FRANCE. FRANCE, 1778. [An act of Congress approved July 7, 1798, (1 Statutes at Large, 578,) declared "that the United States are of right freed and exonerated from the stipulations of the treaties, and of the consular convention, heretofore concluded between the United States and France; and that the same shall not henceforth be regarded as legally obligatory on the Government or citizens of the United States."] TREATY OF ALLIANCE BETWEEN THE UNITED STATES OF AMERICA AND HIS MOST CHRISTIAN MAJESTY. The Most Christian King and the United States of North America, to wit: New Hampshire, Massachusetts Bay, Rhodes 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 strengtheming those engagements, and of rendring them useful to the safety and tranquility of the two parties; particularly in case Great Britain, in resentment 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 hostilities, or by hindring her commerce and navigation in a manner contrary to the rights of nations, and the peace subsisting between the two Crowns. And His Majesty and the said United States, having resolved in that case to join their councels 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. to be a comon cause. If war should break out between France and Great Britain during the continuance of the present war between the United If war break out States and England, His Majesty and the said United States with Great Britain, shall make it a common cause and aid each other mutually with their good offices, their counsels and their forces, according to the exigence of conjunctures, as becomes good and faithful allies. ARTICLE II. Object of the The essential and direct end of the present defensive alliance is to maintain effectually the liberty, sovereignty, and independance absolute and unlimited, of the said United States, as treats, indepe well in matters of gouvernement as of commerce. ence of the United States. ARTICLE III. The two contracting parties shall each on its own part, and in the manner it may judge most proper, make all the efforts in make every effort to its power against their common enemy, in order to attain the end proposed. Both parties to att in that end. enterprise. ARTICLE IV. The contracting parties agree that in case either of them should form Concurrence in en- any particular enterprise in which the concurrence of the other may be desired, the party whose concurrence is desired, shall readily, and with good faith, join to act in concert for that purpose, as far as circumstances and its own particular situation will permit; and in that case, they shall regulate, by a particular convention, the quantity and kind of succour to be furnished, and the time and manner of its being brought into action, as well as the advantages which are to be its compensation. ARTICLE V. If the United States should think fit to attempt the reduction of the British power, remaining in the northern parts of America, or the islands of Bermudas, those contries or islands, in case of success, shall be confederated with or dependant upon the said United States. Conquests that shall belong to the United States. ARTICLE VI. France relinquishes all claim to certain countries, if conquered. The Most Christian King renounces forever the possession of the islands of Bermudas, as well as of any part of the continent 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. Conquests that shall ARTICLE VII. If His Most Christian Majesty shall think proper to attack any of the islands situated in the Gulph of Mexico, or near that Gulph, belong to France. which are at present under the power of Great Britain, all the said isles, in case of success, shall appertain to the Crown of France. Neither party to conclude a without the other's consent, &c. ARTICLE VIII. Neither of the two parties shall conclude either truce or peace with Great Britain without the formal consent of the other first a obtained; and they mutually engage not to lay down their arms until the independence of the United States shall have been formally or tacitly assured by the treaty or treaties that shall terminate the war. ARTICLE IX. The contracting parties declare, that being resolved to fulfil each on its own part the clauses and conditions of the present No claim of comtreaty of alliance, according to its own power and circum- pensation after the stances, there shall be no after claim of compensation on one side or the other, whatever may be the event of the war. ARTICLE X. war To admit other The Most Christian King and the United States agree to invite or admit other powers who may have received injuries from England, to make common cause with them, and to accede powers to nucede to to the present alliance, under such conditions as shall be freely agreed to and settled between all the parties. ARTICLE XI. the alliance. Mutual guaranty. The two parties guarantee mutually from the present time and forever against all other powers, to wit: The United States to His Most Christian Majesty, the present possessions of the Crown of France in America, as well as those which it may acquire by the future treaty of peace: And His Most Christian Majesty guarantees on his part to the United States their liberty, sovereignty, and independence, absolute and unlimited, as well in matters of government as commerce, and also their possessions, and the additions or conquests that their confederation may obtain during the war, from any of the dominions now, or heretofore possessed by Great Britain in North America, conformable to the 5th and 6th articles above written, the whole as their possessions shall be fixed and assured to the said States, at the moment of the cessation of their present war with England. ARTICLE XII. commence. In order to fix more precisely the sense and application of the preceding article, the contracting parties declare, that in case Guaranty when