Treaties of amity and commerce, and of alliance eventual and defensive, between His Most Christian Majesty and the thirteen United States of America. — Treaties, etc. United States

Treaties of amity and commerce, and of alliance eventual and defensive, between His Most Christian Majesty and the thirteen United States of America. — Treaties, etc. United States

Table of contents

Title page

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TREATY OF ALLIANCE.

ARTICLE I.

ARTICLE II.

ARTICLE III.

ARTICLE IV.

ARTICLE V.

ARTICLE VI.

ARTICLE VII.

ARTICLE VIII.

ARTICLE IX.

ARTICLE X.

ARTICLE XI.

ARTICLE XII.

ARTICLE XIII.

LOUIS, By the Grace of GOD, KING of FRANCE and NAVARRE, To ALL who shall see these Presents, GREETING:

TREATY OF AMITY AND COMMERCE.

ARTICLE I.

ARTICLE II.

ARTICLE III.

ARTICLE IV.

ARTICLE V.

ARTICLE VI.

ARTICLE VII.

ARTICLE VIII.

ARTICLE IX.

ARTICLE X.

ARTICLE XI.

ARTICLE XII.

ARTICLE XIII.

ARTICLE XIV.

ARTICLE XV.

ARTICLE XVI.

ARTICLE XVII.

ARTICLE XVIII.

ARTICLE XIX.

ARTICLE XX.

ARTICLE XXI.

ARTICLE XXII.

ARTICLE XXIII.

ARTICLE XXIV.

ARTICLE XXV.

ARTICLE XXVI.

ARTICLE XXVII.

ARTICLE XXVIII.

ARTICLE XXIX.

ARTICLE XXX.

ARTICLE XXXI.

ARTICLE XXXII.

ARTICLE XXXIII.

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TREATIES OF AMITY AND COMMERCE, AND OF ALLIANCE Eventual and Defensive, BETWEEN His Most CHRISTIAN MAJESTY AND THE Thirteen UNITED STATES OF AMERICA.

PHILADELPHIA: PRINTED BY JOHN DUNLAP. MDCCLXXVIII.

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TREATY OF AMITY AND COMMERCE, BETWEEN HIS MOST CHRISTIAN MAJESTY LOUIS the SIXTEENTH, King of France and Navarre, AND THE Thirteen UNITED STATES OF AMERICA.

Concluded at Paris 6th February, 1778.

TREATY OF ALLIANCE.

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THE MOST CHRISTIAN KING and the UNITED STATES of NORTH-AMERICA, to wit, New-Hampshire, Massachusetts-Bay, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, having this day concluded a Treaty of Amity and Commerce, for the reciprocal advantage of their subjects and citizens, have thought it necessary to take into consideration the means of strengthening those engagements, and of rendering them useful to the safety and tranquility of the two parties; particularly in case Great-Britain in resentment of that connection, and of the good correspondence which is the object of the said Treaty, should break the peace with France, either by direct hostilities or by hindering her commerce and navigation in a manner contrary to the rights of nations and the peace subsisting between the two Crowns.—And his Majesty and the said United States having resolved in that case to join their councils and efforts against the enterprizes of their common enemy.

[Page] The respective Plenepotentiaries impowered to concert the clauses and conditions proper to fulfil the said intentions, have after the most mature deliberation, concluded and determined on the following articles.

ARTICLE I.

IF war should break out between France and Great-Britain during the continuance of the present war between the United States and England, His Majesty and the said United States shall make it a common cause, and aid each other mutually with their good offices, their counsels and their forces, according to the exigence of conjunctures, as becomes good and faithful allies.

ARTICLE II.

The essential and direct end of the present defensive alliance is, to maintain effectually the Liberty, Sovereignty and Independence absolute and unlimited, of the said United States, as well in matters of government as of commerce.

ARTICLE III.

The two contracting parties shall each on its own part, and in the manner it may judge most proper, make all the efforts in it's power against their common enemy, in order to attain the end proposed.

ARTICLE IV.

The contracting parties agree, that in case either of them should form any particular enterprize in which the concurrence of the other may be desired, the party [Page]whose concurrence is desired, shall readily and with good faith join to act in concert for that purpose, as far as circumstances and its own particular situation will permit, and in that case, they shall regulate by a particular Convention the quantity and kind of succour to be furnished, and the time and manner of its being brought into action, as well as the advantages which are to be its compensation.

ARTICLE V.

