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26, 1840. (2) Treaty providing for the payment of claims and the settlement of the dispute with reference to the General Armstrong, February 26, 1851. The sum of $91,727 was to be paid by Portugal in settlement of claims; and the case of the General Armstrong was to be referred to a friendly power. By a subsequent agreement the Emperor Napoleon III. was chosen, and the decision was in favor of Portugal. (See Snow's Cases and Opinions on International Law, § 38.)

ROUMANIA.-Convention concerning the Rights and Duties of Consuls, June 17, 1881.

SARDINIA. Treaty of Commerce and Navigation, November 26, 1838. Articles XV., XVI., and XVII. refer to the rights and duties of consuls; Article XVIII. to the disposal of personal property and real estate.

SERVIA. (1) Convention for facilitating and developing commercial relations, October 14, 1881. (2) Consular Convention, October 14, 1881.

SWEDEN. Treaty of Amity and Commerce, April 3, 1783. This treaty is similar to the previous commercial treaties with France and the Netherlands.

SWEDEN AND NORWAY.-(1) Treaty of Amity and Commerce, September 4, 1816. The Senate rejected the 3d, 4th, and 6th articles relating to reciprocal trade. (2) Treaty of Commerce and Navigation, July 4, 1827 (still in force). (3) Extradition, March 21, 1860. (4) Naturalization, May 26, 1869.

SWISS CONFEDERATION.-(1) Convention for the mutual abolition of the Droit d'Aubaine and taxes on Emigration, May 18, 1847. (See Droit d'Aubaine.) (2) Friendship, Commerce, and Extradition.

TWO SICILIES. (1) Convention for the settlement of claims growing out of the depredations inflicted upon American commerce by Murat during the years 1809, 1810, 1811, and 1812 October 14, 1832, and December 26, 1835. (2) Treaty of Commerce and Navigation, December 1, 1845. (3) Convention relative to the Rights of Neutrals at sea, January 13, 1855. Article I. The two high contracting parties recognize as permanent and immutable the following principles, to wit: 1st. That free ships make free goods; ... with the exception of contraband of war. 2d. That the property of neutrals on board an enemy's vessel is not subject to confiscation unless the same be con

traband of war. They engage to apply these principles to the commerce and navigation of all such Powers and States as shall consent to adopt them on their part as permanent and immutable."

(4) Convention of Amity, Commerce, and Navigation, and for the Extradition of Criminals, October 1, 1855.

III.

TREATIES AND CONVENTIONS

WITH

ASIATIC AND AFRICAN STATES.

BARBARY STATES.

[The early treaties with the Barbary States being of little historical interest, aside from the circumstances attending their negotiation, only one-the first in date, with Morocco will here be given in full.]

MOROCCO, 1787.

TREATY OF PEACE AND Friendship.

Concluded January, 1787. Ratified by the Continental Congress, July 18, 1787.

"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 sealed with our royal seal, at our court of Morocco, on the twentyfifth day of the blessed month of Shaban, in the year one thousand two hundred, trusting in God it will remain permanent."

ARTICLE I.-(Emperor's assent to the treaty.)-"We declare that both parties have agreed that this treaty, consisting of twenty-five articles, shall be inserted in this book, and delivered

to the Honorable Thomas Barclay, the agent of the United States, now at our court, with whose approbation it has been made, and who is duly authorized on their part to treat with us concerning all the matters contained therein."

ARTICLE II.--(Commissions from an enemy.)-" If either of the parties shall be at war with any nation whatever, the other party shall not take a commission from the enemy, nor fight under their colors."

ARTICLE III.-(Case of captures.)—"If either of the parties shall be at war with any nation whatever, and take a prize belonging to that nation, and there shall be found on board subjects or effects belonging to either of the parties, the subjects 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 shall be at war, shall be loaded on vessels belonging to the other party, they shall pass free and unmolested, without any attempt being made to take or detain them."

ARTICLE IV.-(Vessels to have passports.)-"A signal or pass shall be given to all vessels belonging to both parties, by which they are to be known when they meet at sea; and if the commander of a ship of war of either party shall have other ships under his convoy, the declaration of the commander shall alone be sufficient to exempt any of them from examination."

ARTICLE V. (Right of search at sea.)" If either of the parties shall be at war, and shall meet a vessel at sea belonging to the other, it is agreed, that if an examination is to be made, it shall be done by sending a boat with two or three men only; and if any gun shall be fired, and injury done without reason, the offending party shall make good all damages."

ARTICLE VI.-(Captured Americans to be set free.) "If any Moor shall bring citizens of the United States, or their effects, to His Majesty, the citizens shall immediately be set at liberty, and the effects restored; and in like manner, if any Moor, not a subject of these dominions, shall make 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 considered as under His Majesty's protection."

ARTICLE VII.-(Vessels in port to be supplied.)" If any ves

sel of either party shall put into a port of the other, and have occasion for provisions or other supplies, they shall be furnished without any interruption or molestation."

ARTICLE VIII.-(Vessels putting in port to repair.)-" If any vessel of the United States shall meet with a disaster at sea, and put into one of our ports to repair, she shall be at liberty to land and re-load her cargo, without paying any duty whatever."

ARTICLE IX.-(Shipwrecks.)-"If any vessel of the United States shall be cast on shore on any part of our coasts, she shall remain at the disposition of the owners, and no one shall attempt going near her without their approbation, as she is then considered particularly under our protection; and if any vessel of the United States shall be forced to put into any of our ports by stress of weather or otherwise, she shall not be compelled to land her cargo, but shall remain in tranquillity until the commander shall think proper to proceed on his voyage."

ARTICLE X.-(Vessels engaged within gun-shot of fort.)—"If any vessel of either of the parties shall have an engagement with a vessel belonging to any of the Christian Powers within gun-shot of the forts of the other, the vessel so engaged shall be defended and protected as much as possible until she is in safety; and if any American vessel shall be cast on shore on the coast of Wadnoon, or any coast thereabout, the people belonging to her shall be protected and assisted, until, by the help of God, they shall be sent to their country."

ARTICLE XI.-(Navigation in time of war.)-"If we shall be at war with any Christian Power, and any of our vessels sail from the ports of the United States, no vessel belonging to the enemy shall follow until twenty-four hours after the departure of our vessels; and the same regulation shall be observed towards the American vessels sailing from our ports, be their enemies Moors or Christians."

ARTICLE XII.-(Ships of war not to be examined.)—" If any ship of war belonging to the United States shall put into any of our ports, she shall not be examined on any pretence whatever, even though she should have fugitive slaves on board, nor shall the governor or commander of the place compel them to be brought on shore on any pretext, nor require any payment for them."

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