States and England, his Majesty and the faid United States 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. II. The effential and direct end of the prefent defenfive al liance is, to maintain effectually the liberty, fovereignty and independence, abfolute and unlimited, of the faid United States, as well in matters of government as of commerce.

Art. III. The two contracting parties fhall, each on its own part, and in the manner it may judge most proper, make all the efforts in its power against their common enemy, in order to attain the end propofed.

Art. IV. The contracting parties agree, that in cafe either of them fhould form any particular enterprife in which the concurrence of the other may be defired, the party whofe concurrence is defired fhall readily and with good faith join to act in concert for that purpose, as far as circumftances and its own particular fituation will permit; and in that cafe, they fhall regulate, by a particular convention, the quantity and kind of fuccour to be furnished, and the time and manner of its being brought into action, as well as the advantages which are to be its compenfation.

Art. V. If the United States fhould think fit to attempt the reduction of the British power remaining in the northern parts of America, or the iflands of Bermudas, thofe countries or iflands, in cafe of fuccefs, fhall be confederated with, or dependent upon, the faid United States.

Art. VI. The Moft Chriftian King renounces for ever the poffeffion of the islands of Bermudas, as well as of any part of the contiment of North-America, which, before the treaty of Paris, in 1763, or in virtue of that treaty, were acknowledged to belong to the crown of Great-Britain, or to the United States, heretofore called British colonies, or which are at this time, or have lately been, under the power of the King and Crown of Great-Britain.

Art. VII. If his Moft Chriftian Majefty fhall think proper to attack any of the islands fituated in the Gulph of Mexico, or near that Gulph, which are at prefent under the power of Great-Britain, all the faid ifles, in cafe of fuccefs, fhall appertain to the Crown of France.

Art. VIII. Neither of the two parties fhall conclude either truce or peace with Great-Britain, without the formal confent of the other

firft obtained; and they mutually engage not to lay down their arms, until the independence of the United States fhall have been formally or tacitly aflured, by the treaty or treaties that fhall terminate the

war.

Art. IX. The contracting parties declare, that being refolved to fulfil each on its own part, the claufes and conditions of the prefent treaty of alliance, according to its own power and circumstances, there fhall be no after-claim of compenfation, on one fide or the other, whatever may be the event of the war.

Art. X. The Moft Chriftian King and the United States agree to invite or admit other powers, who may have received injuries from England, to make a common caufe with them, and to accede to the prefent alliance, under fuch conditions as fhall be freely agreed to, and fettled between all the parties.

Art. XI. The two parties guarantee mutually, from the present time and for ever, against all other powers, to wit, the United States to his Most Christian Majefty, the prefent poffeffions of the Crown of France in America, as well as those which it may acquire by the future treaty of peace; and his Moft Christian Majesty guarantees, on his part, to the United States, their liberty, fovereignty and independence, abfolute and unlimited, as well in matters of government as commerce, and alfo their poffeffions, and the additions or conquefts that their confederation may obtain during the war, from any of the dominions now or heretofore poffeffed by Great-Britain in North-America, conformable to the fifth and fixth articles above written; the whole, as their poffeffion, fhall be fixed and affured to the faid States, at the moment of the ceffation of their prefent war with England.

Art. XII. 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 effect, the moment fuch war fhall break out; and if fuch rupture fhall not take place, the mutual obligations of the faid guarantee fhall not commence until the moment of the ceflation of the prefent war between the United States and England fhall have afcertained their poffeffions.

Art. XIII. The prefent treaty fhall be ratified on both fides, and ratifications fhall be exchanged in the space of fix months, or foouer, if poffible.

VOL. IV.

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In

In faith whereof the refpective plenipotentiaries, to wit, on the part of the Moft Chriftian King, Conrad Alexander Gerard, royal fyndic of the city of Strafburg, and fecretary of his Majefty's Council of State; and on the part of the United States; Benjamin Franklin, deputy to the General Congress from the State of Pennfylvania, and prefident of the Con vention of faid State; Silas Deane, heretofore deputy from the State of Connecticut; and Arthur Lee, counfellor at law, have figned the above articles both in the French and English languages; declaring, nevertheless, that the prefent treaty was originally compofed and concluded in the French language, and they have hereunto affixed their feals.

Done at Paris this fixth day of February, one thoufand feven hundred and feventy-eight.

CONVENTION BETWEEN FRANCE AND AMERICA:

By the Prefident of the United States of America.

A PROCLAMATION.

WHEREAS a convention, for defining and establishing the

functions and privileges of the refpective confuls and vice-confuls of his Moft Chriftian Majefty and the faid United States, was concluded and figned by the plenipotentiaries of his faid Moft Christian Ma jefty and of the faid United States, duly and refpectively authorised for that purpose, which convention is in the form following, viz.