If the United States should think fit to attempt the reduction of the British power, remaining in the Northern parts of America, or the islands of Bermudas, those countries or islands, in case of success, shall be confederated with, or dependent upon the said United States.

ARTICLE VI.

The Most Christian King renounces forever the possession of the islands of Bermudas, as well as of any part of the Continent of North-America, which before the Treaty of Paris, in 1763, or in virtue of that treaty, were acknowledged to belong to the Crown of Great-Britain, or to the United States, heretofore called British Colonies, or which are at this time, or have lately been under the power of the King and Crown of Great-Britain.

ARTICLE VII.

If His Most Christian Majesty shall think proper to attack any of the islands situated in the Gulph of Mexico or near that Gulph, which are at present under [Page]the power of Great-Britain, all the said isles, in case of success, shall appertain to the Crown of France.

ARTICLE VIII.

Neither of the two parties shall conclude either truce or peace with Great-Britain, without the formal consent of the other first obtain'd; and they mutually engage not to lay down their arms, until the Independence of the United States shall have been formally or tacitly affured, by the treaty or treaties that shall terminate the war.

ARTICLE IX.

The contracting parties declare, that being resolved to fulfil each on it's own part, the clauses and conditions of the present Treaty of Alliance, according to its own power and circumstances, there shall be no after-claim of compensation, on one side or the other, whatever may be the event of the war.

ARTICLE X.

The Most Christian King and the United States agree, to invite or admit other powers, who may have received injuries from England, to make common cause with them, and to accede to the present alliance, under such conditions as shall be freely agreed to, and settled between all the parties.

ARTICLE XI.

The two parties guarantee mutually from the present time, and forever against all other powers, to wit—The United States to His Most Christian Majesty the [Page]present possessions of the Crown of France in America, as well as these which it may acquire by the future treaty of peace; and His Most Christian Majesty guarantees on his part to the United States, their Liberty, Sovereignty, and Independence, absolute and unlimited, as well in matters of government as commerce, and also their possessions, and the additions or conquests, that their confederation may obtain during the war, from any of the dominions now, or heretofore possessed by Great-Britain in North-America; conformable to the fifth and sixth Articles above-written, the whole as their possession shall be fixed and assured to the said States, at the moment of the cessation of their present war with England.

ARTICLE XII.

In order to fix more precisely the sense and application of the preceeding Article, the contracting parties declare, that in case of a rupture between France and England, the reciprocal guarantee declared in the said article, shall have its full force and effect, the moment such war shall break out; and if such rupture shall not take place, the mutual obligations of the said guarantee shall not commence until the moment of the cessation of the present war, between the United States and England, shall have ascertained their possessions.

ARTICLE XIII.

The present Treaty shall be ratified on both sides, and the ratifications shall be exchanged in the space of six months, or sooner, if possible.

[Page] IN FAITH WHEREOF the respective Plenepotentiaries, to wit; on the part of the Most Christian King, CONRAD ALEXANDER GERARD, Royal Syndic of the city of Strasbourg and Secretary of His Majesty's Council of State. And on the part of the United States, BENJAMIN FRANKLIN, Deputy to the General Congress, from the State of Pennsylvania, and President of the Convention of said State; SILAS DEANE, heretofore Deputy from the State of Connecticut; and ARTHUR LEE, Counsellor at Law, have signed the above Articles both in the French and English languages; declaring nevertheless, that the present Treaty was originally composed and concluded in the French language, and they have hereunto affixed their seals.

DONE at PARIS, this Sixth Day of February, One Thousand Seven Hundred and Seventy-Eight.

(L. S.) C. A. GERARD.

(L. S.) B. FRANKLIN.

(L. S.) SILAS DEANE.

(L. S.) ARTHUR LEE.

LOUIS, By the Grace of GOD, KING of FRANCE and NAVARRE, To ALL who shall see these Presents, GREETING:

