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consent that the goods and effects of enemies, on board the ; ships and vessels of either party, shall be liable to seizure and confiscation.
“ The twenty-fifth article is not to be insisted on.
“ You will solicit the court of France for an immediate supply of twenty or thirty thousand muskets and bayonets, and a large supply of ammunition and brass field-pieces, to be sent under convoy by France. The United States engage for the payment of the arms, artillery and ammunition, and to indemnify France for the expense of the convoy.
Engage a few good engineers in the service of the United States.
“ It is highly probable that France means not to let the United States sink in the present contest. But as the difficulty of obtaining true accounts of our condition may cause an opinion to be entertained that we are able to support the war on our own strength and resources longer than, in fact, we can do, it will be proper for you to press for the immediate and explicit declaration of France in our favour, upon a suggestion that a re-union with Great Britain may be the consequence of a delay.
“ Should Spain be disinclined to our cause, from an apprehension of danger to his dominions in South America, you are empowered to give the strongest assurances, that that crown will receive no molestation from the United States, in the possession of these territories."
Concluded February 6, 1778 ; Ratified by the Continental Congress May 4,
1778 ; Ratifications exchanged at Paris, July 17, 1778.
“ 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, 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 burthensome preferences which are usually sources of debate, embarrassment, and discontent; by leaving, also, each party at liberty to make, respecting commerce and navigation, those interior regulations which it shall find most convenient to itself; and by founding 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 Plenipotentiary, 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 of 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 Plenipotentiaries, after exchanging their powers, and after mature deliberation, have concluded and agreed upon the following articles."
ARTICLE I.-(Declaration of Amity.) “ 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 United 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 hereinafter mentioned shall be perpetual between the Most Christian King, his heirs and successors, and the said United States.”
ARTICLÈ 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."
ARTICLES III. and IV.-Mutual agreement not to levy discriminating duties, but on the basis of the most favored nation, instead of on the rights of nations. See Plan of Treaties, II.
ARTICLE V.-Special exemption in respect of certain French tonnage duties.
ARTICLES VI and VII.-Mutual protection afforded to vessels. See Plan of Treaties, IV.
ARTICLE VIII.—The King of France promises to employ his good offices with the Barbary Powers, in favor of the United States. See Plan of Treaties, VII.
ARTICLE IX.- (Fisheries.)—“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; " (etc.)
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 designated by the treaty of Utrecht; nor in the rights relative to all and each of the isles which belong to Ilis Most Christian Majesty; the whole conformable to the true sense of the treaties of Utrecht and Paris."
ARTICLE XI.-(Droit'd Aubaine.) “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 prerogative 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 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 vigour, 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.” 1
ARTICLE XII.—Proof of the nationality of merchant vessels passports and certificates.
ARTICLE XIII.-Proceedings in the case of contraband goods. If only a part of the cargo be contraband, the captor may take that part on board his ship, and permit the captured ship to proceed on her voyage. See Plan of Treaties, XVI.
ARTICLE XIV.-Enemy's flag will not protect neutral goods put on board after the declaration of war is known to the owner. See Plan of Treaties, XVII.
ARTICLE XV.- Indemnity guaranteed for injury to vessels. See Plan of Treaties, XVIII.
1“ The two articles following were originally agreed to, but afterwards rescinded, to wit:
ARTICLE XI.—“It is agreed and concluded that there shall never be any duty imposed on the exportation of the melasses 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 preceding article, it is agreed and concluded that there shall never be any duties imposed on the exportation of any kind of merchandise 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 melasses."
ARTICLE XVI.- Proceedings in the case of recapture from pirates. See Plan of Treaties, XIX. .
ARTICLE XVII.-(Prizes.) See Plan of Treaties, XX.—“It 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 ports of either party; nor shall the searchers or other officers of such places search the same, or make examination concerning the lawfulness of such prizes, but they may hoist sail 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 show; 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 XVIII.-Friendly assistance to be given to shipwrecked persons. See Plan of Treaties, XXI.
ARTICLE XIX.—Asylum to be granted to vessels in distress, whether through stress of weather, pursuit of pirates or enemies, or any other urgent necessity. See Plan of Treaties, XXII.
ARTICLE XX.-In the event of war between the two nations, merchants to have six months in which to remove their goods, etc. See Plan of Treaties, XXIII.
ARTICLE XXI.—Letters of marque not to be taken by the citizens of either party from the enemies of the other. See Plan of Treaties, XXIV.'
ARTICLE XXII.-Foreign privateers not allowed to be fitted out or to sell their prizes in the ports of either party. See Plan of Treaties, XXV. ARTICLE XXIII.-It shall be lawful for the citizens of either
.—, nation, being neutral, to trade with the enemies of the other; and free ships shall give freedom to goods, contraband goods always excepted. See Plan of Treaties, XXVI.
ARTICLE XXIV.-Enumeration of contraband goods, and