TREATY OF MARRAKASH

The Treaty of Marrakash 1786-1836: The Translations

 

 

Arabic revision and regranted Treaty of 1836 after 50 year period
Translated and Revised by Abdul-Ali Muhammad
SEAL of 1786
Muhammad, Son of Abdullah, Son of Ishmail, Allah is His Protector and His Lord
He who takes the Messenger of Allah for his Helper, if the Lions encounter him in their jungles,
they will withdraw.
*SEAL of 1836
Abdur-Rahmaan Ibn Hisham, May Allah exalt Him

 

 

Preamble

 

 

All Praise is due to Allah. This is the written document of the articles of peace which We have
initially made with (Al Marikanuus) the Americans and which We have established in this Book
and We have sealed upon it Our Seal of the Honorable Descendants of Muhammad (Al
Sharrieff), in order that they remain forever, if it be the will of Allah. Written at Miknaasat of the
Olives on the third of Jumada Al Akhirah one thousand two hundred and fifty two.

 

The First article is that the articles mentioned in this book, being twenty-five
articles, have been agreed upon by both parties. That took place in the presence of
their agent and Plenipotentiary and Consul General James Leib, located at this time
in the well-preserved Tangier .

 

The Second article is that if there shall be war with any Nation whatever, no vessel of either of
the parties shall advance, and join under the Flag of the enemy, in assistance of the enemy,
neither from Our side nor from that of (Al Marikanuus) the Americans.

 

The Third article is that if war has been made with any Nation whatever, and a vessel has been
captured from people belonging to that Nation, and there is found on it a Muslim [Moor] or a
(Nasraa) Christian with Goods belonging to them, they shall be set free with their goods. Even if
they were carrying goods belonging to a Nation with whom we are at war, it shall not be taken
from them nor shall they be compelled to unload them, because of the peace prevailing between
us.

 

The Fourth article is there shall be a pass (alaamah) between us by which we may know each
other in travel . Whenever one of us meets a vessel, he will not examine it, but the declaration of
the commander will suffice concerning it with other vessels.

 

The Fifth article is if either of the parties shall be at War and shall meet a vessel traveling
belonging to the other (Party), it is agreed, that if an examination must be made, it will be done
by sending a vehicle with two or three men only; and if any arm is fired, and injury done,
without reason, the offending parties shall compensate the damage done.

 

The Sixth article is that if Muslims [Moors] shall capture people of Our Nation and bring them to
our Lord, He will set them free. Likewise if Muslims [Moors] from other than our domicile shall
capture them, and bring them into any of our ports, they shall be set free, because they are under
our protection and upon a covenant of peace with Us.

 

The Seventh article is if any vessel of either side shall come into the area of the other, and have
an occasion for provisions or other supplies, they will be provided for without any interruption or
molestation.

 

The Eighth article is that if any vessel meets with a disaster and makes a stop and unloads its
goods in order to repair, it will be free to reload its goods whenever it likes without paying duty
or anything.

 

The Ninth article is that if any vessel shall be cast on shore on any part of our coasts, it will be
left to itself that it may consider what suits it best, be it to sail out from another place, or to
transfer her goods or whatever else may be convenient to it. Nobody will approach it as it is
under our protection.. Likewise if a vessel enters a port or wind forces it into a port, it will not be
compelled to unload its goods, on the contrary it will remain under our protection until it sails
out by its own free will.

 

The Tenth article is that if any of the parties have an engagement with any * Nation, and the
engagement takes place near the town of one of the parties, We will assist each other against that
Nation until it is defeated or retreats, or if a vessel is cast ashore in Ouadnoun or in another
place, the Christians * aboard shall be under Our protection until they reach their country, if it be
the will of Allah.

 

The Eleventh article is if We are at war with any * Nation, and We are in a port and Our vessel
intends to travel out of the port, and a vessel of the enemy intends to pursue it, the latter will not
travel out in pursuit of it until twenty-four hours have elapsed: and likewise, vessels of (Al
Marikanuus) the Americans, if they are in a port during a war and they intend to travel out, no
vessel will pursue her until twenty-four hours have elapsed, be they vessels of the Muslims
[Moors] or the Christians *.

 

The twelfth article is that if a war-vessel will station into any of our ports, it will not be
examined, but will remain left to itself; and if there is a fugitive prisoner on board it, he will not
be brought ashore by compulsion, nor will the governor of the area where the ship stops demand
from the commander of the vessel the price of that prisoner.

