The New-York packet — New York [N.Y.], 1787-07-24 00:00:00, page 2

The UNITED STATES of AMERICA, in CON
■ GRESS aflembled,
To all who'fliall lee these Presents Greeting.
WHEREAS the United States of America in
Congress aflembled, by ‘their commission
earing date the twelfth day of May, one thousand
i. cn hundred arid eighty-four,-thought proper to
constitute John Adams, Benjamin Franklin, and
‘Thomas 'JefferJon, their Miniflers Plenipotentiary,
giving to them, or a majority of them, full powers
to confer; treat and negotiate with the Ambaflador,
Miniller or Commissioner of his Majesty the Empe
ror of Morocco concerning a Treaty of Amity and
Commerce, to make and receive proportions for
such Treaty, and to conclude and sign the dame,
trans nitting it to the United States in Congress as
sembled, for their final ratification.
And by one other commission bearing date-the
eleventh day of March, one thousand seven hundred
and eighty-five, did farther empower the said Mi
nisters Plenipotentiary, or a majority of them,'by
•writing under their hands and seals, to appoint Inch
Agent in the-said bufmefs as they might think pro
per, with authority under the directions and in
druClions of the said Miniflers to commence and
prosecute the fai'd negociations and conferences for
the said Treaty, provided that the said Treaty
should be signed by the said Miniflers: And whereas
the faid'John Adams and Thomas Jeffcrfcn,'two
of the said Miniflers Plenipotentiary (the said Ben
jamin Franklin being ablent) by writing under the
hand and seal of the laid John Adams, at London,
October the fifth, one thousand [even hundred and
eighty-five, and of the said Thomas Jefferfon, at
Faris, October the eleventh, of the fame year, did
appoint Thomas Barclay, Agent in' the business a
forefaid, giving him the powers therein, which by
the said second commission they were authorized to
give, and the said Thomas Barclay in pursuance
thereof, hath arranged articles fora Treaty of Amity
and Commerce between the United States of Ame
rica and hi Majesty the Emperor of Morocco, which
articles, written in the Arabic language, confirmed
by his Ibid Majesty, the Emperor of Morocco, and
sealed with his royal seal, being trahflated into the
language of the said United States of America, to
gether with the attestations thereto annexed, arean
rhe following words, to wit:
In the name of Almighty God.
THIS is a Treaty of Peace and Frimdlbip efta
bliihed between us and the United States of Ameri
c?. v.-T-b is confirmed, am! which we have order
ed to be written in this book and sealed with our
rovu ical at our Court of Morocco, on the twenty
fifth day of the blessed month of Shaban, in the
year one thousand two hundred, trusting in God it
•willremain permanent;
I. WE declare that both parties have agreed that
this Treaty, confiftmg of twenty-five articles, fliall
be inserted in this book and delivered to the Honor
able Thomas Barclay, the Agent of the United
States now at our court, with whole approbation it
has been made, and who is duly authorized on their
part to treat with us concerning all the matters con
tained therein.
11. If either of the parties shall be at war with
any nation whatever, the other party fliall not take
a commission from the enemy, noh fight under their
colours.
111. 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 boardfub
jedls or effects belonging to either of the parties,
thefubjeCts fliall be fetal liberty and the effects re
turned to the owners. And if any goods' belonging
to any nation, with whom either of the parties fliall
be at war, fliall be loaded on veflels belonging to the
other party, they fliall pass free and unmoieied
without any attempt being made to take or detain
them.
IV. A signal or pass fliall be given to ail veflels
belonging to both parties, by which they are to be
known when they meet arfea, and if the command
er of a fliip of war of either party fliall have other
ships under his convoy, the declaration of the com
mander shall dlone he fufficient to exempt any of
them from examination.
V. If either of the parties fliall be at war, and
shall meet a vessel at lea belonging to the other, it
is agreed that if an examination is to be made, it
fliall be done by-fending a boat with two or three
men only, ami if any gun fliall be-fired and injury
done without reason, the offending party fhallmake
good all damages.
