Interesting Language in the U.S.’s Oldest In-Force Treaty

If someone asked you with which country the United States has the longest-standing, still in force, treaty of friendship and cooperation, how would you answer? I’d bet money that most Americans either do not know or would answer Canada, the United Kingdom, or maybe France or the Netherlands.

The answer is the Kingdom of Morocco. If you follow this blog, in a February 14th, 2021 post – Thomas Barclay and America’s Longest Standing Treaty – how the treaty came about is covered. It is Blog #91 and tells the story of how the treaty, signed in the summer of 1786 and ratified by Congress on July 15th, 1787. The link to the post is

https://marcliebman.com/thomas-barclay-and-americas-longest-standing-treaty/.

The treaty has 25 tersely written clauses. Given that Morocco was, and is today, a monarchy and that its population is predominantly Muslim, the framers of the treaty did some interesting writing.

Clause 11 reads (FYI, the spelling and diction is what is written in the treaty)- If we shall be at War with any Christian Power & 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, & the same Regulation shall be observed, towards the American Vessels sailing from our Ports, be their Enemies Moors or Christians.

Readers like me find it interesting that in the last line, the words Moors and Christians appears without definitions. What the Moroccans were saying was that they will not allow a enemy ship, which could be a pirate or naval vessel, owned by a Muslim based in Spain or in the North African littoral.

In Clause 12, the importance of the slave trade raises its ugly head with the words – 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, under any Pretext, nor require any payment for them.

In other words, if a vessel carrying slaves stops in a Moroccan port, the government will not interfere. This clause was removed in later versions.

If a war broke out between Morocco and the U.S., Clause 16 covers that eventuality. The creators of the treaty wrote – In Case of a War between the Parties, the Prisoners are not to be made Slaves, but to be exchanged one for another, Captain for Captain, Officer for Officer and one private Man for another; & if there shall prove a difficiency on either side it shall be made up by the Payment of one hundred Mexican Dollars for each Person wanting. And it is agreed that all Prisoners shall be exchanged in twelve Months from the time of their being taken, & that this Exchange may be effected by a Merchant, or any other Person authorized by either of the Parties.

The framers of the treaty wanted to make sure that if one was taken prisoner, one would or could be exchanged based on the ratio noted in the treaty. It is important to note that both sides agreed not to make or sell prisoners into.

Reading the word Mexican dollars as the preferred currency will make most of us smile. Why Mexican dollars? Good question. The coins were in silver, not printed on paper, and therefore had an intrinsic value that could be negotiated. And, at the time, the U.S. dollar was of questionable value.

Throughout the document, there are references to “Christian Powers.” There is no delineation of who these countries are. One can only assume that they are non-Muslim. If you wish to read the whole treaty, here’s a link on from the National Archives – https://founders.archives.gov/documents/Adams/06-18-02-0196

Image is the first page of the 1787 U.S. – Morocco treaty in Arabic.

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Published on November 30, 2025 09:12
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