CONVENTION,

Between bis Maft Chriftian Majefty and the United States of America, for the purpose of defining and eflablishing the functions and privileges of their respective confuls and vice-confuls.

His Majesty the Moft Chriftian King and the United States of America having, by the twenty-ninth article of the treaty of Amity

and

and Commerce concluded between them, mutually granted the li berty of having, in their respective States and ports, confuls, viceconfuls, agents and commiffaries; and being willing, in confequence thereof, to define and establish, in a reciprocal and permanent manner, the functions and privileges of confuls and vice-confuls, which they have judged it convenient to establish of preference, his Moft Christian Majesty has nominated the Sieur Count of Montmorin, of St.Herent, marechal of his camps and armies, knight of his orders and of the Golden Fleece, his counfellor in all his councils, minifter and fecretary of state and of his commandments and finances, having the department of foreign affairs; and the United States have nominated the Sieur Thomas Jefferfon, citizen of the United States of America, and their minifter plenipotentiary near the king, who, after having communicated to each other their refpective`full powers, have agreed on what follows:

Art. I. The confuls and vice-confuls, named by the Moft Chriftian King and the United States, fhall be bound to prefent their commiffions according to the forms which fhall be established refpectively by the Moft Chriftian King within his dominions, and by the Congress within the United States. There fhall be delivered to them, without any charges, the exequatur neceffary for the exercife of their functions: and on exhibiting the faid exequatur, the governors, commanders, heads of justice, bodies corporate, tribunals and other officers, hav. ing authority in the ports and places of their confulates, fhall caufe them to enjoy, immediately and without difficulty, the pre-eminences, authority and privileges, reciprocally granted, without exacting from the faid confuls and vice-confuls any fees under any pretext what

ever.

Art. II. The confuls and vice-confuls, and perfons attached to their functions, that is to fay, their chancellors and fecretaries, fhall enjoy a full and entire immunity for their chancery and the papers which fhall be therein contained. They fhall be exempt from all perfonal fervice, from foldier's billets, militia, watch, guard, guardianship, trufteefhip, as well as from all duties, taxes, impofitions, and charges whatfoever, except on the estate real and perfonal of which they may be the proprietors or poffeffors, which fall be fubject to the taxes impofed on the eftates of all other individuals: and in all other instances, they fhall be subject to the laws of the land, as the natives are. Thofe of the faid confuls and vice-confuls, who fhall exercise commerce, fhall be refpectively fubject to all taxes, charges

charges and impofitions, established on other merchants. They hali pace over the outward door of their house, the arms of their fovereign; but t. is mark of indication fhall not give to the faid houfe any privilege of afylum for any perfon or property whatso

ever.

Art. III. The respective confuls and vice-confuls may establish agents in the different ports and places of their departments, where neceffity fhali require. Thefe agents may be chofen among the merchants, either national or foreign, and furnished with a commiffion from one of the faid confuls. They fhall confine themselves refpectively to the rendering to their respective merchants, navigators and veffels, all poffible fervice, and to inform the nearest conful of the wants of the faid merchants, navigators and veffels-without the faid agents otherwife participating in the immunities, rights and privileges, attributed to confuls and vice-confuls and without power, under any pretext whatever, to exact from the faid merchants any duty or emolument whatsoever.

Art. IV. The confuls and vice-confuls refpectively may establish a chancery, where fhall be depofited the confular determinations, acts and proceedings, as alfo teftaments, obligations, contracts and other acts, done by or between perfons of their nation, and effects left by deceafed perfons, or faved from fhipwreck. They may, confequently, appoint fit perfons to act in the faid chancery; receive and fwear them in; commit to them the custody of the feal, and au thority to feal commiffions, fentences and other confular acts; and alfo to discharge the functions of notary and register of the consulate.

Art. V. The confuls and vice-confuls respectively shall have the exclufive right of receiving in their chancery, or on board of veffels, the declarations and all other acts, which the captains, masters, crews, paifengers and merchants of their nation may choose to make there, even their teftaments and other difpofals by laft will: and the copies of the faid acts, duly authenticated by the faid confuls or vice-confuls, under the feal of the confulate, fhall receive faith in law, equally as their originals would, in all the tribunals of the dominions of the Moft Chriftian King and of the United States. They fhall alfo have, and exclufively, in cafe of the abfence of the teftamentary exccutor, adminiftrator, or legal heir, the right to inven tory, liquitate and proceed to the fale of the perfonal estate left by fubjects or citizens of their nation, who fhall die within the extent of their confulate: they fhall proceed therein with the affiftance of

two