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 1 
 
 2 
 
 3 
 
 1 
 
 
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 s , 
 
 
 ,. ,J^ 
 
 ■.^M 
 
• 
 
 THE 
 
 T R E AT I E S 
 
 '?: 
 
 BETWEEN 
 
 HIS MOST CHRISTIAN MAJESTY 
 
 AND TH£ 
 
 
 THIRTEEN UNITED STATES OF AMERICA. 
 
 PUBLISHED BY ORDER OF CONGRESS. 
 
 ^ PHILADELPHIA PRINTfiJ)?. 
 
 LONDON REPRINTED ' 
 
 t4r J. STOCKDALfiyOppoftte 6urlington.Houfb»P(ccadiIIy» 
 
 M,DCC,LXXXIIi 
 
 . [Prcc ONE SHIL .ING.j 
 
 « ■ ■ 
 
^■v 
 
 il 
 
 1, ?* 
 
 *!" 
 
 Ml 
 
 I 
 
THE 
 
 TREATIES, &c. 
 
 , TREATY g/' Amity <2«^/ Commerce. 
 
 "LOUIS, ^^ the Grace of God, King <?/ France 
 ffW Navarre, to all who Jhall fee . thefe prefenis. 
 Greeting: . ^ 
 
 jThE Congrefs of the Thirteen United States of 
 North-America havings by their plenipotentiaries re- 
 Jiding at Paris, notified their defire ?o eftahlifh with 
 us and our flates a good tinderjianding and perfeSf 
 correfpondence, and having for that purpofe propofed 
 to conclude with us a Treaty of Amity and Com- 
 merce : We having thought it our duty to give to the 
 faid States a fenfible proof of our affeSfion, determin- 
 ing us to accept of their propofals:^ For thefe caufeSy 
 and other good confiderations us thereunto moving, wf^ 
 repoftng entire confidence in the abilities and expe- 
 rience, zeal and fidelity for our fervice, of cur dear 
 and beloved Conrad Alexander Gerard, royal fyndic 
 of the city of Strafbourg, and fecretary of our council 
 offiatCi have nominated, appointed, and commiffioned, 
 and by thefe prefenis, figned with our hand, do nomi* 
 
 B fiaUy 
 
( ^ ) 
 
 fiate^ appoint f and commijfxon him cur plenipotentiary, 
 gi-ving him power and fpecial command for us and in 
 our name, to agree upon, conclude and fign with 
 the plenipotentiaries of the united Jlates, equally fur- 
 nijhed in due form with full powers, fuch treaty, con- 
 vention, and articles of commerce and navigation as he 
 JJjall think proper ; willing that he a5l with the fame 
 authority as we might or could a5f, if we were per^ 
 finally prefent, and e^en as though he had more fpecial 
 command than what is herein contained; promiftng in 
 good faith, and on the word of a king, to agree to, con- 
 firm, and efiablifh for ever, and to accomplifh and exe- 
 cute punSIually, all that our faid dear and beloved 
 Conrad Alexander Gerard fjall ^ipulate and Jign, 
 hy virtue of the prefent power, without contravening 
 it in any manner, or fuffering it to be contravened for 
 any caiife, or under any pretext whatfoever •, and alfo 
 to ratify the fame in due form, and caufe our ratifica- 
 tion to be delivered and exchanged in the time thatfhall 
 \ he agreed on. For fuch is ourpleafure. In teflimony 
 whereof we have hereunto fet our feal. Done at Ver- 
 failles this thirtieth day of January, in the year of our 
 Zjord one thoufand feven hundred and feventy- eight, 
 and the fourth year of our reign. 
 (Signed) 
 (L.S.) LOUIS. 
 
 (Underneath) By the King. 
 
 GRAVIER de VERGENNES. 
 
 THE 
 
( 3 ) 
 
 THE 
 
 R 
 
 Y. 
 
 THE Moft Chriftian King, and tlie 
 Thirteen United States of North- 
 America, to wit, Ncw-Hanip(hire, Mafla- 
 chufett's-Bay, Rhode-Ifland, Connedicut, 
 New- York, New-Jerfey, Pennfylvania, De- 
 laware, Maryland, Virginia, North-Caro- 
 lina, South- Carolina, r.nd Georgia, willing 
 to fix in an equitable and permanent 
 manner, the rules which ought to be fol- 
 lowed relative to the correfpondence and 
 commerce which the two parties delire to 
 eftablifli between their refpediye countries, 
 ftates and fubjc£ts ; his moft chriftian ma- 
 jefty and the fiid united ftatcs have judged 
 that the faid end could not be better ob- 
 tained, than by taking for the bafis of their 
 agreement the moft perfedl equality and reci^ 
 procity, and by carefully avoiding all thofe 
 burthenfome preferences which are ufually 
 fources of debate, embarraflment, and dif-^ 
 content; by leaving alfo each party at li- 
 
 B 2 berty 
 
wm> 
 
 ( 4 ) 
 
 bcrty to make refpeding navigation and 
 commerce thofe interior regulations which 
 it fl^j^ll find moft convenient to itfclf, and by 
 founding the advantage of commerce folely 
 upon rccipro'.al utility, and the juft rules gf 
 free intercourfe; refcrving withal to each 
 party the liberty of admitting, at its plea- 
 fure, other nations to a participation of the 
 fame advantages, It is in the fpirit of this 
 intention, and to fulfil thefe views, that his 
 faid majefty having named and appointed 
 for his plenipotentiary Conrad Alexander 
 Gerard t royal fyndic of the city of Straf- 
 bourg, fccretary of his majefty's council of 
 ftatci and the united ftates on their part 
 having fully empowered Benjamin Franklin^ 
 deputy from the ftatc of Pennfylvania to the 
 general congrefs, and prefident to the conr 
 vention of the faid flatej Silas Deane^ late 
 deputy from the ftate of Connecticut to the 
 faid congrefs; and Arthur Lee, counfellor at 
 law: The faid refpedive plenipotentiaries, 
 after exchanging their powers, and after ma- 
 ture deliberation, have concluded and agreed 
 
 upon the fallowing articles: 
 
 Art. I. 
 