VI. If any Moor shall firing citizens of the Uni
ted States or their effects to his Majesty., the .citizens
shall immediately be set at liberty and the effedis re
stored, and in like manner, if any Moor, not a
fubjeCt of these dominions, fliall make prize of any
cf the citizens of America or their effedls, and bring
them into any of the ports of his Majesty, they fliall
he immediately re'eafed, as they will then be conii
dered as under his Majesty’s protection.
VII. If any vessel of either party shall put into a
port of the other, and have occasion for provilions
or other supplies, they shall be furniflied without
any interruption or molestation,
VIII. If any vessel of the United States shall meet
with a disaster at sea, and put into one of our ports,
to repair; file fliall be at liberty to land and re-load
her cargo without paying any duty whatever.
IX. If any vessel of the United States fliall be cast
on shore on any part of our coasts, she shall remain
at the disposition of the owners, and no one fliall
attempt going near her without their approbation,
as she is then considered particularly under our pro
tection; and if any vessel of the United States fliall
be forced to put into our ports by stress of weather
or otherwise, the shall not b'e,compelled to land her
cargo, but fliall remain in tranquility until the com
mander shall think proper to proceed on his voyage.
X. If any vessel of either of the parties fliall 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 lafe
ty ; and if any American veflel fliall be cast on shore
on the coast of Wadnoan, or any coast thereabout,
the people belonging to her shall be projected and
aflifted, until, by the help of God, they shall be sent
to their country.
XI. If we fliall be at war with any Christian
power, and any of our veflels fail from the ports of
t :e United States, no vessel belonging to the enemy
fliall follow until twenty-four hours after the depar
ture of our veflels; and the fame regulation shall
be observed towards the American veflels failing
from our ports; —ks their enemies Maors or Chris
tians.
XII. 4f any'fhip of wxr belonging to the UniteJ *
Statesfthall put into any of our ports, she shall not be
examined on any„.pretence whatever, even though
she should have fugitive slaves on boards nor shall the
Governor orComnaander of the place compel them to
be brought on shore on any pretext, nor require any
payment for them.
XIII. If a fliip of war of either party shall put in
to any port of the other and salute, it shall be return
ed from the fort with an equal number of,. guns,
not with more ordefs.
XIV. The commerce of the United States shall
be on the fame footing as is the commerce with
Spain, or as that with the most favored nation for
the time being, and their citizens shall be refpeCled
and esteemed and have full liberty to pass and re
pafs our country and sea ports whenever they please,
without interruption.
XV. Merchants of both countries fliall employ
only such interpreters, and such other persons to
assist .th.em in their business, as they shall think pro
per. No commander of a veflel fliall transport his
cargo on board another vessel; he shall not be de
tained in port longer than he may think proper;
and all persons employed in loading or unloading
.goods, or in any other labour whatever, shall be
paid at the customary rates, not more and not less.
XVI. In case of a war between the parties, the
prisoners are not to be made slaves, but to be ex
changed one for another, Captain for Captain, offi
cer for officer, and one private man for . another;
and if there fliall prove a deficiency on either fide,
it fliall be made up by the payment of one hundred
Mexican dollars for each person wanting; and it
is agreed that all prisoners fliall be exchanged in
twelve months from the time of their being taken,
and that this exchange may be effected by a mer
chant, or any other person authorifed by either of
the parties.
XVII. Merchants fliall not he compelled to buy or
fell any kind of goods but such as they fliall think
proper ; and may buy and fell all forts of merchan
dize but such as are prohibited to the other Chris
tian nations.
XVIII. All goods shall be weighed and examined
before they are sent on board, and to avoid all de
tention of veflels, no examination shall afterwards
be made, unless it shall firft be proved,, that con
traband goods have been sent on board, in which
case the persons who took the contraband goods on
board, shall be punished according to the ulage and
custom of the country, and no ether person what
ever shall be injured, nor shall the fliip or cargo in
cur any penalty or damage whatever.
