The status of persons who have obtained protection in virtue of the custom which is henceforth to be regulated by this stipulation shall be without limitation of the number of persons belonging to this class and now so protected, the same for themselves and their families as that which is established for other protected persons.

ARTICLE 17.

The right to the treatment of the most favored nation is recognized by Morocco as belonging to all the powers represented at the Madrid conference.

ARTICLE 18.

The convention shall be ratified. The ratifications shall be exchanged at Tangier with as little delay as possible.

By exceptional consent of the high contracting parties the stipulations of this convention shall take effect on the day on which it is signed at Madrid.

In faith whereof the respective plenipotentiaries have signed this convention, and have thereunto affixed the seals of their arms. Done at Madrid, in thirteen originals, this third day of July, one thousand eight hundred and eighty.

Regulations relative to protection adopted by common consent by the Legation of France and the Government of Morocco, August 19, 1863, referred to in Article 10.1

Protection is individual and temporary.

It consequently does not in general apply to the relatives of the person protected.

It may apply to his family, that is to say, to his wife and children living under the same roof. It lasts at the longest for a person's lifetime and is never hereditary, with the single exception of the Benchimol family, which has furnished for several generations and still furnishes persons who act in the capacity of Brokers and interpreters for the post at Tangier.

Protected persons are divided into two classes.

The first class comprises natives employed by the Legation and by the various French consular officers.

The second class consists of native factors, brokers, or agents, employed by French merchants for their business affairs. It is proper here to refer to the fact that the term merchant is only applied to a person carrying on the import or export trade on a large scale, either in his own name or as the agent of others.

The number of native brokers enjoying French protection is limited to two for each commercial house.

1See p. 431.

7468-28

By way of exception commercial firms having establishments in different ports may have two brokers attached to each of these establishments, who may as such enjoy French protection.

French protection is not extended to natives employed by French citizens in agricultural occupations.

Nevertheless, in consideration of the existing state of things, and by agreement with the authorities of Morocco, the benefit of the protection which has hitherto been granted to the persons referred to in the foregoing paragraph shall be extended to the said persons for two months from the first of September next.

It is, moreover, understood that agricultural laborers, herdsmen, or other native peasants, in the service of French citizens shall not be legally prosecuted without immediate information thereof being communicated to the competent consular officer, in order that the latter may protect the interests of his countrymen.

The list of all protected persons shall be delivered by the proper consulate to the competent magistrate of the place, who shall likewise be informed of any changes that may subsequently be made in the said list.

Each protected person shall be furnished with a card in French and in Arabic, mentioning his name and stating the services which secure this privilege to him. All these cards shall be issued by the Legation of France at Tangier.

TANGIER, Aug. 19, 1863

MUSCAT.

1833.

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.)

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..

1 See Zanzibar, p. 661.

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 Iamada 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 Iamada Alawel, in the Year of Allhajra (Hegira) one thousand two hundred and Forty nine. EDMUND ROBERTS.