to of a rupture between France and England the reciprocal guarantee declared in the said article shall have its full force and effect the moment such war shall break out; and if such rupture shall not take place, the mutual obligations of the said guarantee shall not commence until the moment of the cessation of the present war between the United States and England shall have ascertained their possessions.. ARTICLE XIII. The present treaty shall be ratified on both sides, and the ratifica. tions shall be exchanged in the space of six months, or sooner if possible. Ratification. In faith whereof the respective Plenipotentiaries, to wit: On the part of the Most Christian King, Conrad Alexander Gerard, Royal Syndic of the city of Strasbourgh, and Secretary of his Majesty's Council of State; and on the part of the United States, Benjamin Franklin, Deputy to the General Congress from the State of Pennsylvania, and President of the Convention of the same State, Silas Deane, heretofore Deputy from the State of Connecticut, and Arthur Lee, Councellor at Law, 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 hereunto affixed their seals. Done at Paris, this sixth day of February, one thousand seven hundred and seventy-eight. C. A. GERARD. [L. S.] B. FRANKLIN. L. S. L. S. TREATY OF AMITY AND COMMERCE BETWEEN THE UNITED STATES OF AMERICA AND HIS MOST CHRISTIAN MAJESTY. February 6, 1778, Congress of July 7, 1798, ch. 67. The Most Christian King, and the thirteen United States of North America, to wit, New Hampshire, Massachusetts Bay, Rhode Annulled by art of Island, Connecticut, New York, New Jersey, 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 desire to establish between their respective countries, States, and subjects, His Most Christian 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 commerce and navigation, those interior regulations which it shall find most convenient to itself; and by founding the advantage of commerce solely upon reciprocal utility and the just rules of free intercourse; reserving withal to each party the liberty of admitting at its pleasure other nations to a participation of the same advantages. It is in the spirit of this intention, and to fulfil these views, that His said Majesty having named and appointed for his Plenipotentiary, Conrad Alexander Gerard, Royal Syndic of the city of Strasbourg, Secretary of His Majesty's Council of State; and the United States, on their part, having fully impowered Benjamin Franklin, Deputy from the State of Pennsylvania to the General Congress, and President of the Convention of said State, Silas Deane, late Deputy from the State of Connecticut, to the said Congress, and Arthur Lee, Councellor at Law; the said respective Plenipotentiaries, after exchanging their powers, and after mature deliberation, have concluded and agreed upon the following articles: Peace and friend ARTICLE I. There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between the Most Christian King, his ship between the two 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, islands, cities, and towns situate under the jurisdiction of the Most Christian King and of the said United States, and the people and inhabitants of every degree, without exception of persons or places; and the terms hereinafter mentioned shall be perpetual between the Most Christian King, his heirs and successors, and the said United States. ARTICLE II. The Most Christian King and the United States engage mutually not to grant any particular favour to other nations, in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same not become common favour, freely, if the concession was freely made, or on allow ing the same compensation, if the concession was conditional. ARTICLE III. Neither party to grant favors to other nations that shall to the other party. the ports, Subjects of the King of France enti tled to the same in the United States as The subjects of the Most Christian King shall pay in 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 privileges name soever called, than those which the nations most fa- the most favored navoured 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 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. ARTICLE IV. tions. Citizens of the United States enti privileges in the do tled to the same minions of France, as the most favored nations. The subjects, people, and inhabitants of the said United States, and each of them, shall not pay in the ports, havens, roads, isles, cities, and places under the domination of His Most Christian Majesty, in Europe, any other or greater duties or imposts, of what nature soever they 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. ARTICLE V. Particular exemp In the above exemption is particularly comprised the imposition of 100 sols per ton, established in France on foreign ships; unless when the ships of the United States shall load tion. with the merchandize of France for another port of the same dominion, in which case the said ships shall 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 shall judge it proper, to establish a duty equivalent in the same case. ARTICLE VI. the United States in restore them when captured, and to con The Most Christian King shall endeavour by all the means in his power to protect and defend all vessels and the effects belonging France to protect to the subjects, people, or inhabitants of the said United vessels of citizens of States, or any of them, being in his ports, havens, or roads, or on the seas near to his countries, islands, cities, or towns, and to recover and restore to the right owners, their agents or attornies, all such vessels and effects which shall be taken within his jurisdiction; and the ships of war of His Most Christian Majesty, or any convoy sailing under his authority, shall upon all occasions take voy vessels in tain cases. cer |