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APPENDIX. No. I:
TRE À TI E S
His MOST CHRISTIAN MAJESTY AND THE THIRTEEN UNİTED
STATES OF AMERICA.
TREATY OF AMITY AND COMMERCE.
Louis, by the Grace of God; King of France and Navarre, to
all who shall see these presents, greeting:
HE Congress of the Thirteen United States of North-America having, by their Plenipotentiaries 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 eur affection, determining us to accept of their proposals: for these causes, and other good confiderations 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 Strasburg, and fecretary 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 plenipotentiary, giving him power and special command for us and in our name, to agree upon, conclude and sign with the plenipotentiaries of the VOL. IV.
United States, equally furnished in due form with full powers, such Treaty, Convention, and Articles of Commerce and Navi. gation, as be shall think proper; willing that he act with the fame 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 for ever, and to accomplish and execute punctually, all that our faid dear and beloved Conrad Alexander Gerard Mall stipulate and sign, by virtue of the present power, without contravening it in any man'ner, 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 uime that shall be agreed on. For such is our pleasure. In teltimony whereof we have hereunto set our seal. Done at Verfailles this thirtieth day of January, in the year of our Lord one thousand seven hundred and seventy-eight, and the fourth yeas of our reign.
(Signed) (L. S.)
1. OUI S. (Underneath )
By the King. GRAVIER DE VERGENNES,
The Most Christian King, and the Thirteen United States of North America, to wit, New-Hampshire, Massachusett's-bay, RhodeIfand, Connecticut, New-York, New-Jersey, Pennsylvania, Dela. ware, Maryland, Virginia, North-Carolina, South Carolina and Georgia, williog 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 Moft Chriflian 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 navigation and commerce, those interior regulations which it fhall find most convenient to itselt, and by founding the advantage of commerce folely upon reciprocal utility, and the just rules of free intercourse; reserving withal to each party the liberty of adipitting, at its pleasure, other nations to a
participation of the same advantages. It is in the spirit of this in. tention, and to fulfil these views, that his faid Majesty, having named and appointed for his plenipotentiary Conrad Alexander Gerard, royal fyndic of the city of Strasburg, secretary of his majesty's council of ftate ; and the United States, on their part, having fully empowered Benjamin Franklin, deputy from the State of Pennsylvania to the General Congress, and president to the con. vention of the 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, 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, iflands, cities and towns, situate under the jurisdiction of the Most Christian King and of the faid United States, and the people and inhabitants of every degree, without exception of persons or places, and the terins herein after mentioned, shall be perpetual between the Most Christian King, his heirs and successors, and the said United States.
Art. II. The Most Chriftian King and the United States engage mutually not to grant any particular favour to other nations, in refpect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same favour freely, if the concellion was freely made, or on allowing the same compensation, if the conceffion was conditional.
Art. III. The subjects of the Most Christian King fhall 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 Mall 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.
Art. 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 under the domination of his Most Christian Majesty in Europe, any other or greater duties or impofts, of what nature foever the 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.
Art. V. In the above exemption is particularly comprised the imposition of one hundred fous per ton, established in France on foreign Mips, unless when the ships of the United States shall load with the merchandise of France for another port of the said dominions ; in which case the ships fhall 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 fall judge it proper, to establish a duty cquivalent in the fame cafe.
Art. VI. The Most Christian King Mall endeavour, by all the means in his power, to protect and defend all vessels and the effe&ts belonging to the subjects, people or inhabitants, of the said United States, or any of them, being in his ports, havens or roads, or on the seas near his countries, illands, cities or towns; and to recover and restore to the right owners, their agents or attornies, ail such vefsels and effects which shall be taken within his jurisdiction; and the ships of war of his Moft Christian Majesty, or any convoy failing under bis authority, thall, upon all occafions, take under their protection ali veisels belonging to the subjects, people or inhabitants, of the taid United States, or any of them, and holding the same courie, 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 tacks, force or violence, in the same manner as they ought to protect and defend the vessels belonging to the subjects of the Most Chris, tian King.
Art. VII. In like manner the said United States, and their ships of war failing under their authority, thall protect and defend, con. formably to the tenor of the preceding article, all the vefsels and effects belonging to the subjects of the Most Chriftian King, and use all their endeavours to recover, and cause to be restored, the
Caid vessels and effects that shall have been taken within the juris, diction of the said United States, or any of them.
Art. VIII. The Most Christian King will employ his good offices and interpositions with the King or Emperor of Morocco or Fez; the regencies of Algiers, 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 faid king, emperor, states and powers, and each of them, in order to provide as fully and efficaciously as possible, for the beneft, conveniency and safety of the said United States, and each of them, their subjects, people and inhabitants, and their vefsels and effects, against all violence, insults, attacks or depredations, on the part of the said princes and itates of Barbary, or their subjects.
Art. IX. The subjects, inhabitants, merchants, commanders of fhips, masters and mariners of the states, provinces and dominions of each party respectively, shall abftain and orbear to fish in all places possessed, or which shall be poflessed by the other party; the Most Christian King's subjects shall not fill in the havens, bays, creeks, roads, coasts or places, which the said United States hull, or Niall hereafter hold; and in like manner the subjects, people and inhabitants of the United States shall not fith in the havens, bays, creeks, roads, coasts or places, which the Moft Chriftian King pofsesses, or fall hereafter poflets; and if any ship or veliel shall be found filling contrary to the tenor of this treaty, the said ihip or vessel, with its lading, (proof being made thereof) shall be confil. cated: it is however understood, that the exclusion ftipulated in the present article fhall take place only so long, and so far, as the Moff Christian King, or the United States, shall not in this respect have granted an exemption to some other nation.
Art. X. The United States, their citizens and inhabitants, fall never disturb the subjects of the Most Christian King in the enjoyment and exercise of the right of fishing on the banks of Newfound. land, 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 li and each of the isles which belong to his Moft Chriftian Majesty, the whole conformable to the true sense of the treaties of Utrecht and Paris.
Art. XI. The subjects and inhabitant of the said United States, or any of them, shall not be reputed aubains in France, and consequently shall be exempted from the droit d'aubaine, or other fimilar 3