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These merchandises which follow shall not be reckoned among con: traband or prohibited goods; that is to say, all forts of clothes, and all other manufactures woven of any wool, flax, filk, 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 or pulse, tobacco, and likewise all inanner of spices, falted and smoaked flesh, falted filli, cheese and butter, beer, oils, wines, fugars, 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, fax, tar, pitch, ropes, cables, fails, failcloth, anchors, and any parts of anchors, also ships masts, planks, boards and beams of what trees foever, and all other things proper either for building or repairing thips, and all other goods whatever which have not been worked into the form of any instrument or thing prepared for war by land or sea, shall not be reputed contraband, much less such as have been already wrought up for any other use; all of 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 confederates even to places belonging to an enemy, such towns or places being only excepted as are at that time befieged, blocked up or invested.
Art. XXV. To the end that all manner of dissensions 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 of people of the other ally must be furnished with sea letters or passports, expref. sing 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 fhall be made out and granted according to the forın 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 fhips 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 failed, and whither she is bound, that so it may be knows 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 fet fail, in the accustomed form ; and if any one fall think it fit or advisable to express in the said certificates the person to whom the goods on board belong, he may freely do so.
Art. XXVI. 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 post 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.
Art. XXVII. If the ships of the said subjects, people or inhabitants of either of the parties shall be met with, either failing along the coasts or on the high seas, by any tip 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 cannot shot, and may send their boats on board the merchant Mip 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 fhall exhibit his paslport concerning the property of the ship, made out according to the form inserted in this present treaty; and the ship, when she shall have newed such passport, shall be free and at liberty to pursuo her voyage, so as it shall not be lawful to moleft or search in any manner, or to give her chace, or to force her to quit her intended courie.
Art. XXVIII. 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 further visitation, but all visitation or fearch shall be made beforehand, and all prohibited goods Thall 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 fall be prohibited, and who fhall presume to sell or alienate such fort of goods, thall be duly punithed for the offence.
Art. XXIX. The two contracting parties grant mutually the liberty of having each in the ports of the other, confuls, vice-confuls, agents and commissaries, whose functions fhall be regulated by a particular agreement.
agents a lift,
Art. XXX. 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 mer. chandise of the Thirteen United States; and his Majesty will allo 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.
Art. XXXI. 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 plenipotentiaries have signed the
above articles both in the French and English languages; de-
B. FRANKLIN, (L. S.)
SILAS DEANE, (L. S.)
Form of the palports and letters which are to be given to the ships and
barques, according to the twenty-fifth 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 Phip 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 this ship has been visited, and before failing, 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 subječts 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 the marine ordinances and regulations, and enter in the proper office 1
a lift, figned and witnessed, containing the names and surnames, 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 others of the marine; and in every port or haven where he Mall enter with his ship, he shall shew his present leave to the officers and judges of the marine ; and fhall give a faithful account to them of what passed and was done during his voyage ; and he shall carry the colours, arms and enliga of the King or United States during his voyage. In witness whereof we have signed these presents, and put the seal of our arms there. unto, and caused the fame to be counterfigned by the
APPENDI X. No. II.
TREATY OF ALLIANCE,
EVENTUAL AND DEFENSIVE.
'LOUIS, by the Grace of God, King of France and Navarre,
to all who shall see these presents, greeting: The Congress of the United States of North America having, by their plenipotentiaries residing in France, proposed to form with us a defensive and eventual alliance: Willing to give the said States an efficacious proof of the interest we take in their prosperity, we have determined to conclude the said alliance. For these causes, and other good considerations thereto moving, we, repofing entire confidence in the capacity and experience, zeal and fidelity for our service, of our dear and beloved Conrad Alexander Gerard, royal fyndic of the city of Strasburg, fecretary of our council of state, have nominated, commissioned and deputed, and by these presents, signed with our hand, do nominate, commission and depute him our plenipotentiary, giving him power and special command to act in this quality, and confer, negociate, treat and agree conjointly with the above-mentioned plenipotentiaries of the United States, invested in the like manner with powers in due form, to determine, conclude and sign such articles, conditions, conventions, declarations, definitive treaty, and any other acts whatever, as he shall judge proper to
answer the end which we propose; promising on the faith and worú cf a king, 10 agree to, confirm and establish for ever, to accomplish and execute punctually, whatever our faid dear and beiovod Conrad Alex.nder Gerard shall have stipulated and signed in virtue or the present power, without ever contravening it, or fufferinit to be cont, avened for any cause and under any pretext whatever; as likewise to cause our letters of ratification to be made in due form, and to have them delivered, in order to be exchanged at the time that shall be agreed upon. For such is our pleasure. In testimony whereof we have set our feal to these presents. Given at Versailles, the thirtieth day of the month of January, in the year of grace, one thousand seven hundred and feventy-eight, and the fourth of our reign.
(Signed) (L. S.)
LOU I S.
By the King, GRAVIER DE VERGENNES.
The Most Christian King and the United States of North-America, to wit, New-Hampshire, Mafsachusetts 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 tranquillity of the two parties; particularly in case Great-Britain, in refentment 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 hoftilities, or by hindering her commerce and navigation in a manner contrary to the rights of nations, and the peace sublisting between the two crowns. And his Majesty and the said United States having resolved in that case to join their counsels and efforts against the enterprises of their common enemy;
The respective plenipotentiaries 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 GreatBritain during the continuance of the present war between the United