XIX. No vessel shall be detained in port on any
pretence whatever, nor be obliged to take onboard
any article without the consent of the commander,
who shall be at full liberty to agree for the freight
of any goods he takes onboard.
XX If any of the citizens ©f the United States,
or any person under their protection,' shall have
any disputes with each other, the Consul shall de
cide between the parties, aud whoever the Consul
shall requireany aid, or affiftar.ee from our govern
ment, to enforce his decisions, it shall be immedi
ately granted to him.
XXL If a citizen of the United States shall kill
or wound a Moor, or on the contrary, if a -Moos
shall kill or wound a citizen of the United Stdtes,
the law of the country shall take place, and equal
justice shall be rendered, the Consul assisting at the
trial, and if any delinquent shall make his escape,
the Consul shall not be anfwerabie for him in any
manner whatever.
XXII. If an American citizen fliall die in our
country, and no will shall appear ; the Consul shall
take pofleffion of his effedls, and if there shall be no
Consul, the effeefts shall bedepofitrd in the hands of
some person worthy of trust, until! the party fliall
appear who has a right to demand them, but if the
heir to the person decealed be present, the property
shall be delivered to him without interruption ; and
if a will shall appear, the property shall defeend
agreeable to that will, as ffion as the Consul shall
declare the validity thereof.
XXIII. The Consuls of the United States of A
pierica, fliall reside in any sea-port of our domini
ons that they fliall think proper; and they fliall lie
refpe^ed, and enjoy all the privileges which the
Consuls of any ether nation enjoy, and if any of the
citizens of the United States fiuill contrail any debts
or engagements, the Consul shall not be in any man
ner accountable for them, unless he fliall have given
a promise in writing for the payment of fulfilling 1
thereof, without which promise in writing, no ap
plication to him for any redress fliall be made.
XXIV. If any differences fliall arise by cither par
ty infringing on any of the articles' of this Treaty,
peace and harmony shall remain, notwithstanding in i
the fulleft force, until a friendly application fliall be
made for an arrangement, and until that applica
tion shall be rejected, no appeal sh ill be made to
arms. And if a war shall break out between the
parties, nine months shall he granted to aHthefub
jetfts of both parties, to difpole of their effcAs and
retire with their property. And it isfurther declared,
that whatever indulgence in-trade or otherwise, shall
be granted to any of the Christian Powers, the ci
tizen^ of the United States fliall be equally entitled
to them.
XXV. This Treaty shall continue in full force,
with the help of God, for joyears.
We have delivered this hook into the hands of the
before, mentioned Thomas Barclay, on the firft day
of the blessed month of Ramadan, in the year one
thousand two hundred.
I CERTIFY that the annexed is a true copy of
the ti'OHation made by Isaac Cordoza Nunez,- In
terpreter at Morocco, of the Treaty between the
Emperor of Morocco and the United States of A
merica. (Signed)
THOMAS BARCLAY.
ADDITIONAL ARTICLE.
I the underwritten, the servant of God, Thaher
Ben Abdelkack Fennifo, do certify, that his Impe
rial Majefly, my mailer (whom God preserve) hav
ing concluded a Treaty of Peace and Commerce
with the United States of America, has ordered me,
tke better to compleat it, and in addition to the
tenth article of the Treaty, to declare, “ That, if
any velfel belonging to the United States shall be in
any of the ports of his Majefly’s dominions, or
within gun-foot of his forts, foe shall be protected
as much as possible, and no veflel whatever, belong
ing either to Moorifo or Christian powers, with
whom the United States may be at war, shall be
permitted to follow or engage her, as we now
deem the citizens of America our good friends.”
Grace to the only God.