 

The Thirteenth article is if a vessel of War of either party stations in a port of the other, and
salute, it will be returned from the fort with an equal number of salutes, not more or less.
The Fourteenth article is that the commerce will be the same as that of the Spaniards, and they
will be honored and go into the towns and seaports where they wish, without anyone bothering
them, and are as the most favored Nation with Us for the time being.

 

The Fifteenth article is that the merchants shall pursue their commercial activity, and if they wish
to employ assistants or interpreters, they will be free to do so. No goods will be transported from
one ship into the other, and no ship will be detained in the port; and if they wish to employ
people to assist them in matters concerning the cargo or otherwise they will not have to pay more
than other nations used to pay before them.

 

The Sixteenth article is that in case of War between the parties, the prisoners are to be exchanged
one for another. Captain for Captain, Officer for Officer, and one private man for another; and if
their prove to exist a deficiency on either side, it will be made up by the payment of one hundred
“riyal” for each person wanting. And it is agreed, that all prisoners will be exchanged in twelve
months from the time of their being taken, and that this exchange may be done by a merchant, or
any other person, authorized by either of the parties .

 

The Seventeenth article is that the merchants will not be compelled to buy merchandise, except
such as they like to buy by their free consent. The same rule is to be applied to sale, except in
cases concerning which there have prevailed agreements with other Christian Nations before
them, who carried them, in which cases there will be no difficulty.

 

The Eighteenth article is that goods to be loaded will be weighed and examined before they are
brought on board, in order that the ship will not be stopped because they have ascertained that
there is contraband on board. Now if this is the case, then only He who brought the contraband
will be punished, according to the usage applied to others before him, but the ship and its goods
and what belongs to it will be free from guilt.

 

The Nineteenth article is that no vessel will be detained in port on any pretence whatever, nor be
obliged to take on board any article without the consent of the Commander, who will be at full
freedom to agree for the freight of any goods he takes onboard.

 

The twentieth article is if a person of Our Nation or under Our Flag is guilty of misdemeanor, the
Consul of his Nation shall pass sentence Upon him. If the Consul wants the assistance of the
“Bashaa” (Governor or Mayor) of the city, it will be granted him.

 

The Twenty-first article is that if there has been killed a Christian * from among them, or the
Reverse (a Muslim [Moor]) or he is injured, then he will be judged according to the rules of the
“Shari’aa” (Divine Laws of the Holy Qur’aan), neither more nor less and the trial is to take place
in the presence of the Consul. If the delinquent escapes before having been sentenced the Consul
shall not be held responsible for him nor for the crime he committed .

 

The Twenty-second article is that if an (Al Marikanuu) American dies in our dominions and no
will exists, their Consul will supervise his estate and his goods, and if there is no Consul, the
effects will be deposited in the hands of some person worthy of trust until the party shall appear
who has a right to demand the goods, but if heirs exist, it will be given to the heirs without
interference, or if he has designated in a will signed with his hand, the person to whom the
property is to be delivered, then the question shall be submitted to the Consul for consideration.

 

The Twenty-third article is that the Consuls will be located at any seaport they desire, and they
will be respected like Consuls of other * Nations before them. If a person of their Nation has had
dealings with a Muslim [Moor] concerning money, and he has caused it to be lost, the Consul
will not be held responsible for it, unless the Consul has given a written declaration to that end,
in which case he will have to pay it. If he has not given such a declaration, then nobody has a
claim on him-as all the Consuls.

 

The Twenty-fourth article is that if either party should protest concerning any articles of the
peace Treaty, so that someone asserted a question and the other asserted a question and
contended that this was not according to the article, and the controversy should last a long time,
then peace is to be maintained and both parties have to argue in the best manner. If in the end
one of them does not agree to the Treaty of Peace and strenuously declines, so that war is
declared, then nine months will be granted for all merchants to remove their goods. Whenever
Our Lord (The Khalifa) shows a favor to any * Nation, we (The Americans) shall partake in it .
The Twenty-fifth article is that this treaty of peace shall remain permanent, if it be the will of
Allah, by the might and power of Allah, a period of fifty years, and it will continue to be in force
between the two parties in accordance with the prevailing rule until either of the parties gives
notice to the other in a period from a year, of his intention to abandon it, in which case it will
cease at the end of that year.
This next Translation is by a German scholar Dr. C. Snouck Hurgronje of Leiden Germany…
The Arabic original of this treaty and the English translation thereof of 1786 have been
examined by Dr. C. Snouck Hurgronje, of Leiden, whose comments and notes, and translation of
various articles, are as follows:

