not be compelled to buy or fell any kind of goods but fuch as they fhall think proper; and may buy and feil all forts of merchandize but fuch as are prohibited to the other chriftian nations.

XVIII. All goods fhall be weighed and examined before they are fent on board, and to avoid all detention of veffels, no examination fhall afterwards be made, unless it fhall first be proved, that contraband goods. have been fent on board, in which cafe the perfons who took the contraband goods on board, fhall be punished according to the ufage and cuftom of the country, and no other perfon whatever fhall be injured, nor Thall the fhip or cargo incur any penalty or damage whatever.

XIX. No veffel fhall be detained in port on any pretence whatever, nor be obliged to take on board any article without the confent of the commander, who shall be at full liberty to agree for the freight of any goods he takes on board.

XX. If any of the citizens of the united flates, or any perfon under their protection, shall have any dif putes with each other, the conful fhall decide between the parties, and whenever the consul shall require any aid or affiftance, from our govern ment, to enforce his decifions, it shall be immediately granted to him.

XXI. If a citizen of the united ftates fhall kill or wound a Moor, or, on the contrary, if a Moor thall kill or wound a citizen of the united ftates, the law of the country shall take place, and equal juftice fhall be rendered, the conful affifting at the trial; and if any delinquent fhall make his efcape, the conful fhall not be anfwerable for him in any manner whatever.

XXII. If an American citizen fhall die in our country, and no will fhall appear, the conful fhall take poffeffion of his effects; and if there thall be no conful, the effects shall be depofited in the hands of fome perfon worthy of truft, until the party fhall appear who has a right to demand them,; but if the heir to the perfon deceased be prefent, the property fhall be delivered to him without interruption; and if a will fhall appear, the property fhall defcend agreeably to that will, as foon as the conful fhall declare the validity thereof.

XXIII. The confuls of the united ftates of America, fhall refide in any fea port of our dominions that they fhall think proper; and they fhall be refpected, and enjoy all the privileges which the confuls of any other nation enjoy; and if any of the citizens of the united states shall contract any debts or engagements, the conful fhall not be in any manner accountable for them, unless he fhall have given a promife in writing for the payment or fulfilling thereof, without which promife in writing, no application to him for any redrefs fhall be made.

XXIV. If any differences fhall arife by either party infringing on any of the articles of this treaty, peace and harmony thall remain, notwithftanding, in the fulleft force, until a friendly application fhall be made for an arrangement; and until that applica ion thall be rejected, no appeal fhall be made to arms. And if a war fhali break out between the parties, nine months fhall be granted to all fubjects of both parties, to difpofe of their effects and retire with their property. And it is further declared, that whatever indulgence in trade or otherwife, fhall be granted to any of the chriftian powers, the citizens of the united sta es fhall be equally entitled to them.

XXV. This treaty fhall 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 firit day of the bleffed month of Ramadan, in the year one thoufand two hundred.

I CERTIFY that the annexed is a true copy of the tranflation made by Ifaac Cordoza Nunez, interpreter at Morocco, of the treaty between the emperor of Morocco and the u

nited ftates of America. (Signed)

HOMAS BARCLAY. Additional article. Grace to the only God. I the under written the fervant of God, Thaher Ben Abdelkack Fennifh, do certify, that his imperial majefty my matter (whom God preferve) having concluded a treaty of peace and commerce with the united ftates of America, has ordered me, the better to complete it, and in addition to the tenth article of the treatv, to declare, that if any veffel belonging to the united states fhall be in any of the ports of his majefty's dominions, or within gun-fhot of his forts, the shall be protected as much as poffible, and no veffel what

ever, belonging either to Moorish or chriftian powers, with whom the united states may be at war, fhall 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 feal to it, on the 18th day of Ramadan, in the year one thousand two hundred. Signed)

The fervant of the king my mafter, whom God preferve, Thaher Ben Abdelkack Fennish. I do certify that the above is a true copy of the translation made at Morocco, by Ifaac Cordoza Nunez, interpreter of a declaration made and figned by Sidi Hage Thaher Fennith in addition to the treaty between the emperor of Morocco and the united states of America, which declaration the faid Thaher Fennish made by the express directions of his majefty.

(Signed)

THOMAS BARCLAY. And whereas the faid John Adams and Thomas Jefferfon, minifters plenipotentiary aforefaid, by writing under their refpective hands and feals, duly made and executed by the faid John Adams, on the 25th of January, 1787, and by the faid Thomas Jefferfon, on the ift day of January, 1787, did approve and conclude the faid treaty, and every article and claufe therein contained, referving the fame nevertheless to the united ftates in congrefs affembled for their final ratification.

Now be it known, That we the faid united states in congrefs affembled, have accepted, approved, ratified, and confirmed, and by these prefents do accept, approve, ratify, and confirm the faid treaty, and every article and clause thereof. IN TESTIMONY WHEREOF,

we have caufed our feal to be here. unto affixed; WITNESS his ex