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THE CONGRESS of the THIRTEEN UNITED STATES of North-America, having by their Plenepotentiaries residing at Paris notified their desire to establish with Us and Our STATES a good understanding and perfect correspondence, and having for that purpose proposed to conclude with Us a Treaty of Amity and Commerce: WE having thought it Our duty to give to the said States a sensible proof of Our affection, determining Us to accept their proposals: For these causes and other good considerations Us thereunto moving, We, reposing entire confidence in the abilities and experience, zeal and fidelity for Our service, of Our dear and beloved CONRAD ALEXANDER GERARD, Royal Syndic of the city of Strasbourg, and Secretary of our Council of State, have nominated, appointed and commissioned, and by these presents signed with Our hand, do nominate, appoint and commission him Our Plenepotentiary, giving him power and special command for Us and in Our name to agree upon, conclude and sign with the Plenepotentiaries of the United States, equally furnished in due form with full powers, such Treaty, Convention and Articles of Commerce and Navigation as he shall think proper, willing, that he act with the [Page]same authority as We might or could act, if We were personally present, and even as though he had more special command than what is herein contained; promising in good faith and on the word of a King, to agree, to confirm and establish forever, and to accomplish and execute punctually, all that Our said dear and beloved CONRAD ALEXANDER GERARD shall stipulate and sign, by virtue of the present power, without contravening it in any manner, or suffering it to be contravened for any cause, or under any pretext whatsoever; and also to ratify the same in due form, and cause Our ratification to be delivered and exchanged in the time that shall be agreed on. For such is Our pleasure. In Testimony whereof We have hereunto set Our Seal. Done at Versailles, this thirtieth day of January, in the year of our Lord one thousand seven hundred and seventy-eight, and the fourth year of Our reign.

(Signed,) (L. S.) LOUIS.

(Underneath) By the KING. GRAVIER de VERGENNES.

TREATY OF AMITY AND COMMERCE.

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THE MOST CHRISTIAN KING and the THIRTEEN UNITED STATES of NORTH-AMERICA, to wit,— New-Hampshire, Massachusetts-Bay, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia, willing to fix in an equitable and permanent manner, the rules which ought to be followed relative to the correspondence and commerce which the two parties desire to establish between their respective countries, states and subjects; His Most Christian Majesty and the said United States have judged that the said end could not be better obtained, than by taking for the basis of their agreement, the most perfect equality and reciprocity, and by carefully avoiding all those burthen some preferences which are usually sources of debate, embarrassment and discontent; by leaving also each party at liberty to make respecting Navigation and Commerce, those interior regulations which it shall find most convenient to itself, [Page]and by sounding the advantage of commerce solely upon reciprocal utility, and the just rules of free intercourse, reserving withal to each party the liberty of admitting, at its pleasure, other nations to a participation of the same advantages.—It is in the spirit of this intention and to fulfil these views, that his said Majesty having named and appointed for his Plenepotentiary, CONRAD ALEXANDER GERARD, Royal Syndic of the city of Strasbourg, Secretary of His Majesty's Council of State; and the United States on their part, having fully impowered BENJAMIN FRANKLIN, Deputy from the State of Pennsylvania to the General Congress, and President to the Convention of said State; SILAS DEANE, late Deputy from the State of Connecticut to the said Congress, and ARTHUR LEE, Counsellor at Law: The said respective Plenepotentiaries, after exchanging their powers, and after mature deliberation, have concluded and agreed upon the following articles.

ARTICLE I.

THERE shall be a firm, inviolable and universal peace, and a true and sincere friendship between the Most Christian King, his heirs and successors, and the United States of America, and the subjects of the Most Christian King and of the said States, and between the countries, islands, cities and towns situate under the jurisdiction of the Most Christian King, and of the said United States, and the people and inhabitants of every degree, without exception of persons or places, and the terms herein after-mentioned, shall [Page]be perpetual between the Most Christian King, his heirs and successors, and the said United States.

ARTICLE II.

The Most Christian King and the United States engage mutually not to grant any particular favour to other nations, in respect of Commerce and Navigation, which shall not immediately become common to the other party, who shall enjoy the same favour freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional.

ARTICLE III.

The subjects of the Most Christian King shall pay in the ports, havens, roads, countries, islands, cities or towns of the United States, or any of them, no other or greater duties or imposts, of what nature soever they may be, or by what name soever called, than those which the nations most favoured are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce, whether in passing from one port in the said States to another, or in going to and from the same, from and to any part of the world, which the said nations do or shall enjoy.

ARTICLE IV.

The subjects, people and inhabitants of the said United States, and each of them, shall not pay in the ports, havens, roads, islands, cities and places [Page]under the domination of His Most Christian Majesty, in Europe, any other or greater duties or imposts, of what nature soever they may be, or by what name soever called, than those which the most favoured nations are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities, and exemptions in trade, navigation and commerce, whether in passing from one port in the said dominions in Europe, to another, or in going to and from the same, from and to any part of the world, which the said nations do or shall enjoy.