Ite 
 
 [ 5 ] 
 Article i. THERE fliall be a firm, 
 inviolable and univcrfal peace, and a true 
 and fincere frlcndfliip, between tbc moft 
 chriftian king, his heirs and fuccefTors, and 
 the united ftates of America, and the fub- 
 jedts of the mod chriftian king and of the 
 faid ftates, and between the countries, iflands, 
 cities and towns fituatc under the jurifdicStion 
 of the moft chriftian king and of the faid ' 
 united ftates, and the people and inhabitants 
 of every degree, without exception of per- 
 fons or places, and the terms herein after 
 mentioned (hall be perpetual between the 
 moft chriftian king, his heirs and fucceflbrs, 
 and the faid united ftates. 
 
 Art. 2. The moft chriftian king and the 
 united ftates engage mutually not to grant 
 any particuUr favour to other nations, in ref^ 
 pe(5t of commerce and navigation, which 
 fliall not immediately become common to the 
 Qthcr party, who fliall enjoy the fame favour 
 freely, if the conceflion was freely made, or 
 on allowing the fame compenfation, if the 
 concefllon was conditional. 
 
 Art. 3. The fubjedls of the moft chrif^ 
 
 tian 
 
I 
 
 [ 6 ] 
 
 tianking (hall pay in the ports, havens, roads, 
 countries, iflands, cities or towns of the 
 united ftates, or any of them, no other or 
 greaterduties or imports, of what nature foevcr 
 they may be, or by what name foever called, 
 than thofe which the nations moft favoured 
 are or (hall be obliged to pay ; and they fhall 
 enjoy all the rights, liberties, privileges, im-* 
 munities and exemptions in trade, naviga- 
 tion and commerce, whether in pafiing from 
 one port in the faid flatcs to another, or in 
 going to and from the fame, from and to any 
 part of the world, which the faid nations do 
 or (hall enjoy. 
 
 Art. 4. The fubjeifls, people and inha- 
 bitants of the faid united ftates, and each of 
 them> (hall not pay in the ports, havens, 
 roads, iflands, cities and places under the 
 domination of his moft chriftian majefty ia 
 Europe, any other or greater duties or im- 
 ports, of what nature foever they may be, 
 or by what name foever called, than thofe 
 which the mort favoured nations are or ftiall 
 be obliged to pay 5 and they ftiall enjoy all 
 
 the 
 
( 7 ) 
 
 the rights, liberties, privileges, immunities, 
 
 and 
 
 iptions in trade, navigation 
 
 and 
 
 exemptions 
 commerce, vi^hether in pafling from one port 
 in the fliid dominions in Europe to r.nother, 
 or in going to and from the fame, from and 
 to any part of the world, which the faid 
 nations do or fliall enjoy. 
 
 Art. 5. In the above exemption is 
 particularly comprized the impofition of 
 one hundred fous per ton, eftabli(hcd in 
 France on forefgn fhips, unlefs when the 
 (hips of the united dates fhall load with the 
 merchandize of France, for another port of 
 the faid dominions j in which cafe the (hips 
 (hall pay the duty above mentioned, fo loRg 
 as other nations the moft favoured ftiall be 
 obliged to pay it ; but it is underflood, that 
 the faid united ftates, or any of them, are 
 at liberty, when they (hall judge it proper, to 
 cftabli(h a duty equivalent in the fame cafe, 
 ' Art, 6. The moft chriftian king 
 (hall endeavour, by all the means in his 
 power, to proted and defend all veflels and 
 the efFeds belonging to the fubjeds, people 
 or inhabitants of the faid united ftates, or 
 
 » 
 
m^t 
 
 mm 
 
 mmmm^imim 
 
 'Li- 
 
 i 
 
 '■ 
 
 C 8 ) 
 
 any of the:!!, being in his ports, havens Of 
 roads, or on the leas near his countries, 
 iflands, cities or towns ; and to recover and 
 reftore to the right owners, their agents or 
 attornies, all fuch veflels and efFedts which 
 fhall be taken within his jurifdidtion ; and the 
 (hips of war of his moft chriftian majefty, 
 or any convoy failing under his authority, 
 ihall upon all occafions take under their pro- 
 tedion all velTels belonging to the fubjedts, 
 people, or inhabitants of the faid united 
 ftates, or any of them, and holding the fame 
 courfe, or going the fame way, and fhall de- 
 fend fuch vefTels, as long as they hold the 
 fame courfe, or go the fame way, againft all 
 attacks, force or violence, in the fame man - 
 ner as they ought to protect and defend the 
 vefTels belonging to the fubjc^fls of the mofl: 
 chriflian king. 
 
 Art. 7. In like manner the faid united 
 flates, and their fhips of war failing under 
 their authority, fhall proted: and defend, 
 conformably to the tenor of the preceding 
 article, all the vefTels and efTeds belongin 
 to the fubjeds of the mod chriflian kin 
 
 p' 
 
 
 and 
 
i p ) / 
 
 and ufe all tlieir endeavours to recover, and 
 caufe to be reflored, the faid vefTels and ef- 
 feds that (hall have been taken within the 
 jufifdidion of the faid united ftates, or any 
 of them. ..J : . 
 
 Art. 8. The mod chriftian king will em- 
 ploy his good offices and interpofitions with 
 the king or emperor of Morocco or Fez ; 
 the regencies of Algiers, Tunis and Tripoly, 
 or with any of them ; and alfo with every 
 other prince, ftate or power, of the coaft of 
 Barbary in Africa ; and the fubjedts of the 
 faid king, emperor, flates and powers, and 
 each of them, in order to provide as fully 
 and efficacioufly as poflible for the benefit, 
 conveniency and fafety of the faid united 
 ftates, and each of them, their fubje(Ss, 
 people and inhabitants, and their veflels and 
 effe(5ls, againft all violence, infults, attacks of 
 depredations, on the part of the faid prin- 
 ces and flates of IBirbary, or their fubjeds. 
 
