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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 [ *88 ] 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.


Six months allowed after the declaration of a war between the parties, for the sale

and transportation of the property of their citizens and subjects. Art. 20. For the better promoting of commerce on both sides, it is agreed, that if a war shall break out between the said iwo nations, six months after the proclamation of war shall be allowed to the merchants in the cities and towns where they live, for selling and transporting their goods and merchandises ; 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.

The citizens and subjects of cach party prohibited from taking commissions from a

third power to cruise against each other.

Art. 21. 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 said 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 commissions [ *89 ] * or letters of marque, he shall be punished as a pirate. Privateers cruising under.commissions from a third power at enmity with one of

the parties, not to be allowed to fit their ships or sell their prizes in the ports of the United States or those of France.

Art. 22. It shall not be lawful for any foreign privateers, not belonging to subjects of the most christian king, nor citizens of the said United States, who have commissions from any other prince or state in enmity with cither nation, to fit their ships in the ports of either the one or the other of the aforesaid parties, to sell what they have taken, or in any other manner whatsoever to exchange their ships, merchandises, 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.

Free trade allowed to one party with the enemy of the other, &c.
Free ships to make free goods.
All persons on board free ships, except soldiers in the actual service of an enemy, to

be protected. Art. 23. 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 merchandises 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 merchandises 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 [ *90 ] 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 free and exempt which shall be found on board the ships belonging to the subjects of either of the confederates, although the whole lading, or any other 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.

Enumeration of articles which are to be considered as contraband of war.
Discrimination as to goods not contraband, &c.

ART. 24. This liberty of navigation and commerce shall extend to all kinds of merchandises, 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 the fusees, and other things belonging to them, cannon ball, gunpowder, match, pikes, swords, lances, spears, halberds, mortars, petards, granades, 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 merchandises * which follow, shall not be reckoned among [ *91 ] 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, and likewise all manner of spices; salted and smoked 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 merchandises 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 confede[ *92 ) rates, even to places belonging to an enemy, * such towns or places being only excepted as are at that time besieged, blocked up, or invested.

In case either of the parties should be engaged in war, the ships and vessels of the

other to be furnished with sea letters or passports, and also with certificates, &c.

ART. 25. 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 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 abovementioned, 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 the same; which certificates shall be made out by the officers of the place whence the ship set sail, in the accustomed form; and if any one shall think it fit or advisable to express in the said certificates, the person to whom the goods belong, he may freely do so.

The ships of either party, on the coasts or in the ports of the other, not willing to

unload, are to be treated according to certain general rules.

* Art. 26. The ships of the subjects and inhabitants of [ *93 ] either of the parties, coming upon any coasts 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.

Merchant ships of either party, met by the armed vessels of the other, to be visited

in boats, and entered by two or three men only, the armed vessel remaining out of cannon shot, &c.

Art. 27. 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 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 aboard the merchant ship which they shall so meet with, and may enter her to 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 t inserted in this present treaty, and the ship, when she shall have showed 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 chase or force her to quit her intended course.

Visitation or search of goods to be made before they are laden, &c.

Art. 28. 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 beforehand, and all prohibited goods shall be stopped on the spot, before the same be put on * board unless there are [ *94 ] 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.

Each party allowed to have consuls in the ports of the other.

Art. 29. The two contracting parties grant mutually the liberty of having each in the ports of the other, consuls, vice consuls, agents,

[+ The passport here referred to, relates merely to the ownership of the vessel, the identity of the crew, the occurrences of the voyage, obedience to the laws, &c.]

and commissaries, whose functions shall be regulated by a particular agreement.

Free ports to be allowed in France to citizens of the United States, who may continge

to trade to the free ports in the West Indies.

Art. 30. And the more to favour 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 merchandise 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.

Ratifications to be exchanged in six months. Art. 31. 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. [ *95 ] * In faith whereof the respective plenipotentiaries 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. Done at Paris, this sixth day of February, one thousand seven hundred and seventy-eight.

C. A. GERARD, (L. S.]

No. 2. Treaty of Alliance between the United States of America

and his most Christian Majesty.


Treaty of Alliance. Treaty of alliance made to cement mutual interests, and to guard against the hostility

of Great Britain towards France. 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

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