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Convention as to Cape Spartel Lighthouse between the United States, Austria, Belgium, France, Great Britain, Italy, the Netherlands, Portugal ,Spain, Sweden and Norway, And Morocco

[Translation.] In the name of the only God. There is no strength nor power but of God.

His excellency the President of the United States of America; and his majesty the Emperor of Austria, King of Hungary and Bohemia; his majesty the King of the Belgians, her majesty the Queen of Spain, his majesty the Emperor of the French; her majesty the Queen of the United Kingdom of Great Britain and Ireland; his majesty the King of Italy; his majesty the King of the Netherlands; his majesty the King of Portugal and the Algarves; his majesty the King of Sweden and Norway, and his majesty the Sultan of Morocco and of Fez, moved by a like desire to assure the safety of navigation along the coasts of Morocco, and desirous to provide of common accord the measures most proper to attain this end, have resolved to conclude a special convention, and have for this purpose appointed their plenipotentiaries, to wit, His excellency the President of the Republic of the United States, Jesse Harlan McMath, Esquire, his consul general near his majesty the Sultan of Morocco;

His majesty the Emperor of Austria, King of Hungary and of Bohemia Sir John Hay Drummond Hay, commander of the very honorable order of the Bath, his general agent ad interim near his majesty the Sultan of Morocco; his majesty the King of the Belgians, Ernest Daluin, knight of his order of Leopold, commander of number of the order of Isabella the Catholic of Spain, commander of the order of Nichan Eftikhar of Tunis, his consul general for the west coast of Africa; her majesty the Queen of Spain, Don Francisco Merry y Colon, grand cross of the order of Isabella the Catholic, knight of the order of St. John of Jerusalem, decorated with the Imperial Ottoman order of Medjidie of the 3d class, officer of the order of the Legion of Honor, her minister resident near his majesty the Sultan of Morocco; his majesty the Emperor of the French, Auguste Louis Victor, Baron Aym d'Aquin, officer of the Legion of Honor, commander of the order of Francis the First of the Two Sicilies, commander of the order of St. Maurice and Lazarus of Italy, commander of the order of Christ of Portugal, commander Or the order of the Lion of Brunswick, knight of the order of Constantine of the Two Sicilies, knight of the order of Guelphs of Hanover, his plenipotentiary near his majesty the Sultan of Morocco.

Her majesty the Queen of the United Kingdom of Great Britain & Ireland, Sir John Hay Drummond Hay, commander of the very honorable order of the Bath, her minister resident near his majesty the Sultan of Morocco,[sic] his majesty the King of Italy, Alexander Verdinois, knight of the order of St. Maurice & Lazarus, agent and consul general of Italy near his majesty the Sultan of Morocco.

His majesty the King of the Netherlands, Sir John Hay Drummond Hay, commander of the very honorable order of the Bath acting consul general of the Netherlands in Morocco; his majesty the King of Portugal and the Algarves, Jose Daniel Colaco, commander of his order of Christ, knight of the order of the Rose of Brazil, his consul general near his majesty the Sultan of Morocco; his majesty the King of Sweden and Norway, Selim d'Ehrenhof, knight of the order of Wasa, his consul general near his majesty the Sultan of Morocco, and his majesty the A Sultan of Morocco and of Fez the literary Sid Mohammed Bargash, his minister for foreign affairs - who after having exchanged their full powers, found in good and due form have agreed upon the following articles.

ARTICLE I.

His majesty Scherifienne having in an interest of humanity ordered the construction at the expense of the Government of Morocco of a light house at Cape Spartel, consents to devolve, throughout the duration of the present convention, the superior direction and administration of this establishment on the representatives of the contracting Powers. It is well understood that this delegation does not import any encroachment on the rights proprietary and sovereignty of the Sultan whose flag alone shall be hoisted on the tower of the Pharos.

ARTICLE II

The Government of Morocco not at this time having any marine, either of war or commerce, the necessary expenses for upholding and managing the light house shall be borne by the contracting Powers by means of an annual contribution the quota of which shall be alike for all of them. If hereafter the Sultan should have a naval or commercial marine, he binds himself to take share in the expenses in like proportion with the other subscribing Powers, the expenses of repairs and in need, of reconstruction shall also be at his cost.

ARTICLE III.

The Sultan will furnish for security of the light house a guard composed of a Kaid and four soldiers, he engages besides to provide for, by all the means in his power, in case of war whether internal or external, the preservation of this establishment, as well as for the safety of the keepers and persons employed. On the other part the contracting Powers bind themselves, each so far as concerned, to respect the neutrality of the light house, and to continue the payment of the contribution intended to uphold it, even in case (which God forbid) hostilities should break out either between them or between one of them and the Empire of Morocco.

ARTICLE IV.

The representatives of the contracting Powers charged in virtue of Article 1st of the present convention with the superior direction and management of the light house shall establish the necessary regulations for the service and superintendence of this establishment, and no modification shall be afterward applied to these articles, except by common agreement between the contracting Powers.

ARTICLE V.

The present convention shall continue in force for ten years. In case, within six months of the expiration of this term, none of the high contracting parties should by official declaration have made known its purpose to bring to a close so far as may concern it, the effects of this convention, it shall continue in force for one year more, and so from year to year, until due notice.

ARTICLE VI.

The execution of the reciprocal engagements contained in the present convention is subordinated so far as needful to the accomplishment of the forms and regulations established by the constitutional laws of those of the high contracting Powers who are held to ask for their application thereto which they bind themselves to do with the least possible delay.

ARTICLE VII.

The present convention shall be ratified and the ratifications be exchanged at Tangier as soon as can be done.

In faith whereof the respective plenipotentiaries have signed and affixed thereto the seals of their arms.

Done in duplicate original in French and in Arabic at Tangier, protected of God, the fifth day of the moon of Moharrem, year of the Hegira 1282 which corresponds with the 31st of the month of May of the year one thousand eight hundred and sixty five.

[SEAL.] JESSE H. McMATH.
[SEAL.] J. H. DRUMMOND HAY.
[SEAL.] ERNEST DALUIN.
[SEAL.] FRANCISCO MERRY Y COLON.
[SEAL.] AYM D'AQUIN.
[SEAL.] J. H. DRUMMOND HAY.
[SEAL.] ALEX'RE VERDINBOIS.
[SEAL.] J. H. DRUMMOND HAY.
[SEAL.] JOS DANIEL COLACO.
[SEAL.] S. D'EHRENHOFF.
[SEAL.] [Signature of Sid Mohammed Bargash, in Arabic.]
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TEXT: U. S. Compilation of Treaties in Force, 1904, p. 558.
American Journal of International Law, vol 6, 1912, 14-17

Contributed by C. R. Pennell, University of Melbourne, rpennell@unimelb.edu.au