 Art. 9. The fubjefts, inhabitants, mer- 
 chants, commanders of fliips, mafters and 
 mariners of the flates, provinces and domi- 
 nions of each party refpcdivcly, (hall abflain 
 
 C and 
 
!fpiiPIP<pwfW<r?5fl*w»rR^ir^"^f7'^'fP<ii'"^^ 
 
 J! i; 
 
 w 
 
 iTHff 
 
 ;' 
 
 ( 'O ) 
 
 and forbear to fifli In all places pofTelTed by 
 the other party j the mofl: chriftian king's 
 fubjeds lliall not fifh in the havens, bays, 
 creeks, roads, coafts or places, which the 
 united flates hold, or fhall hereafter hold ; 
 and in like manner the fubjcfts, people and 
 inhabitants of the united ftates fhall not fifli 
 in the havens, bays, creeks, roads, coafts 
 or places, which the moft chrifllan king pof- 
 feffes, or fhall hereafter poflefs ; and if any 
 fhip or veffel fliould be found fifhing contra- 
 ry to the tenor of this treaty, the faid fhip 
 or veiTel with its lading, (proof being made 
 thereof) fliall be confifcated ; it is however 
 underflood that the exclufion flipulated in 
 the prefent article, fhall take place only fo 
 long and fo far as the mofl chriflian king or 
 the united flates fliall net in this refped have 
 granted an exemption to fome other nation. 
 Art. 10. The united ftates, their citizens 
 and inhabitants, fhall never difturb the fub- 
 jeds of the mofl chriftian king in the enjoy- 
 ment andexercife of the right of fifhing on the 
 banks of Newfoundland, norin the indefinite 
 and exclufive right which belongs to them 
 on that part of the coafl of that ifland which 
 
 19 
 
( I" ) 
 
 is defigned by the treaty of Utrecht, nor in 
 the right relative to all and each of the ifles 
 which belong to his moft chriftian majefty, 
 the whole conformable to the true fenfe of 
 the treaties of Utrecht and Paris. 
 
 Art. II. The fubje<fls and inhabitants 
 of the faid united ftatcs, or any of them, 
 fhall not be reputed Aubains in France, and 
 confequently {hall be exempted from the 
 Droit iAubainet or other fimilar duty, under 
 what name foever : they may by tefta- 
 ment, donation, or otherwifc, difpofe of 
 their goods, moveable and imthoveable, 
 in favour of fuch perfons as to them fhall 
 feem good i and their heirs, fubjects 
 of the united flates, refiding whether i\\ 
 France or elfcwhere, may fucceed them, ab 
 intejiaty without being obliged to obtain let- 
 ters of naturalization, and without having 
 the efFeft of this conceffion contefted or im-» 
 peded, under pretext qf any rights or prero-^ 
 gatives of provinces, cities, or private per- 
 fons ; and the faid heirs, whether fuph by 
 particular title, or ab mtejlat, fhall be ex- 
 empted from the duty called Droit de detrac- 
 tion, or other duty of the fame kind ^ faving 
 
 C ? never-? 
 
 IS 
 
!li 
 
 f u J 
 
 nevcrthelefs the local rights or duties, as 
 much and as long as fimilar ones are not 
 eilabliflied by the united flates, or any of 
 them. The fubjcdts of the moft chrif- 
 tian king Hiall enjoy on their part, in all 
 the dominions of the faid ftates, an entire and 
 perfedl reciprocity, relative to the ftipu- 
 lations contained in the prefent article : But 
 it is at the fame time agreed, that its contents 
 ihall not aifedl the laws made, or that may be 
 made hereafter in France, againftemigrations, 
 which fliall remain in all their force and 
 vigour ; and the united ftates, en their part, 
 or any of them, fliall be at liberty to enacft 
 fuch laws, relative to that matter^ as to thcrn 
 fhall feem proper. 
 
 Art. 12. The merchant -fhips of either 
 of the parties, which (hall be making into a 
 port belonging to the enemy of the other 
 ally* and concerning whofe voyage and the 
 fpecics of goods on board her there fhall be 
 juft grounds of fufpicion, fliall be obliged to 
 exhibit, as well upon the high feas as in the 
 ports and havens, not only her pafTports, but 
 likcwile certificates, cxprefsly Ihewing that 
 her goods are not of the number of thofe 
 
 which have been prehibited as contraband. 
 
 Art. 
 
"3JPPI,WWJ»H 
 
 tat 
 fe 
 
 C J3 ) 
 
 Art. 13. If, by exhibiting of the abovc-t 
 faid certificates, the other party difcovcrs 
 there are any of thofe forts of goods which 
 are prohibited and declared contraband, and 
 configned for a port under the obedience of 
 his enemy, it (liall not be lawful to break up 
 the hatches of fuch fhip, or to open any 
 cheft, coffers, packs, cafks, or any other vef-f 
 
 fel found therein, or to remove the fmalleft 
 parcel of her goods, whether fuch fliip be- 
 long to thefubjefks of France or the inhabi- 
 tants of the faid united ftatcs, unlefs the lad- 
 ing be brought on (hore, in the prefence of 
 the officers of the court of admiralty, and an 
 inventory thereof made -, but there fhall be 
 no allowance to fell, exchange, or alienate 
 the fame in any manner, until that after 
 due and lawful procefs fhall have been had 
 againft fuch prohibited goods, and the court 
 of admiralty {liall» by a fentencc pronounced, 
 have confifcated the fame, faving always as 
 well the ffiipitfelf, as any other goods found 
 therein, which by this treaty are to be efteem- 
 ed free -, neither may they be detained on 
 pretence of their being as it were infeded by 
 the prohibited goodsj, much lefs fhall they 
 • ' be 
 

 
 ( >4 ) 
 
 be confifcatcd as lawful prize -, but if not the 
 whole cargo, but only part thereof fhall con- 
 fift of prohibited and contraband goods, and 
 tlie commander of the (hip fhall be ready 
 and willing to deliver them to the captor who 
 has difcovered them, in fuch cafe the captor 
 having received thofe goods, fhall forthwith 
 difcharge the fiiip, and not hinder her by any 
 means freely to profccutc the voyage on which 
 flic was bound. But in cafe the contraband 
 merchandizes cannot be all received on 
 board the veflel of the captor, then the 
 captor may, notwithftanding the offer 
 of delivering him the contraband goods, 
 carry the vefTel into the nearefl port, agree- 
 able to what is above diredled. 
 
