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of the persons protected by them or by their Agents throughout the States of the Sultan of Morocco.
This list shall be transmitted to the local authorities, who shall consider as persons enjoying protection only those whose names are contained therein.
Consular officers shall transmit each year to the authorities of the district in which they reside a list, bearing their seal, of the persons protected by them. These authorities shall transmit it to the Minister of Foreign Affairs, to the end that, if it be not conformable to the regulations, the Representatives at Tangier may be informed of the fact.
A consular officer shall be required to give immediate information of any changes that may have taken place among the persons protected by his Consulate.
Servants, farmers and other native employees of native secretaries and interpreters shall not enjoy protection. The same shall be the case with Moorish employees or servants of foreign subjects.
Nevertheless, the local authorities shall not arrest an employee or servant of a native officer in the service of a Legation or Consulate, or of a foreign subject or protected person, without having notified the authority upon which he is dependent.
If a subject of Morocco in the service of a foreign subject shall kill or wound any person, or violate his domicile, he shall be arrested immediately, but the diplomatic or consular authority under which he is shall be notified without delay.
Nothing is changed with regard to the situation of brokers, as established by the treaties and by the convention of 1863,' except what is stipulated, relative to taxes, in the following articles.
The right to hold property is recognized in Morocco as belonging to all foreigners.
The purchase of property must take place with the previous consent of the Government, and the title of such property shall be subject to the forms prescribed by the laws of the country. .
Any question that may arise concerning this right shall be decided according to the same laws, with the privilege of appeal to the Minister of Foreign Affairs stipulated in the treaties.
Foreigners and protected persons who are the owners or tenants of cultivated land, as well as brokers engaged in agriculture, shall pay the agricultural tax. They shall send to their Consul annually, an exact statement of what they possess delivering into his hands the amount of the tax.
See p. 433,
He who shall make a false statement, shall be fined double the amount of the tax that he would regularly have been obliged to pay for the property not declared. In case of repeated offense this fine shall be doubled.
The nature, method, date and apportionment of this tax shall form the subject of a special regulation between the Representatives of the Powers and the Minister of Foreign Affairs of His Shereefian Majesty.
Foreigners, protected persons and brokers owning beasts of burden shall pay what is called the gate-tax. The apportionment and the manner of collecting this tax which is paid alike by foreigners and natives, shall likewise form the subject of a special regulation between the Representatives of the Powers and the Minister of Foreign Affairs of Ilis Shereefian Majesty.
The said tax shall not be increased without a new agreement with the Representatives of the Powers.
The mediation of interpreters, native secretaries or soldiers of the different Legations or Consulates, when persons who are not under protection of the Legation or Consulate are concerned shall be admitted only when they are the bearers of a document signed by the head of a mission or by the consular authority.
Any subject of Morocco who has been naturalized in a foreign country, and who shall return to Morocco, shall after having remained for a length of time equal to that which shall have been regularly necessary for him to obtain such naturalization, choose between entire submission to the laws of the Empire and the obligation to quit Morocco, unless it shall be proved that his naturalization in a foreign country was obtained with the consent of the Government of Morocco.
Foreign naturalization heretofore acquired by subjects of Morocco according to the rules established by the laws of each country, shall be continued to them as regards all its effects, without any restriction.
No irregular or unofficial protection shall be granted in future. The authorities of Morocco will recognize no protection, of any kind whatever, save such as is expressly provided for in this convention.
Nevertheless, the exercise of the customary right of protection shall be reserved for those cases only in which it may be desired to reward signal services rendered by a native of Morocco to a foreign power, or for other altogether exceptional reasons.
The Minister of Foreign Affairs at Tangier shall be previously informed of the nature of the services, and notified of the intention to reward them, in order that he may, if need be, present his observations thereon; yet the final decision shall be reserved for the Government to which the service shall have been rendered.
The number of persons thus protected shall not exceed twelve for each power, and this number is fixed as the maximnm unless the consent of the Sultan shall be obtained.
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.
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.
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. [SEAL.]
LUCIUS FAIRCHILD. SEAL.
E. DE SOLMS. SEAL.
E. LUDOLF. SEAL.
A. CÁNOVAS DEL CASTILLO. SEAL.
L. S. SACKVILLE WEST. SEAL.
J. GREPPI. SEAL.
MOHAMMED VARGAS. (en a farcitete.) SEAL.
CASAL RIBIERO. SEAL.
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.
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.
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.)
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.
See Zanzibar, p. 661.