ARTICLE V.

In the above exemption is particularly comprized, the imposition of one hundred Sous per ton, established in France on foreign ships, unless when the ships of the United States shall load with the merchandize of France, for another port of the same dominion; in which case the said ships shall pay the duty above-mentioned, so long as other nations the most favoured shall be obliged to pay it; but it is understood, that the said United States, or any of them, are at liberty, when they shall judge it proper, to establish a duty equivalent in the same case.

ARTICLE VI.

The Most Christian King shall endeavour, by all the means in his power, to protect and defend all vessels and the effects belonging to the subjects, people or inhabitants of the said United States, or any of them, being in his [Page]ports, havens or roads, or on the seas near to his countries, islands, cities or towns; and to recover and restore to the right owners, their agents or attornies, all such vessels and effects which shall be taken within his jurisdiction; and the ships of war of His Most Christian Majesty, or any convoy sailing under his authority, shall, upon all occasions, take under their protection all vessels belonging to the subjects, people or inhabitants of the said United States, or any of them, and holding the same course, or going the same way, and shall defend such vessels, as long as they hold the same course, or go the same way, against all attacks, force or violence, in the same manner as they ought to protect and defend the vessels belonging to the subjects of the Most Christian King.

ARTICLE VII.

In like manner the said United States, and their ships of war, sailing under their authority, shall protect and defend, conformably to the tenor of the preceeding article, all the vessels and effects belonging to the subjects of the Most Christian King, and use all their endeavours to recover, and cause to be restored, the said vessels and effects that shall have been taken within the jurisdiction of the said United States, or any of them.

ARTICLE VIII.

The Most Christian King will employ his good offices and interposition with the King or Emperor of Morocco or Fez; the Regencies of Algeirs, [Page]Tunis and Tripoly, or with any of them; and also with every other Prince, State or Power, of the coast of Barbary in Africa; and the subjects of the said King, Emperor, States and Powers, and each of them, in order to provide as fully and efficaciously as possible for the benefit, conveniency and safety of the said United States, and each of them, their subjects, people and inhabitants, and their vessels and effects, against all violence, insults, attacks or depredations, on the part of the said Princes, and States of Barbary, or their subjects.

ARTICLE IX.

The subjects, inhabitants, merchants, commanders of ships, masters and mariners of the states, provinces and dominions of each party respectively, shall abstain and forbear to fish in all places possessed, or which shall be possessed by the other party; the Most Christian King's subjects shall not fish in the havens, bays, creeks, roads, coasts or places, which the said United States hold, or shall hereafter hold; and in like manner the subjects, people and inhabitants of the said United States, shall not fish in the havens, bays, creeks, roads, coasts or places, which the Most Christian King possesses, or shall hereafter possess; and if any ship or vessel shall be found fishing, contrary to the tenor of this Treaty, the said ship or vessel with its lading, (proof being made thereof) shall be confiscated; it is however understood, that the exclusion stipulated in the present article, shall take place only so long, and so far as the Most Christian King or the United States shall not in this respect have granted an exemption to some other nation.

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ARTICLE X.

The United States, their citizens and inhabitants, shall never disturb the subjects of the Most Christian King in the enjoyment and exercise of the right of fishing on the Banks of Newfoundland, nor in the indefinite and exclusive right which belongs to them on that part of the coast of that island which is designed by the Treaty of Utrecht, nor in the right relative to all and each of the isles which belong to His Most Christian Majesty, the whole conformable to the true sense of the Treaties of Utrecht and Paris.

ARTICLE XI.

It is agreed and concluded, that there shall never be any duty imposed on the exportation of the molasses that may be taken by the subjects of any of the United States, from the islands of America, which belong, or may hereafter appertain, to His Most Christian Majesty.

ARTICLE XII.

In compensation of the exemption stipulated by the preceeding article, it is agreed and concluded, that there shall never be any duties imposed on the exportation of any kind of merchandize, which the subjects of His Most Christian Majesty may take from the countries and possessions, present, or future, of any of the Thirteen United States, for the use of the islands which shall furnish molasses.

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ARTICLE XIII.