 Art. 14. On the contrary, it is agreed, 
 that whatever fliall be found to be laden by 
 the fubjcdls and inhabitants of either party, 
 or any fliip belonging to the enemies of the 
 other, or to their fubjccfis, the whole, al- 
 though it be not of the fort of prohibited 
 goods, may be confifcated in the fame man- 
 ner as if it belonged to the enemy, except 
 fuch goods and merchandize as were put on 
 
 board 
 
( «5 ) 
 
 board fuch fl:ip before the declaration of 
 war, or even after fuch declaration, if fo be it 
 were done without knowledge of fuch decla- 
 ration ; fo that the goods of the fubjecSls and 
 people of either party, whether they be of 
 the nature of fuch as are prohibited or other- 
 wife, which, as is aforefaid, were put on 
 board any fliip belonging to an enemy before 
 the war, or after the declaration of the fame, 
 without the knowledge of it, (hall no ways 
 be liable to confifcation, but /hall well and 
 truly be reftored without delay to the pro- 
 prietors demanding the fame ; but fo as that 
 if the faid merchandizes be contraband, it 
 (hall not be any ways lawful to carry them 
 afterwards to any port belonging to the ene- 
 my. The two contra(5ling parties agree, 
 that the term of two months being paflcd 
 after the declaration of war, their refpedive 
 fubjeds, from whatever part of the world 
 they come, (hall not plead the ignorance 
 mentioned in this article. 
 
 Art. 15. And that more efFedual care 
 may be taken for the fecurity of the fubjeds 
 and inhabitants of both parties, that they 
 
 fufFer 
 

 ( Ifi ) 
 
 fufTer no injury by the men of war or priva- 
 teers of the other party, all the commanders 
 of the fhips of his mofl chriftian majefty and 
 of the faid united ftates, an^ all their fub- 
 jed:s and inhabitants, /hall be forbid doing 
 any injury or damage to the other fide; and 
 if they a£t to the contrary they {hall be pu- 
 nished, and fliall moreover be bound to make 
 fatisfadtion for all master of damage, and the 
 intereft thereof, by reparation, under the 
 pain and obligation of their perfons and goods. 
 
 Art. i6. All fhips and merchandize of 
 what nature foever, which fliall be refcued 
 out of the hands of any pirates or robbers on- 
 the high feas, fhall be brought into fome 
 port of either ftate, and fliall be delivered to 
 the cuftody of the officers of that port, in 
 order to be refliored entire to the true pro- 
 prietor, as foon as due and fufficient proof 
 fliall be made concerning the property thereof. 
 
 Art. 17. Tt fliall be lawful for the fliips of 
 war of either party,and privateers, freely to car- 
 ry whitherfoever they pleafe the .fltips and 
 goods taken, from their enemies, without 
 being obliged to pay any duty to the officers of 
 
 the 
 
( '7 ) 
 
 the admiralty, or any other judges ; nor fhall 
 fuch prizes be arrefted or feized when they 
 come to and enter the port of each party ; 
 nor fliall the fearchers or other officers of 
 thofe places fearch the fame, or make exa- 
 mination concerning the lawfulnefs of fuch 
 prizes j but they may hoift fail at any time, 
 and depart, and carry their prizes to the 
 places cxprefTed in their commiflions, which 
 the commanders of fuch Ihips of war fhall 
 be obliged to fhcw. On the contrary, no 
 (helter or refuge fhall be given in their ports 
 to fuch as {hall have made prizes of the 
 fubjeds, people, or property of either of the 
 parties ; but if fuch fhall come in, being 
 forced by flrefs of weather, or the danger of 
 the fea, all proper means fhall be vigoroufly 
 ufed, that they go out and retire from thence 
 as foon as pofTible. 
 
 Art. i8. If any fhip belonging to either 
 of the parties, their people, or fubjedts, fhall 
 within the coafls or dominions of the other, 
 flick upon the fands, or be wrecked or fufFcr 
 any other damage, all friendly afUflance and 
 relief fliall be given to the pcrfons fhip- 
 
 wrcckec}. 
 
' :M 
 
 ; 
 
 I 
 
 ( i8 ) 
 
 wrecked, or fuch as (hall be in danger there- 
 of. And letters of fafe-condudl fhall like- 
 wife be given to them for their free and 
 quiet pqfTage from thence, and the return 
 of every one to his own country. 
 
 Art. 19. In cafe the fubjeds and inha- 
 bitants of either party, with their fhipping, 
 whether public and of war, or private and of 
 merchants, be forced through ftrefs of wea- 
 ther, purfuit of pirates, or any other urgent 
 neceflity, for feeking of flielter and harbour, 
 to retreat into any of the rivers, bays, roads, 
 or ports belonging to the other party^ they 
 jfhall be received and treated with all hu- 
 manity and kindnefs, and enjoy all friend- 
 ly protection and help 5 and they ihall be 
 permitted to refrefh and provide themfelves 
 at reafonable rateswithvicflualsandall things 
 needful for the fuftenance of their perfons, 
 or reparation of their fl^ips, and conveniency 
 of their voyage, and they fhall no ways be 
 detained or hindered from returning out of 
 the laid ports or roads, but may remove and 
 depart when and whither they pleafe, with-» 
 out any let or hindrance. 
 
 Art. 
 
( '9 ) 
 
 ArT. 20. For the better promoting of 
 commerce on both Tides, it is agreed, that if 
 a war fhould break out between the faid two 
 nations, fix months after the proclamation of 
 war fhall be allowed to the merchants in the 
 cities and towns where they live, for felling 
 and tranfporting their goods and merchan- 
 dizes; and if any thing be taken from them, or 
 any injury be done them within that term, by 
 cither party, or the people or fubjeds of either, 
 full fatisfaftion fhall be made for the fame. 
 
 Art. 21. No fubjedt of the mofl: chriftian 
 king fhall apply for or take any commifTion 
 or letters of marque for arming any fhip or 
 fhips to adl as privateers againfl the faid unit- 
 ed flates or any of them, or againfl the fub- 
 je(5^s, people, or inhabitants of the faid united 
 itatts or any of them, or againft the pro- 
 perty of any of the inhabitants of any 
 of them, from any prince or flate with 
 which the united ftates fliall be at war; 
 nor fhall any citizen, fubjedl, or inha- 
 bitant of the faid united flates, or any of them, 
 apply for or take any commiflion or letters 
 of marque for arming any fliip or fli ips to 
 ad as privateers againfl the fubjeds of the 
 