 

[The Seal]

 

The inner circle of the seal contains the name “Muhammad, son of Abd’allah, son of Isma’il, God
is his protector and his Lord.” The border of the seal contains the verse taken from the
well-known poem in praise of the Prophet, called the Burdah, which verse occurs in several
other seals of these North African documents: “He who takes the Apostle of God for his helper,
if the lions encounter him in their jungles, they will withdraw.”

 

Praise be to God! This is the written document of the articles of peace which we have established
with the Americans [Marikanos] and which we have confirmed in this book and sealed with our
seal, in order that they may remain permanent, if God please. Written in Murakush [Marrakash]
the twenty-fifth of the blessed month of Shaban of the year two hundred and thousand.

 

I have given this literal translation of the introduction merely as a specimen, although it presents
no essential difference from the translation of 1786. I have not thought it necessary to note all the
merely formal differences occurring in the translation of the articles where they do not in the
least affect the meaning.

 

 

The first article is that these articles mentioned in this book, being twenty-five articles, have
been agreed upon by both parties. That took place in the presence of their agent, the Honorable
Thomas Barclay, who came here from the side of the American States [Estados al-Marikanos]
and whom they had sent to supervise their affairs and their treaty of peace with us.

 

 

The second article is that if there shall be war with any nation whatever, no ship of either of the
parties shall sail out and take the colors of the enemy, going to help the enemy, neither from our
side nor from that of the Americans.

 

 

The third article is that if war has been made with any nation whatever, and a ship has been
captured from people belonging to that nation, and there shall be found on board a Moslem or a
Christian with goods belonging to them, they shall be at liberty with their goods. Even if they
were carrying goods belonging to a nation with whom we are at war [such goods] shall not be
taken from their hands nor shall they be compelled to unload them, for the sake of the peace
prevailing between us and them.

 

 

The fourth article. There shall be a signal [instead of “signal or pass” the original has only one
word, ‘alamah’, meaning “signal,” “sign,” “token”] between us by which we may know each other
at sea. Whenever one of us meets a warship, he shall not examine it, but the declaration of the
commander shall suffice him concerning her [the warship] with other ships.

 

 

The fifth article. “If either of the parties shall be at war”- the original has only “if there shall be
war.”

 

 

The sixth article is that if Moslems shall capture people of our [meaning here the American]
nation or their goods and bring them to our [here meaning of the Moroccans] Lord (may God
give him victory!), he will set them at liberty. Likewise, if Moslems from other than our
dominions shall capture them and bring them into any of our ports, they shall be set at liberty,
because they are under our protection and on terms of peace with us.

 

 

The seventh article. Instead of “interruption” the original has a word meaning “difficulty”.

 

 

The eighth article is that if any vessel meets with a disaster and runs ashore and unloads her
cargo in order to repair, she shall be at liberty to reload her cargo whenever she likes without
paying duty or anything.

 

 

The ninth article is that if any vessel shall be cast on shore on any part of our coasts, she will be
left to herself that she may consider what suits her best, be it to sail out from [by] another place
or to transfer her cargo, or whatever else Nay be convenient to her. Nobody shall approach her,
as she is under our protection. Likewise, if a vessel enters a port or wind forces her to put into a
port, she shall not be compelled to unload her cargo; on the contrary, she shall remain under our
protection until she sails out by her own free will.

 

 

The tenth article is that if any of the parties shall have an engagement with any Christian nation,
and the engagement takes place near a town of one of the parties, we shall help each other
against that nation until she be defeated or have gone away; or if a vessel shall be cast ashore in
Ouadnoun or in another place, the Christians being aboard shall be under [our] protection until
they reach their country, if God please.

 

 

The eleventh article is that if we are at war with any Christian nation, and we shall be in a port
and our ship intends to sail out of the port, and a ship of the enemy intends to pursue her, the
latter shall not sail out in pursuit of her until twenty-four hours have elapsed; and likewise, ships
of the Americans, if they are in a port during a war and they intend to sail out, no ship shall
pursue her until twenty-four hours have elapsed, be they ships of the Mohammedans or of the
Christians.