The subjects and inhabitants of the said United States, or any one of them, shall not be reputed Aubains in France, and consequently shall be exempted from the Droit d'Aubaine, or other similar duty, under what name soever, they may by testament, donation or otherwise dispose of their goods, moveable and immoveable, in favour of such persons as to them shall seem good, and their heirs, subjects of the said United States, residing whether in France or elsewhere, may succeed them, ab intestat, without being obliged to obtain letters of naturalization, and without having the effect of this concession contested or impeded under pretext of any rights or prerogatives of provinces, cities or private persons; and the said heirs, whether such by particular title, or ab intestat, shall be exempt from all duty called Droit de detraction, or other duty of the same kind; saving nevertheless the local rights or duties as much and as long as similar ones are not established by the United States, or any of them. The subjects of the Most Christian King shall enjoy on their part, in all the dominions of the said States, an entire and perfect reciprocity relative to the stipulations contained in the present article: But it is at the same time agreed, that its contents shall not effect the laws made, or that may be made hereafter in France, against emigrations, which shall remain in all their force and vigor; and the United States on their part, or any of them, shall be at liberty to enact such laws, relative to that matter, as to them shall seem proper.

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ARTICLE XIV.

The merchant ships of either of the parties, which shall be making into a port belonging to the enemy of the other ally, and concerning whose voyage and the species of goods on board her there shall be just grounds of suspicion, shall be obliged to exhibit, as well upon the high seas as in the ports and havens, not only her passports, but likewise certificates, expressly shewing that her goods are not of the number of those which have been prohibited as contraband.

ARTICLE XV.

If, by the exhibiting of the above-said certificates, the other party discover there are any of those sorts of goods which are prohibited and declared contraband, and consigned for a port under the obedience of his enemy, it shall not be lawful to break up the hatches of such ship, or to open any chest, coffers, packs, casks, or any other vessels found therein, or to remove the smallest parcels of her goods, whether such ship belongs to the subjects of France, or the inhabitants of the said United States, unless the lading be brought on shore, in the presence of the officers of the Court of Admiralty, and an inventory thereof made, but there shall be no allowance to sell, exchange, or alienate the same in any manner, until after that due and lawful process shall have been had against such prohibited goods and the Court of Admiralty shall by a sentence pronounced have consiscated the same, saving [Page]always as well the ship itself as any other goods found therein, which by this Treaty are to be esteemed free; neither may they be detained on pretence of their being as it were infected by the prohibited goods, much less shall they be confiscated as lawful prize; but if not the whole cargo but only part thereof shall consist of prohibited or contraband goods, and the commander of the ship shall be ready and willing to deliver them to the captor who has discovered them, in such case the captor having received those goods, shall forthwith discharge the ship and not hinder her by any means freely to prosecute the voyage on which she was bound. But in case the contraband merchandizes cannot be all received on board the vessel of the captor, then the captor may, notwithstanding the offer of delivering him the contraband goods, carry the vessel into the nearest port agreeable to what is above directed.

ARTICLE XVI.

On the contrary it is agreed, that whatever shall be found to be laden by the subjects and inhabitants of either party on any ship belonging to the enemies of the other, or to their subjects, the whole, although it be not of the sort of prohibited goods, may be confiscated in the same manner as if it belonged to the enemy, except such goods and merchandize as were put on board such ship before the declaration of war, or even after such declaration, if so be it were done without knowledge of such declaration, so that the goods of the subjects and people of either party, whether they be of the nature of such as [Page]are prohibited or otherwise, which, as is aforesaid, were put on board any ship belonging to an enemy before the war or after the declaration of the same, without the knowledge of it, shall no ways be liable to confiscation, but shall well and truly be restored without delay to the proprietors demanding the same; but so as that if the said merchandizes be contraband it shall not be any ways lawful to carry them afterwards to any ports belonging to the enemy. The two contracting parties agree, that the term of two months being pass'd after the declaration of war, their respective subjects, from whatever part of the world they come, shall not plead the ignorance mentioned in this article.

ARTICLE XVII.

And that more effectual care may be taken for the security of the subjects and inhabitants of both parties, that they suffer no injury by the men of war or privateers of the other party, all the commanders of the ships of His Most Christian Majesty and of the said United States, and all their subjects and inhabitants, shall be forbid doing any injury or damage to the other side; and if they act to the contrary they shall be punished, and shall moreover be bound to make satisfaction for all matter of damage, and the interest thereof, by reparation, under the pain and obligation of their persons and goods.

ARTICLE XVIII.

All ships and merchandize of what nature soever, which shall be rescued out of the hands of any pirates or robbers on the high seas, shall be brought [Page]into some port of either State, and shall be delivered to the custody of the officers of that port, in order to be restored intire to the true proprietor, as soon as due and suflicient proof shall be made concerning the property thereof.