 D 2 mod 
 
I 
 
 ( 20 ) 
 
 inoA chriftlan king, or any of thciii, or the 
 property of any ol the inhabitants of any of 
 them, from any prince or ftate with which 
 the united ftatcs fliall he at war; nor fhall 
 any citizen, fubjed, or inhabitant of the faid 
 united ftatcs, or any of thein, apply for or 
 take any commiflion or letters of marque for 
 arming any fliip or fhips to a6l as privateers 
 rgainil tlie fnbjc<as of the moft chriftian 
 king, or any of them, or the property of any 
 of them, from any prince or ftate with which 
 the faid king fliall be at war j an.d if any per- 
 fon of either nation iliall take fuch commif- 
 fion or letters of marque, he fliall be punifli- 
 cd as a pirate. - , 
 
 Art. 22. It Avail not be lawful for any 
 foreign privateers, not belonging to the fub- 
 jed:s of the molt chriAiiin king, nor citizens 
 of the faid united ftatcs, who have commif- 
 fion from any other prince or ilate at enmity 
 with either nation, to fit their fliips in the 
 ports of either the one or the other of the 
 aforefaid parties, to fell what they have taken,, 
 or in any other manner whatlbever to ex- 
 change their Aiips, merchandizes, or any 
 other lading -, neither fliall they be allowed 
 
 cither 
 
( ^' ) 
 
 citlicr to purchafe viduals, except fuch as 
 fhall i^c ncccflary for their going to the next 
 port of that prince or ftate from which they 
 have commiilions. 
 
 • Art. 23. It ftiall be lawful for all and 
 fi ngular the fubjefts of the mod chriftiau 
 king, and the citizens, people, and inhabi- 
 tants of the faid united ftates, to fail with 
 their (hips with all manner of liberty and 
 fccurity, no diftindtion being made who are 
 the proprietors of the merchandize laden 
 thereon, from any port to the places of thofc 
 who now are or hereafter (hall be at enmity 
 with the moft chriftian king or the united 
 fta^tes. It (hall likewife be lawful for the 
 fubjeds and inhabitants aforefaid, to fail 
 with the (hips and merchandizes aforemen- 
 tioned, and to trade with the fame liberty 
 and fecurity from the places, ports, and 
 havens of thofe who u:e enemies of both or 
 cither party, without any oppofition or dif- 
 turbance whatfoever, not only diredly from 
 the places of the enemy aforementioned to 
 neutral places, but alfo from one place be- 
 longing to an enemy to another place belong- 
 ing to an enemy, whether they be under the 
 
 jurif- 
 
ijij! 
 
 m 
 
 li 
 
 ■ ( 22 ) 
 
 jurifdiftion of the fame prince or under fe- 
 vcial. And it is hereby ftip^ilated, that free 
 ihips (hall alfo have a freedom to goods, and 
 that every thing fhall be counted free and 
 exempt which fhall be found on board the 
 ihips belonging to 'he fubjccfls of either of 
 the confederates, although tjie^whole lading 
 or any part thereof (hould appertain to the 
 enemies of either, contraband goods being 
 always excepted. It is alfo agreed in like 
 manner, that the fame liberty be extended to 
 perfons who are on board a free iliip, with 
 this effedl, that although they be enemies to 
 both or either party, they are not to be taken 
 out of that free fiiip, unlefs they are foldiers 
 and in adual fervice of the enemies. 
 . Art. 24. This liberty of navigation and 
 commerce fhall extend to all kinds of mer- 
 chandizes, except thofe only which are dif- 
 tinguifhed by the name of contraband ; and 
 under this name of contraband or prohibited 
 goods fhall be comprehended arms, great 
 guns, bombs with their fufes and other 
 things belonging to them, cannon ball, gun- 
 powder, match, pikes, fvvords, lances, fpears, 
 halberds, mortars, petards, grenadoes,.falt- 
 
 petre. 
 
( 23 ) ^ 
 
 petre, mufkets, mufket-ball, bucklers, hel- 
 mets, breaft-plates, coats of mail, and the 
 like kinds of arms proper for arming foldiers, 
 muiket refls, belts, horfes with their furni- 
 ture, and all other warlike inftruments what- 
 ever. Thefe merchandizes which follow 
 fhall'not be reckoned among contraband or 
 prohibited goods ; that is to fay, all forts of 
 clothes, and all other manufadures woven of 
 any wool, flax, lilk, cotton, or any other 
 materials whatever, all kinds of wearing 
 apparel, together with the fpecies whereof 
 they are ufed to be made, gold and lilver, as 
 well coined as uncoined, tin, iron, latten, 
 copper, brafs, coals ; as alfo wheat and bar- 
 ley, and any other kind of corn or pulfe, 
 tobacco, and likev/ife all manner of fpices, 
 falted and fmoaked flefh, falted fifli, cheefe 
 and butter, beer, oils, .vines, fugars, and all 
 forts of falts, and in general all provifions 
 which ferve for the nourifhment of mankind 
 and the fuftenance of life : furthermore, all 
 kinds of cotton, hemp, flax, tar, pitch, ropes, 
 cables, fails, fail-cloth, anchors, and any 
 parts of anchors, alfo fliips ma'^s, planks, 
 
 boards 
 
( H ) 
 
 boards and beams of what trees foever, and 
 all other things proper cither for building or 
 repairing {hips, and all other goods what- 
 ever which have not been worked into the 
 form of any inftrument or thing prepared 
 for war by land or fea, (liall not be reputed 
 contraband, much lels fuch as have been al- 
 ready wrought up for any other ufe ; all of 
 which fhall be wholly reckoned among free 
 roods ; as likewife all other merchandizes 
 and things which arc not comprehended and 
 particularly mentioned in the foregoing enu- 
 meration of contraband goods, for that they 
 may be tranfported and carried in the frecft 
 'manner by the fubjeds of both confederates 
 even to places belonging to an enemy, fuch 
 towns or places being only excepted as are at 
 that time befieged, blocked up or invefled. 
 