May 13. It appear? by accounts from Utrecht,
dated the aid of May, that nothing more had hap
pened lince the fkirmifo between the Count de Witt
zenftein and the regirtient of Thuyl; but that the
States «f Amersfort had wrote a letter of complaint
to the States of Holland, againlt the legion of Salm,
for having violated the territory of Utrecht, in an
hostile manner ; which letter is referred do a Com
mittee, who are ordered to write to General Reyf
fel, to make cnqpiqypnto the complaint, and to re
port the fame to the States of Holland.
May 24. The origin of the present diflentions in
Holland, and the cause of the late ikirmifo between
the, regulars and Burghefs of the,province of Utrecht
is not clearly underllood. The troops are supposed
to have fought under the banners ©f the Stadthold
er. But this is not the fadt, the origin of the dis
pute arises from the following’ circiimftances:
About twelve months ago, the city ofUtrecht new
formed their Council, according to a plan suggested
by the patriotic party. This was deemed, by the
States of the province an infringement on their so
vereign authority, and a violation of the union.
The city pursued violent steps, and the States from
that time withdrew from Utrecht, and held their
Councils at Amesfort Various negociations have
been entered into, but they have all failed ; and
And, in obedience to his Majesty’s commands, I
certify this declaration, by putting my hand and
seal to it, on the ißth day of Ramadan, -in the year
one thoufand.two hundred.
(Signed)
-The servant of the King, lay master,
whom God preserve,
Taker Ben AhdelTack Fenni/h.
'I "do certify that the above is a true copy of the
translation made at 'Morocco, ^by Isaac Cordoza
Nunez, interpreter,of a declaration made and sign
ed by Sidi Hage Taher Fennifh, in addition to the
Treaty between the Ehnperor of Morocco zand'the
United States of America, - which declaration, the
said Taher Fennifh made by the express directions
-of hisMajefty. *
, (Signed) " THOMAS BARCLAY.
And vVhereas the said John Adams and Thomas
Jefferfon, Miniflers Plenipotentiary aforefaid, ’by
writing under their refpeClive hands and seals, duly
made and executed by the said John Adams on the
15th January, 1787, and by the faidThomas'Jeffer
fon, on theist day of January, 1787, did approve
and conclude the said Treaty and every article and
clause therein contained, reserving the fame never
theless to the United States in Congress aflembled
for their-final ratification.
Now be it known, That we the said United
States of America in Congress aflembled, have ac
cepted, approved, ratified and confirmed, and by
these presents do accept, approve, ratify-and con
firm'the said Treaty, and every article and clause
/thereof.
IN TESTIMONY WHEREOF, we have caused
- our seal to be hereunto affixed ; WITNESS his
'Excellency ARTHUR St. CLAIR, our Presi
dent, at the city of New-York, this eighteenth
day of July,, in the year of our Lord, one thou
sand -seven hundred and eighty seven, and in the
twelfth year of our sovereignty and-indepeud-
i snee.
The baggage, &c. taken from the enemy.
A military chest, containing 40,000 florins.
,30 cheils belonging to the officers.
260 muskets.
.4 elpontoons.
1 z drums.
1 horse belonging to she Major-.
109 hats.
<2 grenadier capt.
With a quantity of swords, belts, T.c,
This civil disturbance is not likely to end here,
and it is more than probable that the eatife of the in
habitants of Utrecht will be powerfully supported
by the States of Holland, their noble and great
mightinesses having their General, Van Ryffel, t®
-march diredtly to their assistance, in case, any fur
ther disturbance Ihoulil happen. Mean while the
States of, Amesforty in whole, department, lies the
city of Utrecht, haying concerted m,cqfures with thp
Stndthoider, ( are to fend mor.e military forces, to
the amount of thr,ee pr four regiments, against the
,above city. pretence is 4.0 flanp on the defen-
five; they even very Ipudly blame the pondudl of
Compte dTfferen fo,yhavjpg,exceeded his orders.
