under their protection all vessels belonging to the subjects, people, or inhabitants of the said United States, or any of them, and holding the same course, or going the same way, and shall defend such vessels, as long as they hold the same course or go the same way, against all attacks, force, and violence, in the same manner as they ought to protect and defend the vessels belonging to the subjects of the Most Christian King. United States do the same. to ARTICLE VII. In like manner the said United States and their ships of war, sailing under their authority, shall protect and defend, conformable to the tenor of the preceding article, all the vessels and effects belonging to the subjects of the Most Christian King, and use all their endeavours to recover and cause to be restored the said vessels and effects that shall have been taken within the jurisdiction of the said United States, or any of them. The King of France States to make trea Powers. ARTICLE VIII. The Most Christian King will employ his good offices and interposition with the King or Emperor of Morocco or Fez, the reto aid the United gencies of Algier, Tunis, and Tripoli, or with any of them; ties with the Barbary and also with every other Prince, State, or Power, of the coast of Barbary, in Africa, and the subjects of the said King, Emperor, States, and Powers, and each of them, in order to provide as fully and efficaciously as possible for the benefit, conveniency, and safety of the said United States, and each of them, their subjects, people, and inhabitants, and their vessels and effects against all violence, insult, attacks, or depredations on the part of the said Princes and States of Barbary, or their subjects. Subjects of either in the dominions of the other. ARTICLE IX. The subjects, inhabitants, merchants, commanders of ships, masters, and mariners of the States, provinces, and dominions of party shall not fish each party respectively shall abstain and forbear to fish in all places possessed or which shall be possessed by the other party; the Most Christian King's subjects shall not fish in the havens, bays, creeks, roads, coasts, or places which the said United States hold or shall hereafter hold; and in like manner the subjects, people, and inhabitants of the said United States shall not fish in the havens, bays, creeks, roads, coasts, or places which the Most Christian King possesses or shall hereafter possess; and if any ship or vessel shall be found fishing contrary to the tenor of this treaty, the said ship or vessel, with its lading, proof being made thereof, shall be confiscated. It is, however, understood that the exclusion stipulated in the present article shall take place only so long and so far as the Most Christian King or the United States shall not in this respect have granted an exemption to some other nation. ARTICLE X. The United States, their citizens and inhabitants, shall never disturb Citizens of United the subjects of the Most Christian King in the enjoyment States shall not dis and exercise of the right of fishing on the banks of NewFrance in their right foundland, nor in the indefinite and exclusive right which Newfoundland. belongs to them on that part of the coast of that island turb subjects of on banks of which is designed 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. (a) ARTICLE XI. Citizens of United from droit d'au pose of their estate. 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 tatess exempted similar duty, under what name soever. They may by testa- baine, and may disment, 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 (a) The two following articles 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 any kind of merchandize 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. Act of France rescinding the foregoing articles: The General Congress of the United States of North America, having represented to the King that the execution of the eleventh article of the treaty of amity and commerce, signed the sixth of February last, might be productive of inconveniences; and having, therefore, desired the suppression of this article, consenting in return that the twelfth article shall likewise be considered of no effect: His Majesty, in order to give a new proof of his affection, as also of his desire to consolidate the union and good correspondence established between the two States, has been pleased to consider their representations: His Majesty has consequently declared, and does declare by these presents, that he consents to the suppression of the eleventh and twelfth articles aforementioned, and that his intention is that they be considered as having never been comprehended in the treaty signed the sixth of February last. Done at Versailles the first day of the month of September, one thousand seven hundred and seventy-eight. GRAVIER DE VERGENNES. Act of the United States rescinding the foregoing articles: DECLARATION. The Most Christian King having been pleased to regard the representations made to him by the General Congress of North America, relating to the eleventh article of the treaty of commerce, signed the sixth of February, in the present year; and His Majesty having, therefore, consented that the said article should be suppressed, on condition that the twelfth article of the same treaty be equally regarded as of none effect; the abovesaid General Congress hath declared on their part, and do declare, that they consent to the suppression of the eleventh and twelfth articles of the above-mentioned treaty, and that their intention is, that these articles be regarded as having never been comprised in the treaty signed the sixth of February. In faith whereof, &c., B. FRANKLIN. whether such by particular title, or ab intestat, shall be exempt from all duty called droit de 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 France leges. subjects of the Most Christian King shall enjoy on their part, have similar privi 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 affect 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. Ships suspected shill exhibit p.188ports and certificates. ARTICLE XII. The merchant ships of either of the parties which shall be making into a port belonging to the enemy of the other ally, and concerning whose voyage and the species of goods on board her there shall be just grounds of suspicion, shall be obliged to exhibit, as well upon the high seas as in the ports and havens, not only her passports, but likewise certificates, expressly shewing that her goods are not of the number of those which have been prohibited as contraband. ARTICLE XIII. How to proceed in goods. If by the exhibiting of the abovesaid certificates the other party dis cover there are any of those sorts of goods which are procare of contraband hibited and declared contraband and consigned for a port under the obedience of his enemies, it shall not be lawful to break up the hatches of such ship, or to open any chest, coffers, packs, casks, or any other vessels found therein, or to remove the smallest parcels of her goods, whether such ship belongs to the subjects of France. or the inhabitants of the said United States, unless the lading be brought on shore in the presence of the officers of the court of admiralty, and an inventory thereof made; but there shall be no allowance to sell, exchange, or alienate the same, in any manner, untill after that due and lawful process