 Art. 25, To the end that all manner of 
 diflentions and quarrels may be avoided and 
 prevented on one fide and the other, it is 
 agreed that in cafe either of the parties here- 
 to fhould be engaged in war, the fhips and 
 yeflels- belonging to the fubjedts or people of 
 the other ally muft be furniHied with fea 
 
 letters 
 
( *5 ) 
 
 f 
 
 iffing th< 
 
 letters or paflports, exprelling the name, 
 perty and bulk of the fliip, as alfo the name 
 and place of habitation of the mafter or com- 
 tnander of the faid ihip, that it n'-'.y appear 
 thereby that the flilp really and truly belongs 
 to the fubjeds of one of the parties, which 
 pafTport fliall be made out and granted ac- 
 cording to the form annexed to this treaty ; 
 they ihall likewife be recalled every year, 
 that is, if the fhip happens to return home 
 within 'the fpace of a year : it is likewife 
 agreed, that fuch fhips being laden are to be 
 provided not only with paflports as above 
 mentioned, but alfo with certificates, con^ 
 taining the feveral particulars of tfee cargo, 
 the place whence the fliip failed, and whi- 
 ther fhe is bound, that fo it may be known 
 whether any forbidden or contraband goods 
 be on board of the fame, which certificates 
 fhall be made out by the officers of the place 
 whence the fliip fet fail, in the accuftom- 
 cd form ; and if any one fhall think 
 it fit or advifable to exprefs in the faid 
 certificates the perfon to whom the goods 
 on board belong, he may freely do fo. 
 
 ^ Art, 
 
( 26 ) 
 
 . Art. 26. The fhips of the fubjcds and 
 inhabitants of cither of the parties coming 
 upon any coaft belonging to either of the 
 iaid allies, but not willing to enter into port, 
 or being entered into port and not willing 
 to unload their cargoes or break bulk, they 
 ihnll be treated accordipg to the general rules 
 prefcribcji or to be prefcribed relative to the 
 pbjedt in queflion. 
 
 Art. 27. If the fhips of the faid fubjeds, 
 people or inhabitants of either of the parties 
 fhall be met with, either failing along the 
 <:oafts or on the high feas, by any (hip of war 
 of the other, or by any privateers, the faid 
 fliips of war or privateers, for the avoiding 
 of any diforder, (hall remain out of cannon 
 fhot, and may fend their boats on board the 
 merchant (hip which they (hall meet with, 
 and may enter her to the number of two or 
 three men only, to whom the mafter or 
 commander of fuch (hips or velTels (hall ex- 
 hibit his paffport concerning the property of 
 the fliip, made out according to the form iur 
 ferted in this prefent treaty -, and the (hip, 
 when (he (hall have (hewed fuch pa(rport, 
 (liall be free ^nd at liberty to purfue her 
 
 voyage. 
 
\ 
 
 voyage, To as it {hall not be lawful to mdleft 
 or fearch in any manner, or to give her chafe> ; 
 or to force her to quit her intended cot.rfc. 
 
 Art. 28. It is alfo agreed, that all goods, 
 when once put on board the fhips or veilels 
 of either of the two contrading parties, fliall 
 be fubjedt to no further vifitation, but all vi* 
 fitation or fearch (hall be made before -hand, 
 and all prohibited goods fhall be flopped on 
 the fpot before the fame be put on board, un- 
 lefs there are manifeft tokens or proofs of frau- 
 dulent pradice 5 nor fhall either the perfons 
 or goods of the fubjefts of his moft chriftian 
 majefty, or the united ftates, be put under an 
 arreft or moleftedby any other kind of embar- 
 go for that caufe, and only the fubjedt of that 
 Hate to whom the faid goods have been or 
 {hall be prohibited, and who {hall prefumc 
 to fell or alienate fuch fort of goods, {hall 
 be duly puniflied for the offence. 
 
 Art. 29. The two contrading parties 
 grant mutually the liberty of having each in 
 the ports of the other confuls, vice-confuls, . 
 agents and commifl'aries, whofe fundtions 
 {hall be regulated by a particular agreement. 
 -,.:;■ E 2 Art, 
 
w 
 
 ( *8 ) 
 
 ' Art. 30. And the more to favour and faci- 
 litate the commerce which the fubjed:s of the 
 united ftates may have with France, themoft 
 chriftian king will grant them in Europe one 
 or more free ports, where they may bring 
 and difpofe of all the produce and merchan- 
 dize of the thirteen united ftates ; and his 
 majeily will alfo continue to the fubjedts of 
 the faid ftates, the free ports which have been 
 and are open in the French iflands of America, 
 of all of which free ports the faid fubjedts 
 of the united ftates fliall enjoy the ufe, 
 agreeable to the regulations which relate to 
 them. . . : " V 
 
 Art. 31. The prefent treaty fhall be ra- 
 tified on both fides, and the ratifications ihall 
 be exchanged in the fpace of fix months, or 
 fooner, if poflible. ' .;i n . '\ . 1 ; r . 
 
 In Faith Whereof the refpeftive plenipo- 
 . tentiaries have figned the above articles 
 both in the French and Englifli lan- 
 guages ; declaring, neverthelefs, that the 
 prefent treaty was originally compofed and 
 
 con- 
 
f 
 
 ( 29 ) i 
 
 . concluded in the French language^ and 
 . they have thereunto affixed their fcaJi€.^|i4i 
 
 DONE at Paris, this Sixth Day of 
 February r One Thoufand Seven Hundred 
 
 .' and Seventy-Eight. 'i^'i^ '.' ? 
 
 {U^,)C.A. GERARD. ' 
 (L.S.) B. FRANKLIN.^\ 
 
 (L.S.) .. SILAS DEANE. 
 (L.S.) ARTHUR LEE. , 
 
 Form of the Pajports and Letters which are 
 to be given to the Ships and Barques accord- 
 ing to the Tiventy-Jiftb Article of this 
 
 treaty. 
 
 ■ ■ *' • ' ■■■■•* 
 
 To all who fliall fee thefe prefents. Greeting, 
 
 IT is hereby made known, that leave and 
 
 permiffion has been given to ? - "r'rv^o 
 
 mafter and commander of the ihip called 
 
 ' of the town of 
 
 burthen tons or thereabouts, lying at 
 
 prefentin the port and haven of ? "*t 
 
 and bound for and laden with 
 
 After that this ihip has 
 been vifited, and before failing, he fhall 
 make oath before the officers who have the 
 
 jurif- 
 
w 
 
 (30 ) 
 
 junfdidion of maritime affairs, that the faid 
 fliip belongs to one or more of the fubjcds 
 
