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those that shall be considered free. See Plan of Treaties, XXVI.
ARTICLE XXV.-Proofs of the nationality of vessels. See Plan of Treaties, XXVIII.
ARTICLE XXVI. See Plan of Treaties, XXIX.
ARTICLES XXVII and XXVIII.-Vessels showing passports, and proceedings in the case of visit and search. See Plan of Treaties, XXX.
ARTICLE XXIX.-(Appointment of Consuls.)—“ The two contracting parties grant mutually the liberty of having each in the ports of the other Consuls, Vice-Consuls, Agents, and Commissaries, whose functions shall be regulated by a particular agreement.”
ARTICLE XXX-(Free ports.)—“ 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 merchandise of the thirteen United States; and His Majesty will also 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."
ARTICLE XXXI.-(Ratification.)—“ 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, declaring, nevertheless, that the present treaty was originally composed and concluded in the French language, and they have thereto affixed their seals.
“Done at Paris this sixth day of February, one thousand seven hundred and seventy-eight.
“C. A. GERARD.
TREATY OF ALLIANCE.
Concluded February 6, 1778.: Ratified by the Continental Congress, May
4, 1778. Ratifications exchanged at Paris, July 17, 1778. “ The Most Christian King and the United States of North America, to wit: New Hampshire, Massachusetts 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 engageinents, and of rendering them useful to the safety and tranquillity 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 hindering 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 councils 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.—(Alliance against Great Britain.)—“If war should break out between France and Great Britain during the continuance of the present war between the United States and England, His Majesty and the said United States 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.-(The independence of the United States to be maintained.)“ The essential and direct end of the present defensive alliance is to maintain effectually the liberty, sover
eignty and independence absolute and unlimited, of the said United States, as well in matters of government as of commerce."
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 its power against their common enemy, in order to attain the end proposed.”
ARTICLE IV.-(Agreement as to concurrent operations.) — “ The contracting parties agree that in case either of them should form 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.--(Conquests that shall belong to the United States.)“ 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 countries or islands, in case of success, shall be confederated with or dependent upon the said United States."
ARTICLE VI.-(France renounces the possession of certain territories.)—“ 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."
ARTICLE VII.-(Conquests that shall belong to France.). “ If His Most Christian Majesty shall think proper to attack any of the islands situated in the Gulph of Mexico, or near that Gulph, 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.”
ARTICLE VIII.-(Common consent required to conclude a treaty with Great Britain.) “ Neither of the two parties shall
conclude either truce or peace with Great Britain without the formal consent of the other first 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.-(Mutual renunciation of claims on account of war.)—“ The contracting parties declare, that being resolved to fulfil each on its own part the clauses and conditions of the present treaty of alliance, according to its own power and circumstances, there shall be no after-claim of compensation on one side or the other, whatever may be the event of the war."
ARTICLE X.—(Other powers may accede to the alliance.)“ 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 to the present alliance, under such conditions as shall be freely agreed to and settled between all the parties.”
ARTICLE XI.—(Mutual guarantee of proprietary rights.) “ 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.—(Duration of guarantee.)—“ In order to fix more precisely the sense and application of the preceding article, the contracting parties declare, that in case 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.—(Ratifications.)—“ 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, to wit: On the part of the Most Christian King, Conrad Alexander Gerard, Royal Syndic of the city of Strasbourg, 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, Counsellor 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.
66 C. A. GERARD.
CONVENTION DEFINING ESTABLISHING TIIE FUNCTIONS
AND PRIVILEGES OF CONSULS AND VICE-Consuls.
Concluded November 14, 1788. Ratifications exchanged at Paris January
6, 1790, although the certificate of exchange was dated January 1, 1790.
ARTICLE I.-As to commissions and exequaturs.
ARTICLE II.-(Privileges of Consuls.) “ The Consuls and Vice-Consuls, and persons attached to their functions; that