shall have been had against such prohibited goods, and the court of admiralty shall by a sentence pronounced have confiscated the same; saving always as well the ship itself as any other goods found therein, which by this treaty are to be esteemed free, neither may they be detained on pretence of their being as it were infected by the prohibited goods, much less shall they be confiscated, as lawful prize; but if not the whole cargo, but only part thereof, shall consist of prohibited or contraband goods, and the commander of the ship shall be ready and willing to deliver them to the captor who has discovered them, in such case the captor having received those goods shall forthwith discharge the ship, and not hinder her by any means freely to prosecute the voyage on which she was bound. But in case the contraband merchandises cannot be all received on board the vessel of the captor, then the captor may, notwithstanding the offer of delivering him the contraband goods, carry the vessel into the nearest port agreeable to what is above directed. ARTICLE XIV. On the contrary, it is agreed that whatever shall be found to be laden Goods found in on euemy's ship may be confiscated. unless put on board before declaration of war, or within two months after. by the subjects and inhabitants of either party on any ship belonging to the enemys of the other, or to their subjects, the whole, although it be not of the sort of prohibited goods, may be confiscated in the same manner as if it belonged to the enemy, except such goods and merchandizes as were put on board, such ship before the declaration of war, or even after such declaration, if so be it were done without knowledge of such declaration. So that the goods of the subjects and people of either party, whether they be of the nature of such as are prohibited or otherwise, which, as is aforesaid, were put on board any ship belonging to an enemy before the war or after the declaration of the same, without the knowledge of it, shall no ways be liable to confiscation, but shall well and truely be restored without delay to the proprietors demanding the same; but so as that if the said merchandizes be contraband, it shall not be any ways lawful to carry them afterwards to any ports belonging to the enemy. The two contracting parties agree, that the term of two months being passed after the declaration of war, their respective subjects, from whatever part of the world they come, shall not plead the ignorance mentioned in this article. ARTICLE XV. Ships of war and njury to either par privateers to do no ty; if they do, to be punished and make the And that more effectual care may be taken for the security of the subjects and inhabitants of both parties, that they suffer no injury by the men-of-war or privateers of the other party, all the commanders of the ships of His Most Christian Majesty and of the said United States, and all their subjects reparation to and inhabitants, shall be forbid doing any injury or damage to the other side; and if they act to the contrary, they shall be punished, and shall moreover be bound to make satisfaction for all matter of damage, and the interest thereof, by reparation, under the pain and obligation of their person and goods. ARTICLE XVI. party injured. chandize rescued ou All ships and merchandizes, of what nature soever, which shall be rescued out of the hands of any pirates or robbers on the All ships and mer-t high seas, shall be brought into some port of either State, or the hands of pi and shall be delivered to the custody of the officers of that rates to be restoredport, in order to be restored entire to the true proprietor, as soon as due and sufficient proof shall be made concerning the property thereof. ARTICLE XVII. either party. It shall be lawful for the ships of war of either party, and privateers, freely to carry whithersoever they please the ships and Prizes may be cargoods taken from their enemies, without being obliged to ried into the ports of 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 those 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 No shelter shall be in their ports to such as shall have made prize of the sub- given to the captors jects, people, or property of either of the parties; but if party. of prizes from either 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. In case of ship afforded. ARTICLE XVIII. If any ship belonging to either of the parties, their people or subjects, shall, within the coasts or dominions of the other, stick upon wreck, relief to be the sands, or be wrecked, or suffer any other damage, all friendly assistance and relief shall be given to the persons shipwrecked, or such as shall be in danger thereof. And letters of safe conduct shall likewise be given to them for their free and quiet passage from thence and the return of every one to his own country. &c., are forced into be protected and per ARTICLE XIX. In case the subjects and inhabitants of either party, with their shipWhen vessels, by ping, whether publick and of war, or private and of merstress of weather, chants, be forced, through stress of weather, pursuit of ports, &c. they shall pirates or enemies, or any other urgent necessity for seeking mitted to depart. of shelter and harbour, to retreat and enter into any of the rivers, bays, roads, or ports belonging to the other party, they shall be received and treated with all humanity and kindness, and enjoy all friendly protection and help; and they shall be permitted to refresh and provide themselves, at reasonable rates, with victuals and all things needful for the sustenance of their persons or reparation of their ships, and conveniency of their voyage; and they shall no ways be detained or hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance. In case of war, six lowed to citizens of ARTICLE XX. For the better promoting of commerce on both sides, it is agreed that if a war shall break out between the said two nations, six months shall be al months after the proclamation of war shall be allowed to the each party residing merchants in the cities and towns where they live for selling on to sell and remove and transporting their goods and merchandizes; and if anything be taken from them, or any injury be done them within that term by either party, or the people or subjects of either, full satisfaction shall be made for the same. in the other's domin their effects. ARTICLE XXI. Citizens of neither party shall take commissions or letters Prince or State with at war, to act as privateers. No subjects of the Most Christian King shall apply for or take any commission, or letters of marque, for arming any ship or ships to act as privateers against the said United States, of marque from any or any of them, or against the subjects, people, or inhabitwhom the other is ants of the said United States, or any of them, or against the property of any of the inhabitants of any of them, from any Prince or State with which the said United States shall be at war; nor shall any citizen, subject, or inhabitant of the said United States, or any of them, apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the subjects of the Most Christian King, or any of them, or the property of any of them, from any Prince or State with which the said King shall be at war; and if any person of either nation shall take such commissions or letters of marque, he shall be punished as a pirate. |