 1^^^- .; f • ' -r < the ad whereof fhaU be 
 
 put at the end of thefe prefents j as likewife 
 that he will keep and caufe to be kept by his 
 crew on board, the marine ordinances and 
 regulations, and enter in the proper office a 
 lift, figned and witneffed, containing the 
 names and firnames, the places of birth and 
 abode of the crew of his fhip, and of all who 
 fhall embark on board her, whom he ihall 
 not take on board without the knowledge 
 and permiffion of the officers of the marine ; 
 and in every port or haven where he (hall en- 
 ter with his ftiip, he ffiall fliew his prefent 
 leave to the officers and judge of the ma- 
 rine ; and (hall give a faithful account to them 
 of what pafTcd and was done during his 
 voyage; and he fhall carry the colours, arms 
 andenfigns of the united ftates during his 
 voyage. In witnefs whereof we have figned 
 thefe prefents, and put the feal of our arms 
 thereunto, and caufed the fame tobecoun- 
 tcrfignedby •..':i~j at the 
 
 day of '^'''" Anno Domini 
 
 " 
 
 TREAT Y 
 
■ >v 
 
 IT 
 
 i 3^ ) 
 
 ft *, 
 
 Vi.y^'.yi 
 
 i 
 
 TREATY OF ALLIANCE,' 
 
 • • •>! .'.IVi 
 
 .^«.>^ 
 
 J EVENTUAL and DEFENSIVE. , 'vi\ 
 
 •.I »T( 
 
 * , I. 
 
 LOUIS, ly the Grace of God, King of France 
 • •*• ' <?WNavarre, " , . 
 
 '. To all who fliall kerthek prefcnts, Greeting : > 
 
 HP HE Congrefs of theUnited States of North- Ame- 
 rica having hy their pknipctsntiaries refiding 
 in France, propofed to form with us a defenfive and 
 eventual alliance : IFillin^ to give the faid ftates an 
 efficacious proof of the intereji we take in their prof- 
 perity, we have determined to conclude the faid 
 alliance. For theft caufes, and other good conjiderations 
 thereto moving, we, repoftng entire confidence in the 
 capacity and experience, zeal and fidelity for our 
 fervice, of our dear and beloved Conrad Alexander 
 Gerard, royal fyndic of the city of Strafbourg, fecre" 
 tary of our council of ft ate, have nominated, com- 
 miffioned and deputed, and by thefe prefents, figned 
 with our hand, do nominate, commifjion and depute 
 him our plenipotentiary y giving him power andfpecial 
 fommand to a^ in this quality, a»d confer, negociate^ 
 freat and a^ree conjointly with the abovementioned 
 
 plenipO' 
 
\ 
 
 w 
 
 •^ ' ( 3^ ) 
 
 plenipotentiaries of the united ftates^ invejled in the 
 like manner with powers in due form to determine^ 
 ionclude and fign fucb articles, conventions, declara- 
 tions, definitive treaty, and any other aSs whatever, 
 as he fhall fudge proper to anfwer the end which we 
 propofe i promiftng on the faith and word of a king, 
 to agree to, confirm and ejiablifh for ever, to accom- 
 plifb and execute punSlually^ whatever our faid dear 
 and beloved Conrad AlcxLLdcr Gerard /ball have 
 ftipulated and figned in virtue of the prefent power, 
 without ever contravening it, or fuffering it to he 
 gOntravened for any caufe and under any pretext 
 whatever, as likewife to caufe our letters of ratifica- 
 tion to he made in due form, and to have them deli- 
 vered in order to he exchanged at the time that fhall 
 he agreed upon. For fuch is our pleafure. In teflimony 
 whereof we have fet our feal to thcfe prefent s. Given 
 at Verfailles, the thirtieth day of the month January, 
 in the year of grace one thoufand fevcn hundred and 
 feventy-eight, and the fourth of our reign, 
 
 , \ 
 
 (L. S.) 
 
 (Signed) 
 
 LOUIS. 
 
 By the King. 
 GRAVIER dc VERGENNES, 
 
 The 
 
( 33 )" .' 
 
 R E 
 
 T Y 
 
 nr 
 
 \\ 
 
 TH E Moft Chriftian King and the 
 United States of North America, to 
 iviti New-Hampfhire, Maflachufetts-Bay, 
 Rhode-ir.and, Conne<5licut, New York,^ 
 New J^rfey, Pennfylvania, Delaware, Mary- 
 land, Virginia, North-Garolina, and Georgia^ 
 having this day concluded a Treaty of Amity 
 and Commerce, for the reciprocal advantage 
 of their fubje^s and citizens, have thought 
 it necelTary to take into confideration the 
 means of ftrcngthening thofe engagements^ 
 and of rendering them ufeful to the fafety 
 and tranquility of the two parties ; partis 
 cularly in cafe Great Britain, in refentment 
 of that connedion, and of the good corref- 
 pondence which is the objedl of the faid 
 treaty, (hould break the peace with France, 
 either by direct hoflilities, or by hindering 
 her commerce and navigation in a manner 
 contrary to the rights of nations, and the 
 peace fubfifting between the two crowns. 
 
 F And 
 
( 34 ) 
 
 And his majefly and the faid united Aatei 
 having refolvcd in that cafe to join their 
 councils and efforts againfl the entcrprizcs 
 of their common enemy ; 
 
 The refpedtive plenipotentiaries impower- 
 ed to concert the claufes and conditions 
 proper to fulfil the faid intentions, have, 
 after the moll mature deliberation, conclud- 
 ed and determined on the following articles. 
 
 Article I. IF war Should break out 
 between France and Great-Britain during 
 the continuance of the prefeiit war between 
 the united dates and England, his majefly 
 and the faid united flates fhall make it a 
 common caufe, and aid each other mutually 
 with their good offices, their counfels, and 
 their forces, according to the exigence of 
 conjunctures, as becomes good and faithful 
 allies. • 
 
 Art. 2. The eflential and dire<3- end of 
 the prefent defenfive alliance is, to maintain 
 effedtually the liberty, fovereignty, and inde- 
 pendence, abfblute and unlimited, of the fai(l 
 united ftates, as well in matters of govern- 
 ment as of commerce. 
 
 Art. 
 
.V. ( 35 )■ • .• ' 
 Art. 3. The two contrading parties (hall, 
 each on its own part, and in the manner it 
 may judge moft proper, make all the efforts 
 in its power againd their common enemy, in 
 order to attain the end propofed. '^ 
 
 Art. 4. The contracting parties agree, that 
 in cafe cither of them fhould form any par- 
 ticular cnterprize in which the concurrence 
 of the other may be defired, the party whofc 
 concurrence is defired, fliall readily and with 
 good faith join to act in concert for that 
 purpofe, as far as circumflances and its own 
 particular fituation will permit -, and in that 
 cafe, they (hall regulate by a prrticular con- 
 vention, the quantity and kind of fuccour to 
 be furnifhed, and the time and manner of its 
 being brought into action, as well as the ad- 
 vantages which are to be its compenfation. 
 
