nations, in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same favour, freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional."

ARTICLES III. and IV.-Mutual agreement not to levy discriminating duties, but on the basis of the most favored nation, instead of on the rights of nations. See Plan of Treaties, II.

ARTICLE V.-Special exemption in respect of certain French tonnage duties.

ARTICLES VI and VII.-Mutual protection afforded to vessels. See Plan of Treaties, IV.

ARTICLE VIII.-The King of France promises to employ his good offices with the Barbary Powers, in favor of the United States. See Plan of Treaties, VII.

ARTICLE IX. (Fisheries.)-"The subjects, inhabitants, merchants, commanders of ships, masters and mariners of the states, provinces and dominions of each party respectively shall abstain and forbear to fish in all places possessed or which shall be possessed by the other party;" (etc.)

ARTICLE X.-"The United States, their citizens and inhabitants, shall never disturb the subjects of the Most Christian King in the enjoyment and exercise of the right of fishing on the banks of Newfoundland, nor in the indefinite and exclusive right which belongs to them on that part of the coast of that island which is designated by the treaty of Utrecht; nor in the rights relative to all and each of the isles which belong to His Most Christian Majesty; the whole conformable to the true sense of the treaties of Utrecht and Paris."

ARTICLE XI.-(Droit'd Aubaine.)-"The subjects and inhabitants of the said United States, or any one of them, shall not be reputed aubains in France, and consequently shall be exempted from the droit d'aubaine, or other similar duty, under what name soever. They may by testament, donation or otherwise, dispose of their goods, moveable and immoveable, in favour of such persons as to them shall seem good, and their heirs, subjects of the said United States, residing whether in France or elsewhere, may succeed them ab intestat, without being obliged to obtain letters of naturalization, and without

having the effect of this concession contested or impeded under pretext of any rights or prerogative of provinces, cities or private persons; and the said heirs, whether such by particular title, or ab intestat, shall be exempt from all duty called droit detraction, or other duty of the same kind, saving nevertheless the local rights or duties as much and as long as similar ones are not established by the United States, or any of them. The subjects of the Most Christian King shall enjoy on their part, in all the dominions of the said States, an entire and perfect reciprocity relative to the stipulations contained in the present article, but it is at the same time agreed that its contents shall not effect the laws made, or that may be made hereafter in France against emigrations which shall remain in all their force and vigour, and the United States on their part, or any of them, shall be at liberty to enact such laws relative to that matter as to them shall seem proper." 1

ARTICLE XII.-Proof of the nationality of merchant vessels passports and certificates.

ARTICLE XIII.-Proceedings in the case of contraband goods. If only a part of the cargo be contraband, the captor may take that part on board his ship, and permit the captured ship to proceed on her voyage. See Plan of Treaties, XVI.

ARTICLE XIV.-Enemy's flag will not protect neutral goods put on board after the declaration of war is known to the owner. See Plan of Treaties, XVII.

ARTICLE XV.-Indemnity guaranteed for injury to vessels. See Plan of Treaties, XVIII.

"The two articles following were originally agreed to, but afterwards rescinded, to wit:

ARTICLE XI.-"It is agreed and concluded that there shall never be any duty imposed on the exportation of the melasses that may be taken by the subjects of any of the United States from the islands of America which belong or may hereafter appertain to His Most Christian Majesty."

ARTICLE XII. -"In compensation of the exemption stipulated by the preceding article, it is agreed and concluded that there shall never be any duties imposed on the exportation of ary kind of merchandise which the subjects of His Most Christian Majesty may take from the countries and possessions, present or future, of any of the thirteen United States, for the use of the islands which shall furnish melasses."

ARTICLE XVI.-Proceedings in the case of recapture from pirates. See Plan of Treaties, XIX.

ARTICLE XVII.-(Prizes.) See Plan of Treaties, XX.-"It shall be lawful for the ships of war of either party, and privateers, freely to carry whithersoever they please the ships and goods taken from their enemies, without being obliged to pay any duty to the officers of the admiralty or any other judges; nor shall such prizes be arrested or seized when they come to and enter the ports of either party; nor shall the searchers or other officers of such places search the same, or make examination concerning the lawfulness of such prizes, but they may hoist sail at any time, and depart and carry their prizes to the places expressed in their commissions, which the commanders of such ships of war shall be obliged to show; on the contrary, no shelter or refuge shall be given in their ports to such as shall have made prize of the subjects, people or property of either of the parties; but if such shall come in, being forced by stress of weather, or the danger of the sea, all proper means shall be vigorously used that they go out and retire from thence as soon as possible."

ARTICLE XVIII.-Friendly assistance to be given to shipwrecked persons. See Plan of Treaties, XXI.

ARTICLE XIX.-Asylum to be granted to vessels in distress, whether through stress of weather, pursuit of pirates or enemies, or any other urgent necessity. See Plan of Treaties, XXII.

ARTICLE XX.-In the event of war between the two nations, merchants to have six months in which to remove their goods, etc. See Plan of Treaties, XXIII.

ARTICLE XXI.-Letters of marque not to be taken by the citizens of either party from the enemies of the other. See Plan of Treaties, XXIV.

ARTICLE XXII.-Foreign privateers not allowed to be fitted out or to sell their prizes in the ports of either party. See Plan of Treaties, XXV.

ARTICLE XXIII.-It shall be lawful for the citizens of either nation, being neutral, to trade with the enemies of the other; and free ships shall give freedom to goods, contraband goods always excepted. See Plan of Treaties, XXVI.

ARTICLE XXIV.-Enumeration of contraband goods, and

those that shali pe 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.

(Seal.)

(Seal.)

(Seal.)

(Seal.)

"C. A. GERARD.
"B. FRANKLIN.
"SILAS DEANE.
"ARTHUR LEE."

FRANCE, 1778.

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.