future, or by way of tribute; to which I replied, (supposing the question might come from Mr. Fennish, on the part of the Emperor,) that I had to offer to his Majesty the friendship of the United States, and to receive his in return; to form a treaty with him on liberal and equal terms. But if any engagements for future presents or tributes were necessary, I must return without any treaty. I took care that those sentiments should be conveyed to Mr. Fennish, and nothing was afterwards said about it, nor a hint dropped that anything was expected. While the last draught of the treaty was making, I was told it would be proper that the delivery to me, in behalf of the United States, should be inserted; to which I very readily acquiesced, and wrote on a piece of paper what I wished should be added. When the treaty was finally put into my hands, sealed by the King, and not till then, did I see or suspect in what manner that insertion is made, and which I wish with all my heart was extinguished-at least one of the two.

Mr. Fennish being confined to his chamber, our papers fell into the hands of the Effendi, who, notwithstanding the Emperor had ordered them to be delivered, detained them under various pretences, but at length (without ever coming to an open quarrel) he sent them. When, on examination, we found the Talbe had omitted a matter of some consequence in one of the articles, the rectifying of which, and the getting the declaration made by Mr. Fennish by order of the King, took up a day or two. I was asked to sign an acceptation of the articles on the part of the United States; but as the treaty was not drawn up in the form expected, I excused myself, (without, however, giving any offence,) referring Mr. Fennish to Congress and the Ministers. It is a friendly well-intended treaty, given by the Emperor without much being demanded on his part. If it proves satisfactory, it will be proper for you, gentlemen, to give your sentiments of it to Mr. Fennish, and that Congress ratify it. And here, perhaps, it may not be unnecessary to say that Mr. Fennish, throughout the whole, as far as I can judge, has acted with the utmost candor and veracity, and I thought myself very happy in having been put into his hands.

When the business was over, the Emperor sent a message to me by Mr. Fennish desiring to know whether I had anything to ask, and (to repeat the words in which it was delivered) if I had, not to be ashamed or backward in doing it. I was prepared for this compli

ment before I left Spain, and was advised to request a permission to export twenty thousand fanegas of wheat without duty, by which I should probably gain as many dollars; and, with great truth, I assure you that I am persuaded it would have been immediately granted; but I do not choose to end an embassy, begun avowedly on disinterested principles, by making such a request, especially as I was informed he would look on the United States as under some obligations for such an indulgence shown their servant; and as the professions of an inclination to give a mark of his approbation of the transactions were repeated, I accepted them, and pointed out the manner in which he might show the friendly disposition he had expressed. This was by his giving letters to Constantinople, Tunis, Tripoli, and Algiers, recommending to these several States to enter into an alliance with the United States, and by advising them to receive in the most friendly manner such agents and propositions as should be sent them from America. The Emperor immediately came into these views, and Mr. Fennish desired that I would draw up the form of a letter such as I wished should be written; which I did; and the indisposition of this gentleman was the reason given why I did not get them at Morocco. I wrote twice to the Emperor, and waited at Tangier for an answer, which I received from Mr. Fennish, saying the letters were not prepared; and at present I shall add no more than that the Emperor is perfectly well informed that I had no orders to ask such letters, and that, if there is anything wrong in having done it, it is entirely an act of my own. The treaty having been completed, his Majesty gave a written paper, not only describing our route, but the time we should remain at the principal towns. We came to this place to avoid a quarantine in Spain, and have been detained by some tempestuous weather. The commandant of the marine at St. Roque hearing we were at Tangier, and at a loss how to reach Spain without performing a quarantine, sent a vessel for us, directing the commander to attend us wherever we should choose.

I think it probable that you will not judge it necessary for me to go up the Mediterranean, as Mr. Lamb, I hear, has returned to Algiers-a circumstance that will make me very happy; for though I was not backward in offering my services, I was influenced only by the necessity I thought there was of doing something. Therefore, if I do not receive your decided orders at Cadiz to pursue these

African objects, I will embrace the first opportunity of embarking from Spain for America.

I beg leave to assure you of my being, with every sentiment of esteem and respect, &c.,

No. 11.

THOMAS BARCLAY.

I, the underwritten, Thomas Barclay, agent for the United States of America at Morocco, having received from his Imperial Majesty a treaty of peace and commerce between his Majesty and the said United States, dated on the first day of the Ramadan, in the present year of the Hegira one thousand two hundred; and thinking it necessary that an agent residing at Morocco should be appointed, to take proper care of all matters relative to such of the citizens of America as may possibly arrive in any part of the Empire of Morocco, and shall have occasion to apply for aid or assistance to such agent, as also that a fit and proper channel may be formed whereby all public papers relative to America may be transmitted to his Majesty, until the will and pleasure of Congress be known: I do hereby, with the consent and approbation of his Imperial Majesty the Emperor of Morocco, constitute and appoint Mr. Francis Chiappi, of the city of Morocco, agent for the United States, until the pleasure of the honorable the Congress of the United States touching this matter shall be further known.