ARTICLE XIX.

If shall be lawful for the ships of war of either party, and privateers, freely to carry whithersoever they please, the ships and goods taken from their enemies, without being obliged to pay any duty to the officers of the Admiralty or any other Judges; nor shall such prizes be arrested or seized when they come to and enter the port of either party; nor shall the searchers or other officers of those places search the same or make examination concerning the lawfulness of such prizes; but they may hoist fail at any time, and depart and carry their prizes to the places expressed in their commissions, which the commanders of such ships of war shall be obliged to shew: On the contrary, no shelter or refuge shall be given in their ports to such as shall have made prize of the subjects, people or property of either of the parties; but if such shall come in, being forced by stress of weather or the danger of the sea, all proper means shall be vigorously used, that they go out and retire from thence as soon as possible.

ARTICLE XX.

If any ship belonging to either of the parties, their people or subjects, shall within the coasts or dominions of the other stick upon the sands, or be wrecked [Page]or suffer any other damage, all friendly assistance and relief shall be given to the persons shipwrecked, or such as shall be in danger thereof. And letters of safe conduct shall likewise be given to them for their free and quiet passage from thence, and the return of every one to his own country.

ARTICLE XXI.

In case the subjects and inhabitants of either party, with their shipping, whether public and of war or private and of merchants, be forced through stress of weather, pursuit of pirates or enemies, or any other urgent necessity for seeking of shelter and harbor to retreat and enter into any of the rivers, bays, roads or ports belonging to the other party, they shall be received and treated with all humanity and kindness, and enjoy all friendly protection and help; and they shall be permitted to refresh and provide themselves at reasonable rates with victuals and all things needful for the sustenance of their persons or reparation of their ships and conveniency of their voyage, and they shall no ways be detained or hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance.

ARTICLE XXII.

For the better promoting of commerce on both sides, it is agreed, that if a war should break out between the said two nations, six months after the proclamation of war shall be allowed to the merchants in the cities and towns [Page]where they live for selling and transporting their goods and merchandizes; and if any thing be taken from them, or any injury be done them within that term by either party, or the people or subjects of either, full satisfaction shall be made for the same.

ARTICLE XXIII.

No subjects of the Most Christian King shall apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the said United States or any of them, or against the subjects, people or inhabitants of the said United States or any of them, or against the property of any of the inhabitants of any of them, from any Prince or State with which the United States shall be at war; nor shall any citizen, subject, or inhabitant of the said United States or any of them, apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the subjects of the Most Christian King, or any of them, or the property of any of them, from any Prince or State with which the said King shall be at war; and if any person of either nation shall take such commission or letters of marque, he shall be punished as a pirate.

ARTICLE XXIV.

It shall not be lawful for any foreign privateers, not belonging to the subjects of the Most Christian King, nor citizens of the said United States, who have commissions from any other Prince or State at enmity with either nation, [Page]to sit their ships in the ports of either the one orthe other of the aforesaid parties, to sell what they have taken, or in any other manner whatsoever to exchange their ships, merchandizes or any other lading; neither shall they be allowed even to purchase victuals, except such as shall be necessary for their going to the next port of that Prince or State from which they have commissions.

ARTICLE XXV.

It shall be lawful for all and singular the subjects of the Most Christian King and the citizens, people and inhabitants of the said United States, to sail with their ships with all manner of liberty and security, no distinction being made who are the proprietors of the merchandize laden thereon, from any port to the places of those who now are or hereafter shall be at enmity with the Most Christian King or the United States. It shall likewise be lawful for the subjects and inhabitants aforesaid, to sail with the ships and merchandizes aforementioned, and to trade with the same liberty and security from the places, ports and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy aforementioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of the same Prince, or under several. And it is hereby stipulated, that free ships shall also give a freedom to goods, and that every thing shall be deemed to be tree and exemptwhich shall be found on board the ships belonging [Page]to the subjects of either of the Confederates, although the whole lading or any part thereof should appertain to the enemies of either, contraband goods being always excepted. It is also agreed in like manner, that the same liberty be extended to persons who are on board a free ship, with this effect, that although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are soldiers and in actual service of the enemies.

ARTICLE XXVI.

