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APPENDIX. No. I:
HIS MOST CHRISTIAN MAJESTY AND THE THIRTEEN UNİTED
STATES OF AMERICA.
TREATY OF AMITY AND COMMERCE.
LOUIS, by the Grace of Gob, King of France and Navarre, to all who shall see these prefents, greeting:
THE Congrefs of the Thirteen United States of North-America
having, by their Plenipotentiaries refiding at Paris, notified their defire 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 faid States a fenfible proof of eur affection, determining us to accept of their propofals: for thefe caufes, and other good confiderations us thereunto moving, we, repofing entire confidence in the abilities and experience, zeal and fidelity for our fervice, of our dear and beloved Conrad Alexander Gerard, royal fyndic of the city of Strasburg, and fecretary of our council of flate, have nominated, appointed, and commiffioned, and by these presents, figned with our hand, do nominate, appoint and commiffion him our plenipotentiary, giving him power and fpecial command for us and in our name, to agree upon, conclude and fign with the plenipotentiaries of the VOL. IV. United
United States, equally furnished in due form with full powers, fuch Treaty, Convention, and Articles of Commerce and Navigation, as be fhall think proper; willing that he act with the fame authority as we might or could act, if we were perfonally prefent, and even as though he had more fpecial command than what is herein contained; promifing 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 fhall ftipulate and fign, by virtue of the present power, without contravening it in any manner, or fuffering it to be contravened for any caufe, or under any pretext whatfoever; and alfo to ratify the fame in due form, and cause our ratification to be delivered and exchanged in the time that fhall be agreed on. For fuch is our pleasure. In teftimony whereof we have hereunto fet our feal. Done at Verfailles this thirtieth day of January, in the year of our Lord one thousand seven hundred and seventy-eight, and the fourth year of our reign.
By the King.
GRAVIER DE VERGENNES.
The Moft Chriftian King, and the Thirteen United States of North America, to wit, New-Hampshire, Maffachufett's-bay, RhodeIfland, Connecticut, New-York, New-Jerfey, 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 defire to establish between their refpective countries, ftates and fubjects; his Moft Chriftian Majefty and the faid United States have judged, that the faid end could not be better obtained, than by taking for the bafis of their agreement the most perfect equality and reciprocity, and by carefully avoiding all those burthenfome preferences which are usually fources of debate, embarraffiment and difcontent; by leaving alfo each party at liberty to make refpecting navigation and commerce, thofe interior regulations which it fhall find moft convenient to itself, and by founding the advantage of commerce folely upon reciprocal uti lity, and the juft rules of free intercourfe; referving withal to each party the liberty of adipitting, at its pleasure, other nations to a
participation of the fame advantages. It is in the spirit of this intention, and to fulfil thefe views, that his faid Majefty, having named and appointed for his plenipotentiary Conrad Alexander Gerard, royal fyndic of the city of Strafburg, fecretary of his majefty'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 prefident to the con vention of the State; Silas Deane, late deputy from the State of Connecticut to the faid Congrefs; and Arthur Lee, counsellor at law; the faid refpective plenipotentiaries, after exchanging their powers, and after mature deliberation, have concluded and agreed upon the following articles:
Article I. There fhall be a firm, inviolable and univerfal peace, and a true and fincere friendship, between the Most Christian King, his heirs and fucceffors, and the United States of America, and the fubjects of the Moft Chriftian King and of the faid States, and between the countries, iflands, cities and towns, fituate under the jurifdiction of the Most Christian King and of the faid United States, and the people and inhabitants of every degree, without exception of perfons or places, and the terms herein after mentioned, shall be perpetual between the Most Christian King, his heirs and fucceffors, and the faid United States.
Art. II. The Moft Chriftian King and the United States engage mutually not to grant any particular favour to other nations, in refpect of commerce and navigation, which fhall not immediately become common to the other party, who fhall enjoy the fame favour freely, if the conceflion was freely made, or on allowing the fame compenfation, if the conceffion was conditional.
Art. III. The fubjects of the Moft Christian King shall pay in the ports, havens, roads, countries, iflands, cities or towns of the United States, or any of them, no other or greater duties or impofts, of what nature foever they may be, or by what name foever called, than those which the nations most favoured 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 paffing from one port in the faid States to another, or in going to and from the fame, from and to any part of the world, which the faid nations do or fhall enjoy.