Among the woupjed was a-bbyiTwelve years of
age, who Was shot Jhfough the belly by a.muiket
ball.; and, being carried into’thp city.qf Qtre^ht on
a board, he exclainje.di I arnnot ypy dead, and
.Hill a Patriot !*’ '
It is said, that the English Arhbaffadof at the
Hague w'iU return home in a few days, qp account
of the disturbances in Holland, which are become fe
serious, that other powers must interfere
The intelligence communicated some days finee to
the public, relative to a civil -war having broke out
in Holland, is now confirmed by the mails which
arrived yesterday. Oh the ninth day of this
month an adlion between thp patriotic- party, as
they are termed, and the regular troops, h -okplace
near Utrecht, in which numbers were killed .and
wounded.
The following.afe thp particulars;. the was
between the city militia of Utrecht, and a body of
three hundred and fifty regulars,under the command
of Colonel Cqrnpte d’Efferen. It appears upon the
whole, that the latter were the aggreffqrs, and that
the com standing officer of the city free corps was
firft shot by a.party who laid in anabulh to surprise
his followers, ftlhe Burghers re-entered the city on
the 10th at night, and were.received by torch-light,
amongst the acclamations of their fellow citizens.
The Captain CpgyQianibnt Wiffcher, and Mynheer
Vander Vierk, were killed on the spot.
The number of the killed and wounded in the above
adlion i, not yet au?henticaliy afeertained—if is re
ported that there were
Of the provincial troops.
Killed -— — 100
Taken prisoners — --17
Andon the patriotic fide.
Killed —— 7
Wounded —— 30
Uis Britannic- Mstjeffs 'Packet Grantham, Catt.
Bull, arrived at this fort on Saturday last,. in >s,i
- days from Falmouth ; by ■‘uihich we have received
idbefollo<Luing
FOREIGN .ADFICES..
fL O N D O N, May
fune 7. By J tiers immediately from Holland,
we are informed, that the utmost tumnlts and con
fufmn, approaching to a general rebellion, prevail
■at Amsterdam. Fourteen of the Stadtholder s party
were leized by the patriots of that country, and
hanged in the public streets the next day.—Military
law is now proclaimed; all orders for payment of
money from the banks reje&ed ; two cannon placed
in the house of the Hopes, and every window of
the wealthy planted with mufquetry, for the pro
tcdlion of. their lives and property.
Extraß of a letter from Lijbon, May
“ A Regufan vessel from Algiers, whid; put in
at this port a few days finee, brings wry disagree
able intelligence of that place. In the spare of 2d
days last month, there have died 4000 persons; up
wars of 300 died every day before the mortality
•ceased. For all this, the corsairs of that regency
have ventured out, and taken three Neapolitan
fllips. The Neapolitan Commis waited upon the
Dey to complain of this infraction of the truce,
which does not expire until the end of this month ;
but the Dey answered, that that fliort suspension of
arms concerned only Neapolitan ships of war.”
The French mail arived yeftrday brought the
following letter:
By an original letter received front the Sieur
Beauchamp, Vicar General of Babylon, dated at
Bagdat the Bth February, 1787, we’are informed,
that he has perfeCled the establishing an observatory
at that place, on die fame spot where Astronomy
took its birth 3000 years ago. That by several ob
servations lately made, a number of. errors have
been difeovered refpeCting the inpidian stars, >.s
placed in the British catalogue. lie, propofex! to pro
ceed in March to Guilan, bn the borders of the Cas
pian Sea. Persia is not yet freed from civil war ;
and Bagdat is- likely to experience the fame fate,
the Arabs having revoked ever fined the retreat of
Soliman Bey. ’ A report prevailed wh-n the letter
came away, that the plague had-broke out at Ailep
poj and that it had made great ravages at Damascus,
but it rarely ever reaches Persia. The ordinary
bread and corn fold at Bagdat at five times the usu
al price when tins information left that place, and
there was every appearance of an approaching fa
mine.
Advices from the Hague‘fay, that a negociatiort
is now carrying on for the re-eftablifhmeut of peace
in the States of Holland under the mediation of the
Court ofVerfailles.