This liberty of navigation and commerce shall extend to all kinds of merchandizes, excepting those only which are distinguished by the name of contraband, and under this name of contraband or prohibited goods shall be comprehended arms, great guns, bombs with their fuses and other things belonging to them, cannon ball, gun-powder, match, pikes, swords, lances, spears, halberds, mortars, petards, gren [...]does, saltpetre, muskets, musket-ball, bucklers, helmets, breast-plates, coats of mail, and the like kinds of arms, proper for arming soldiers, musket-rests, belts, horses with their furniture, and all other warlike instruments whatever. These merchandizes which follow shall not be reckoned among contraband or prohibited goods; that is to say, all sorts of cloths, and all other manufactures woven of any wool, flax, silk, cotton, or any other materials whatever, all kinds of wearing apparel, together with the species whereof they are used to be made, gold and silver, as well coined as uncoined, tin, iron, latten, copper, brass, coals; as also wheat and barley, and any other kind of corn and pulse, tobacco, [Page]and likewise all manner of spices, salted and smoaked flesh, salted fish, cheese and butter, beer, oils, wines, sugars, and all sorts of salts, and in general all provisions which serve for the nourishment of mankind and the sustenance of life; furthermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails, sail-cloths, anchors and any parts of anchors, also ships masts, planks, boards and beams of what trees soever, and all other things proper either for building or repairing ships, and all other goods whatever which have not been worked into the form of any instrument or thing prepared for war by land or by sea, shall not be reputed contraband, much less such as have been already wrought and made up for any other use; all which shall be wholly reckoned among free goods; as likewise all other merchandizes and things which are not comprehended and particularly mentioned in the foregoing enumeration of contraband goods, so that they may be transported and carried in the freest manner by the subjects of both Confederates, even to places belonging to an enemy, such towns or places being only excepted, as are at that time beseiged, blocked up or invested

ARTICLE XXVII.

To the end that all manner of dissentions and quarrels may be avoided and prevented, on one side and the other, it is agreed, that in case either of the parties hereto, should be engaged in war, the ships and vessels belonging to the subjects or people of the other ally must be furnished with sea letters or passports, expressing the name, property and bulk of the ship, as also the [Page]name and place of habitation of the master or commander of the said ship that it may appear thereby that the ship really and truly belongs to the subjects of one of the parties, which passport shall be made out and granted according to the form annexed to this treaty; they shall likewise be recalled every year, that is if the ship happens to return home within the space of a year; it is likewise agreed, that such ships being laden are to be provided not only with passports as above mentioned, but also with certificates, containing the several particulars of the cargo, the place whence the ship sailed, and whither she is bound, that so it may be known whether any forbidden or contraband goods be on board of the same, which certificates shall be made out by the officers of the place whence the ship set sail, in the accustomed forms; and if any one shall think it fit or adviseable to express in the said certificates, the person to whom. the goods on board belong, he may freely do so.

ARTICLE XXVIII.

The ships of the subjects and inhabitants of either of the parties coming upon any coast belonging to either of the said allies, but not willing to enter into port, or being entered into port and not willing to unload their cargoes or break bulk, they shall be treated according to the general rules prescribed or to be prescribed relative to the object in question.

ARTICLE XXIX.

If the ships of the said subjects, people or inhabitants of either of the parties shall be met with, either sailing along the coasts or on the high seas, by [Page]any ship of war of the other, or by any privateers, the said ships of war or privateers, for the avoiding of any disorder, shall remain out of cannon shot, and may send their boats on board the merchant ship which they shall so meet with, and may enter her to the number of two or three men only, to whom the master or commander of such ship or vessel shall exhibit his passport concerning the property of the ship, made out according to the form inserted in this present treaty, and the ship, when she shall have shewed such passport, shall be free and at liberty to pursue her voyage so as it shall not be lawful to molest or search her in any manner, or to give her chace or force her to quit her intended course.

ARTICLE XXX.

It is also agreed, that all goods, when once put on board the ships or vessels of either of the two contracting parties, shall be subject to no farther visitation, but all visitation or search shall be made before hand, and all prohibited goods shan be stopped on the spot before the same be put on board, unless there are manifest tokens or proofs of fraudulent practice; nor shall either the persons or goods of the subjects of His Most Christian Majesty or the United States, be put under any arrest or molested by any other kind of embargo for that cause, and only the subject of that State to whom the said goods have been or shall be prohibited, and who shall presume to sell or alienate such sort of goods, shall be duly punished for the offence.

[Page]

ARTICLE XXXI.