 Art. 5. If the united dates Hiould think 
 fit to attempt the reduction of the Britifh 
 power remaining in the northern parts of 
 America, or the iflands of Bermudas, thofe 
 countries or iflands, in cafe of fuccefs, ihall 
 be confederated with, or dependent upon, 
 the faid united dates. 
 
 F 2 
 
 Art, 
 
■ . (\36 ) 
 
 Art. 6. The moft chriiljan kinpj fcjiouii- 
 ces for ever the po^efiion of thp ifl^nds of ^ 
 Bermudas, as well as of any part of the con-? 
 tincnt of North- America, whii:h before the 
 treaty of Paris, in 1763, or in virtue of that 
 treaty, were acknowledged to belong to the 
 crown of GreatrBritain, or to the united 
 ftates, heretofore called Britiilb colonies, or '■ 
 which are at this time, or have lately been^ ' 
 under the power of the king and crown of 
 Great-Britain. '^^> i»' ^^^^^ ^^^^ nrjor i\^i .1 'ki^m.\^ 
 
 Art. 7. If his moft chriftlan majefty (hall 
 think proper to attack any of the iflands fitu- 
 ated in the Gulph of Mexico, or near that 
 gulph, which are at prefent under the power 
 of Great- Britain, all the fald iiles, in cafe of 
 fucccf?, iliall appertain to the crown of 
 France. ■ — —■ - ^ •;-. 
 
 Art. 8. Neither of the two pairties fhall " 
 conclude either truce or peace with Great- 
 Britain, without the formal confent of the * 
 other firft obtained > and they mutually en- 
 gage not to lay down their arms, until the 
 independence of the united ftates fhall have 
 
 w 
 
 I-, 
 
 ■w.» w (HA'*. 
 
 been 
 
 .T '. 
 
( 3? ) ' , 
 
 been formally or tacitly affure*!, by the trea-i 
 ty or tffcaties that (liall terminate the war, ^ 
 Art. 9. The contrading parties declare^ *» 
 that being refolved tp fulfil each on its owa 
 part, the claufes and conditions of the prefent ^ 
 treaty of alliance, according to its own pow«> 
 er and circumftftnges, there (hall bi no after-*, 
 claim of compenfatioa, on one fide or the 
 other, whatever may be the event of the; 
 
 war. 
 
 ■■■th » t-^ ' ^ 
 
 ■ i -* V. * '■ '^ 
 
 ff<fk< . » »» t*-- 
 
 -.n^- « ■•-** *i* 
 
 ***#J 
 
 r Art. 10. The moO: chriftian king and the 
 uni^e^ ftates agree to invite or adn^It othcc 
 powers, who may have received rijurici 
 from England, to make common cauie with 
 themt and 10 accede to the prefent alliance, 
 under fuch oondiuons as iliall be freeijr: 
 agreed to, and fettled between all the par«. 
 
 ties. ^ . -i > .'. ., .\. ■.-*iv5'*r:-' u 
 
 ■ i 'i >.. t ftr 
 
 Art. 1 1 . The two parties guarantee m<*- 
 tually from the prefent time and for e^^cr,; 
 againft all other powers, fo w/>, the uniteii 
 ftates to his mQ0i cbriftian majefby, the pr^ 
 fent polleffions of the crown of France ini 
 America, as well as thofc which it may ac- 
 quire by the future treaty gf peace; and his 
 - moft 
 
( 3S ) 
 
 moft chriflian majcfty guarantees on hi§ part 
 to the united dates, their liberty, fovcreigr.ty, 
 and independence, abfolute and unlimited, 
 as well in matters of government as com- 
 merce, and alfo their poiTcflions, and the ad- 
 ditions or conquefts that their confederation 
 may obtain during the war, from any of the 
 dominions now or hereafter poffefled by 
 Great-Britain in North-America, conform- 
 able to the 5th and 6th articles above writ- 
 ten ; the whole as their poflefTion fhall be 
 fixed and afTured to the faid ll:ates, at the 
 moment of the cefl'ation of their prefent war 
 with England. < . 
 
 Art. 12. In order to fix more precifely 
 the fenfe and application of the preceding 
 article, the contracting parties declare, that 
 in cafe of a rupture between France and 
 England, the reciprocal guarantee declared 
 in the faid article fhall have its full force 
 and efFedt, the moment fuch war fliall break 
 out ; and if fuch rupture (hall not take place, 
 the mutual obligation of the faid guarantee 
 (hall not commence until the moment of the 
 ceffatioa of the prefent war, between the 
 
 united 
 
 II 
 
( 39 ) 
 
 united ftates and England, fliall have afcer* 
 tained their poflcflions, 1 "i?-^ .T^T^r.^ 
 
 Art. 13. The prefent treaty fhall be ra- 
 tified on both fides, and the ratifications fhall 
 be exchanged in the fpaqe of fix months, or 
 fooner, if poffible. / ^ ?> ifv 
 
 In Faith whereof the refpe(ftive ple- 
 nipotentiaries, to wit, on the part of the 
 moil chriftian king, Conrad Alexander 
 Gerard, royal fyndic of the city of Straf- 
 bourg, and fccretary of his majefty's 
 council of ftate; and on the part of the 
 pniteci ftates, Benjamin Franklin, deputy 
 to the general congrefs from the ftate 
 of Pennfylvania, and prefident of the 
 convention of fajd ftate; Silas Deane, 
 heretofore deputy from the ftate of Con- 
 'cdicutj and Art/fur Lee, counfellor at 
 lir , haye figned the above articles both 
 in the French and Englifti languages; 
 declaring, neverthelefs, that the prefent 
 treaty was originally compofed and 
 f oncluded in the French language, and 
 they have hereunto affixed their feals. 
 
 DONE 
 
ppwr?!!^ fWmmvii. II 
 
 "■WPiiiPII 
 
 Iruary, one tboufimd fevm bunUrUand 
 
 ' (I..SvJ ; e. A. GfeR^RD* 
 
 (L. S.) :^ ^2iqi -ft; FftANKLIN. • 
 (E;^.) SfLASDEANE. ' 
 
 
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