In testimony whereof I hereunto put my hand and seal, dated Morocco, the fifteenth day of July, in the year of our Lord 1786. THOMAS BARCLAY.

The same to Joseph Chiappi, who is Consul for Genoa and Vice Consul for Venice, constituting him agent at Mogadore.

The same to Girolamo Chiappi, who is Consul for Venice and Vice Consul for Genoa, constituting him agent at Tangier.

REPORT OF SECRETARY JAY ON THE TREATY WITH MOROCCO.

Office for Foreign Affairs, May 1, 1787.

The Secretary of the United States for the Department of Foreign Affairs, to whom was referred the treaty lately concluded with the Emperor of Morocco, reports :

That it will, in his opinion, be proper for Congress to ratify the said treaty in the manner and form following, viz:

The United States of America in Congress assembled to all who shall see these presents, greeting.

Whereas the United States of America in Congress assembled, by their commission bearing date the 12th day of May, 1784, thought proper to constitute John Adams, Benjamin Franklin, and Thomas Jefferson, their Ministers Plenipotentiary, giving to them, or a majority of them, full power to confer, treat, and negotiate with the Ambassador, Minister, or Commissioner of his Majesty the Emperor of Morocco, concerning a treaty of amity and commerce, to make and receive propositions for such treaty, and to conclude and sign the same, transmitting it to the United States in Congress assembled for their final ratification; and by one other commission, bearing date the 11th day of March, 1785, did further empower the said Ministers Plenipotentiary, or a majority of them, by writing, under their hands and seals, to appoint such agent in the said business as they might think proper, with authority, under the directions and instructions of the said Ministers, to commence and prosecute the said negotiations and conferences for the said treaty, provided that the said treaty should be signed by the said Ministers: And whereas the said John Adams and Thomas Jefferson, two of the said Ministers Plenipotentiary, (the said Benjamin Franklin being absent,) by writing, under the hand and seal of the said John Adams, at London, October the 5th, 1785, and of the said Thomas Jefferson, at Paris, October the 11th, of the same year, did appoint Thomas Barclay agent in the business aforesaid, 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 for a treaty of amity and commerce between the United States of America and his Majesty the Emperor of Morocco, which articles, written in the Arabic language, confirmed by his said Majesty the Emperor of Morocco, and sealed with his royal seal, being translated into the language of the said United States of America, together with the attestations thereunto annexed, are in the following words, to wit:*

And whereas the said John Adams and Thomas Jefferson, Ministers Plenipotentiary aforesaid, by writing, under their respective hands and seals, duly made and executed by the said John Adams

*For the treaty and additional article see Journals of Congress, pp. 756 et seq.

on the 25th January, 1787, and by the said Thomas Jefferson on the 1st day of January, 1787, did approve and conclude the said treaty, and every article and clause therein contained, reserving the same, nevertheless, to the United States in Congress assembled for their final ratification.

Now, be it known that we, the said United States of America in Congress assembled, have accepted, approved, ratified, and confirmed, and by these presents do accept, approve, ratify, and confirm 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 President, at the city of New York, this day of May, in the year of our Lord 1787, and in the eleventh year of our sovereignty and independence.

All which is submitted to the wisdom of Congress.

JOHN JAY.

REPORT OF SECRETARY JAY ON PAPERS ACCOMPANYING TREATY.

Office for Foreign Affairs, July 27, 1787.

The Secretary of the United States for the Department of Foreign Affairs, to whom were referred the papers which accompanied the treaty with Morocco, reports:

That one of these papers is a letter from the Emperor of Morocco; and that, as Congress has been pleased to ratify the treaty made with him, it will, in his opinion, be proper to return the following answer to it:

"Great and magnanimous Friend,

"We have received the letter which your Majesty did us the honor to write, dated the first of the month of Ramadan, 1200.

"We have likewise received the treaty concluded in our behalf with your Majesty; and we have expressed our perfect approbation of it by ratifying and publishing it, and ordering it to be faithfully observed and fulfilled by all our citizens.

"It gives us great pleasure to be on terms of peace and amity with so illustrious a Sovereign, and we flatter ourselves that the commerce of these distant regions with your Majesty's dominions will gradually