The two contracting parties grant mutually the liberty of having each in the ports of the other, Consuls, Vice-Consuls, Agents and Commissaries, whose functions shall be regulated by a particular agreement.

ARTICLE XXXII.

And the more to favor and facilitate the commerce which the subjects of the United States may have with France, the Most Christian King will grant them in Europe one or more free ports, where they may bring and dispose of all the produce and merchandize of the Thirteen United States; and his Majesty will also continue to the subjects of the said States, the free ports which have been and are open in the French islands of America, of all which free ports the said subjects of the United States shall enjoy the use, agreeable to the regulations which relate to them.

ARTICLE XXXIII.

The present treaty shall be ratified on both sides, and the ratifications shall be exchanged in the space of six months, or sooner if possible.

IN FAITH WHEREOF the respective Plenepotentiaries have signed the above Articles both in the French and English languages; declaring nevertheless, that the present Treaty was originally composed and concluded in the French language, and they have thereto affixed their seals.

[Page]

DONE at PARIS, this Sixth Day of February, One Thousand Seven Hundred and Seventy-Eight.

(L. S.) C. A. GERARD.

(L. S.) B. FRANKLIN.

(L. S.) SILAS DEANE.

(L. S.) ARTHUR LEE.

§

§

Form of the passports and letters which are to be given to the ships and barques according to the 27th article of this treaty.

TO ALL who shall see these presents greeting. It is hereby made known, that leave and permission has been given to [...], master and commander of the ship called [...] of the town of [...] burthen [...] tons or thereabouts, lying at present in the port and haven of [...] and bound for [...] and laden with [...]. After that his ship has been visited and before sailing, he shall make oath before the officers who have the jurisdiction of maritime affairs, that the said ship belongs to one or more of the subjects of [...] the act whereof shall be put at the end of these presents; as likewise that he will keep and cause to be kept by his crew on board, the marine ordinances and regulations, and enter in the [Page]proper office a list signed and witnessed containing the names and sirnames, the places of birth and abode of the crew of his ship, and of all who shall embark on board her, whom he shall not take on board without the knowledge and permission of the officers of the marine, and in every port or haven where he shall enter with his ship, he shall shew this present leave to the Officers and Judges of the marine, and shall give a faithful account to them of what passed and was done during his voyage, and he shall carry the colours, arms and ensigns of the King, or United States during his voyage. In witness whereof we have signed these presents and put the seal of our arms thereunto and caused the same to be countersigned by [...] at [...] the [...] day of [...] Anno Domini [...]

Information about this book

Title statement

Treaties of amity and commerce, and of alliance eventual and defensive, between His Most Christian Majesty and the thirteen United States of America.Treaties, etc. United States

France.

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI :

Date

2011-05.

ID [DLPS]

N12777

ID [TCP]

N12777

ID [STC]

Evans 16146

ID [STC]

Evans 16147

ID [NOTIS]

APY8314

ID [IMAGE-SET]

16147

ID [EVANS-CITATION]

99035811

Availability

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Series

Early American Imprints, 1639-1800 ; no. 16146.Early American Imprints, 1639-1800 ; no. 16147.

Notes

(Evans-TCP ; no. N12777)

Transcribed from: (Readex Archive of Americana ; Early American Imprints, series I ; image set 16147)

Images scanned from Readex microprint and microform: (Early American imprints. First series ; no. 16146; 16147)

Source

— Treaties of amity and commerce, and of alliance eventual and defensive, between His Most Christian Majesty and the thirteen United States of America., Treaties, etc. United States, France., United States. Treaties, etc. France..

Extent

[2], 10, [3], 12-34 p. ; 24 cm. (4to)

Printed by John Dunlap.,. Philadelphia: :: MDCCLXXVIII. [1778]. (Two treaties concluded with France, Feb. 6, 1778.) ("Treaty of alliance, eventual and defensive ..."--p. [1]-10, with special title page. Louis XVI's appointment of Conrad Alexander Gerard as Minister Plenipotentiary appears on p. [3]-4.) ("Treaty of amity and commerce ..."--p. [3], 12-34, with special title page. Louis XVI's appointment of Conrad Alexander Gerard as Minister Plenipotentiary appears on p. [11]-12.) (A variant state (Evans 16147; copy at New York Public Library) has 34 p. only. The special title page to the treaty of alliance is absent, as is the appointment of Gerard on p. [3]-4. The special title page to the treaty of amity and commerce immediately follows the general title page.)

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