 

 

The twelfth article is that if a warship shall put into any of our ports, she shall not be examined
but shall remain left to herself; and if there should be a fugitive prisoner on board her, he shall
not be brought ashore by compulsion, nor shall the governor of the dominion where the ship
stops demand from the commander of the ship the price of that prisoner.

 

 

The thirteenth article is without any important difference from the translation of 1786.
The fourteenth article is that the commerce of the merchants shall be on the same footing as that
of the Spaniards, and they shall be honored and go in the towns and seaports where they like,
without anybody bothering them, and they shall be like the most favored nation with us for the
time being.

 

 

The fifteenth article is that the merchants shall pursue their business, and if they wish to employ
assistants or interpreters, they shall be free to do so. No cargo shall be transported from one ship
into another, and no ship shall be detained in the port; and if they wish to employ people to assist
them in matters concerning the cargo or otherwise, they shall not have to pay more than other
nations used to pay before them.

 

 

The sixteenth article has been well rendered in all essentials in the translation of 1786, but the
words “are not to be made slaves” are not in the original, and the “Mexican dollar” is represented
in Arabic by “royal” only.

 

 

The seventeenth article is that the merchants shall not be compelled to buy merchandise, but
such as they like to buy by their free consent. The same rule is to be applied to sale, except in
cases concerning which there have prevailed customs with other (Christian nations before them,
who carried them [the goods?], in which cases there will be no difficulty. [The meaning of the
latter stipulation is not clearly expressed in the Arabic text.]

 

 

The eighteenth article is that goods to be loaded shall be weighed and examined before they are
brought on board, in order that the ship may not be detained because they have ascertained that
there is contraband on board. Now if this be the case, then only he who brought the contraband
shall be punished, according to the usage applied to others before him, but the ship and its cargo
and what belongs to it shall be free from guilt. [Possibly the Arabic text intended to say what is
said in the translation of 1786, but in that case the attempt has entirely failed. Thus there is no
_expression corresponding to “unless” of that translation.]

 

 

The nineteenth article requires no correction.
The twentieth article is that if a person of our [can only mean hero the American] nation or under
our flag is guilty of misdemeanor, the Consul of his nation shall pass sentence upon him. If the
Consul wants the assistance of the officials of the Pasha of the place, it shall be granted to him.

 

 

The twenty-first article is that if there has been killed a Christian out of them or the reverse [sic]
or has wounded him [sic], then he will be sentenced according to the rules of the Sacred
[Mohammedan] Law, neither more nor less, and the trial is to take place in the presence of the
Consul. If the delinquent escapes before having been sentenced, the Consul shall not be held
responsible for him nor for the crime he committed. [The redaction of Article 21 is extremely
inept.]

 

 

The twenty-second article is that if an American citizen shall die in our country and no will shall
appear, their Consul shall supervise his estate and his goods [merchandise], 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 heirs of his are present, [the property]
shall be given to the heirs without interference, or if he has designated in a will signed with his
hand, the person to whom the property is to be delivered, then the question shall be submitted to
the consideration of the Consul.

 

 

The twenty-third article is that the Consuls shall reside in any seaport they like, and they shall be
respected like [consuls of] other (Christian nations before them. If a person of their nation has
had dealings with a Moslem concerning money, and he has caused it to be lost, the Consul shall
not be held responsible for it, unless the Consul has given a written declaration to that effect, in
which case he shall have to pay it. If he has not given such a declaration, then nobody has a
claim upon him-like [this is the case with] all the consuls.

 

 

The twenty-fourth article is that if either party should protest concerning any articles of the peace
treaty, so that one asserted a question and the other asserted a question and contended that this
was not according to the article, and the controversy should last a long time, then peace is to be
maintained and both parties have to argue the best they can. If in the end one of them does not
agree to the treaty of peace and strenuously declines [or “if neither of them agrees to the treaty of
peace and both strenuously decline”], so that war is declared [literally “put into action”], then
nine months shall be granted to all the merchants to remove their goods. Whenever our Lord [i.
e., the Emperor of Morocco] shows a favor to any (Christian nation, we [i. e., the Americans]
shall partake in it.

 

 

The twenty-fifth article is that this treaty of peace shall remain permanent, if God please, by
God’s might and power, a period from [“of” is evidently meant] fifty years. We have delivered
this book to the above-mentioned Thomas Barclay on the first day of the blessed Ramadan of the
year two hundred and thousand .