Art. IV. The fubjects, people and inhabitants of the faid United States, and each of them, fhall not pay in the ports, havens, roads,
iflands, cities and places under the domination of his Most Christian Majefty in Europe, any other or greater duties or impofts, of what nature foever the may be, or by what name foever called, than those which the most favoured nations are or shall be obliged to pay; and they fhall enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce, whether in paffing from one port in the faid dominions in Europe to another, or in going to and from the fame, 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 impofition of one hundred fous per ton, established in France on foreign fhips, unless when the fhips of the United States fhall load with the merchandise of France for another port of the said dominions; in which cafe the fhips fhall pay the duty above mentioned, fo long as other nations the most favoured fhall be obliged to pay it; but it is understood, that the faid United States, or any of them, are at liberty, when they fhall judge it proper, to establish a duty equivalent in the fame cafe.
Art. VI. The Moft Chriftian King fhall endeavour, by all the means in his power, to protect and defend all veffels and the effects belonging to the fubjects, people or inhabitants, of the faid United States, or any of them, being in his ports, havens or roads, or on the feas near his countries, iflands, cities or towns; and to recover and restore to the right owners, their agents or attornies, all fuch veffels and effects which fhall be taken within his jurifdiction; and the fhips of war of his Moft Chriftian Majefty, or any convoy failing under his authority, fhall, upon all occafious, take under their protection ali veffels belonging to the fubjects, people or inhabitants, of the laid United States, or any of them, and holding the fame courie, or going the fame way, and fhall defend fuch vessels as long as they hold the fame courfe, or go the fame way, against all attacks, force or violence, in the fame manner as they ought to protect and defend the veffels 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, fhall protect and defend, con formably to the tenor of the preceding article, all the veffels and effects belonging to the fubjects of the Moft Chriftian King, and ufe all their endeavours to recover, and cause to be restored, the
faid veffels and effects that fhall have been taken within the jurif diction of the faid United States, or any of them.
Art. VIII. The Moft Chriftian King will employ his good offices and interpofitions with the King or Emperor of Morocco or Fez; the regencies of Algiers, Tunis and Tripoly, or with any of them; and alío with every other prince, ftate or power, of the coaft of Barbary in Africa, and the fubjects of the faid king, emperor, ftates and powers, and each of them, in order to provide as fully and efficacioufly as poffible, for the benefit, conveniency and fafety of the faid United States, and each of them, their fubjects, people and inhabitants, and their veffels and effects, against all violence, infults, attacks or depredations, on the part of the faid princes and states of Barbary, or their fubjects.
Art. IX. The fubjects, inhabitants, merchants, commanders of ships, masters and mariners of the states, provinces and dominions of each party refpectively, fhall abftain and torbear to fish in all places poffeffed, or which fhall be poffeffed by the other party; the Moft Chriftian King's fubjects fhall not fish in the havens, bays, creeks, roads, coafts or places, which the faid United States hot, or fall hereafter hold; and in like manner the subjects, people and inhabitants of the United States fhall not fish in the havens, bays, creeks, roads, coafts or places, which the Most Christian King poffeffes, or shall hereafter poflets; and if any ship or veffel shall be found fishing contrary to the tenor of this treaty, the faid fhip or veffel, with its lading, (proof being made thereof) fhall be confif cated: it is however understood, that the exclufion ftipulated in the prefent article fhall take place only fo long, and fo far, as the Moft Christian King, or the United States, fhall not in this respect have granted an exemption to fome other nation.
Art. X. The United States, their citizens and inhabitants, fhall never disturb the fubjects of the Moft Chriftian King in the eajoy. ment and exercise of the right of fishing on the banks of Newfound land, nor in the indefinite and exclufive right which belongs to them on that part of the coast of that ifland which is defigned by the treaty of Utrecht, nor in the right relative to all and each of the ifles which belong to his Moft Chriftian Majefty, the whole conformable to the true fenfe of the treaties of Utrecht and Paris.
Art. XI. The subjects and inhabitant of the faid United States, or any of them, fhall not be reputed aubains in France, and confequently fhall be exempted from the droit d'aubaine, or other fimilar