Done at Paris this sixth day of February, one thousand seven hundred and seventy-eight. ANNEX TO THE TREATY OF AMITY AND COMMERCE BETWEEN THE UNITED STATES AND FRANCE OF FEBRUARY 6, 1778. Form of the passports and letters, which are to be given to the ships and barks, according to the twenty-seventh article of this treaty. To all who shall see these presents greeting: It is hereby made known that leave and permission has been given to ter and commander of the ship called burthen of the town of mas tons or thereabouts, lying at present in the port and and laden with and bound for haven of -; after that his ship has been visited and before sailing he shall make cath before the officers who have the jurisdiction of maritime affairs, that the said ship belongs to one or more of the subjects of the act whereof shall be put at the end of these presents, as likewise that he will keep and cause to be kept by his crew on board, the marine ordinances and regulations, and enter in the proper office a list signed and witnessed containing the names and surnames, the places of birth and abode of the crew of his ship and of all who shall embark on board her, whom he shall not take on board without the knowledge and permission of the officers of the marine; and in every port or haven, where he shall enter with his ship he shall shew this present leave to the officers and judges of the marine, and shall give a faithful account to them of what passed and was done during his voyage, and he shall carry the colours, arms and ensigns of the (King, or United States) during his voyage. In witness whereof we have signed these presents and put the seal of our arms thereunto, and caused the same to be countersigned by day of 1778. A. D. TREATY OF ALLIANCE. Concluded at Paris February 6, 1778; ratified by Congress May 4, 1778. The Most Christian King and the United States of North America, to wit: New Hampshire, Massachusetts Bay, Rhodes Island, Connecti This treaty was abrogated by act of Congress of July 7, 1798. cut, 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 engagements, and of rendering 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 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. 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 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 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. 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. 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 dependant upon the said United States. ARTICLE VI. 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. 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. 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. 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. 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. 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, abso 24449-VOL 1-10-31 lute 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. 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. 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 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. [SEAL.] [SEAL.] SEAL. C. A. GERARD. B. FRANKLIN. ARTHUR LEE. 1778.0 ACT SEPARATE AND SECRET RESERVING RIGHT OF KING OF SPAIN TO AGREE TO THE FOREGOING TREATIES. Concluded February 6, 1778; ratified by the Continental Congress May 4, 1778, ratifications exchanged at Paris July 17, 1778. The most Christian King declared in consequence of the intimate union which subsists between him and the King of Spain, that in a Abrogated by Act of Congress July 7, 1798. concluding with the United States of America this treaty of amity and commerce, and that of eventual and defensive alliance, his Majesty hath intended, and intends, to reserve expressly, as he reserves by this present separate and secret act, to his said Catholick Majesty the power of acceding to the said treatys, and to participate in their stipulations at such time as he shall judge proper. It being well understood, nevertheless, that if any of the stipulations of the said treatys are not agreeable to the King of Spain, His Catholick Majesty may propose other conditions analogous to the principal aim of the alliance and conformable to the rules of equality, reciprocity and friendship. The Deputies of the United States, in the name of their constituents, accept the present declaration in its full extent, and the Deputy of the said States who is fully impowered to treat with Spain promises to sign, on the first requisition of His Catholic Majesty, the act or acts necessary to communicate to him the stipulations of the treaties above written; and the said Deputy shall endeavor, in good faith, the adjustment of the points in which the King of Spain may propose any alteration conformable to the principles of equality, reciprocity and the most sincere and perfect amity, he, the said Deputy, not doubting but that the person or persons impower'd by His Catholic Majesty to treat with the United States will do the same with regard to any alterations of the same kind that may be thought necessary by the said Plenipotentiary of the United States. In faith whereof the respective Plenipotentiaries have signed the the present separate and secret article, and affixed to the same their seals. Done at Paris this sixth day of February, one thousand seven hundred and seventy-eight. [SEAL.] SEAL [SEAL.] C. A. GERARD. ARTHUR LEE, Deputy, Plenipotentiary for France and Spain. 1782. CONTRACT FOR THE PAYMENT OF LOANS TO HIS MOST CHRISTIAN MAJESTY. Concluded July 16, 1782; ratified by the Continental Congress January 22, 1783. The King having been pleased to attend to the requests made to him in the name and on behalf of the United Provinces of North America, for assistance in the war and invasion under which they |