The plague increases daily at Algiers and h a
caused the most terrible ravages. On the 2jd of
this month there died, in (he space of 24 hours, n
Christians, 27 Jews, and 148 Moors, .^nu e that
time, the daily mortality has borne much the fame
proportion ; and by calculating the total of the peo
ple carried off finee the rtew year, it is computed,
that in the course of the month of January, the
number was 335 persons, 557 in February, 1534
in March, and in April; together 6147, of
whom 240 were Christians. To this number mu*
be added those who died ip the four months pre
ceeding that in which the pestilence broke eyt; lo
that it is not surprising that whole villages and diL
tridls are already depopulated.
armshave besnreforted to. The States, determh
ing no longer to permit the capital of the province
to despise their authority, sent a party of troops, to
take pofleffion of certain posts in the environs of
Utrecht. The armed Burghers, or militia of the
city, eppofed, and conquered.
The citizens of Utrecht have been countenanced
in their proceedings by the province of Holland.
How far the flame may extend it is impossible to
afeertain; but certain it is, the face of affairs in the
United Provinces wear at present the appearance of
a civil war. The Prince of Orange has hitherto,
indeed, disclaimed all hoftiie intentions, and look
ed forward for the proteiftion of his rights to the
cool judgment of the people ; but as affairs at pre
sent hand, he must speedily declare his intentions.
Since the engagement, of which we gave an ac
count »» Saturday, another adtion has taken place,
namely, on the 14th instant, the particulars of which
we now lay before our readers, as related in the
Utrecht Gazette, and other Dutch papers :
A detachment of 20 Htiffars, and 10 Chaffeurs,
under the condudl of Count Wittzenftein, marched
from Utrecht on the 14th infl. in order to oppose
-the Provincial Corps ; and he had not proceeded far
before he was met by a piquet of cavalry of Thuyl,
who received him with a difeharge of mufquets.
This was immediately, on the part of the Count,
returned. A battle ensued, in which the detach
ment from Utrecht was superior. A reinforcement
of 80 men carne ts the assistance of the cavalry of
Thuyl ; which occasioned the Count Wittzenftein
to leave off th- pursuit of the piquet, put to .flight,
■and to place his forces in regular order. After seve
ral evolutions, a general conflict commenced, which
the-valour of the patriotic Count decided in his fa
vor. At the second onset, Wittzenfiein, Some
what apprehensive of success, sent to the city for a
Supply, but before Col. Borch and Major During
came up with hinq, the honor .of the .day was
.gained.
June 5. A private letter from the'Hague has she
following article: “ The Pruflian Ambnffidor has
delivered a memorial to their High Mightinesses,
felting forth, that if they continue their resolution
,in depriving the Prince of Orange ,of his places and
revenues, and the privileges enjoyed by all his pre
decessors, she King his master will do his utmost
endeavours, joined by some other powers, to re
eftabliih his Highness in the just right he is entitled
to. It is also said, that the English Ambaflador has
assured the States General, that the King his mas
ter will noj look tamely on and fee such injuries done
to his Serene Highness. Their High Mightinesses
are deliberating on v’hat Reps are proper to betaken
to bring about, a reconciliation with the house of
Orange, .so that al! parties may be fathfied; they fit
almost e.vety-day, but nothing has yet transpired ;
however, wc fea‘l loon know, their resolutions, as
the above A mbaffadors have demanded immediate
aniwers to their memorials.”
Amjlerdam, May 22. This city after the exam
ple of several other towns, has eftablifoed a society
for the maintenance of the conllitution, to which,
in the course oi five days, 20,000 inhabitants put
down their names, of whom 6000 engaged to car
ry arms in case of need, to oppose these who call
themselves patriots.
May 31. The Burghers of this city, notufed to
commit exceflea without a cause, were yesterday
unfortunately driven to ads of violence on the follow
ing occasion: —A few days Cnee a petition was left
to sign at a house in a street called the Regulierc
Gracht, in favor of the Stadtholder, tending tore-