of habitation, is master or commander, does rightfully and properly belong to him and other subjects of and to them alone; that she is now bound to the port of

from the port of

laden with the goods and merchandises hereunder particularly described and enumerated, that is to say,

In witness whereof we have signed this certificate, and sealed it with the seal of our office.

Given the

in the

day of the month of year of our Lord

INSTRUCTIONS TO

THERE is delivered to you herewith a plan of a treaty with his most christian majesty of France, approved of in Congress, on the part of the United States; and you are hereby instructed to use every means in your power for concluding it, conformably to the plan you have received.

If you shall find that to be impracticable, you are hereby authorized to relax the demands of the United States, and to enlarge their offers agreeably to the following directions:

If his most christian majesty shall not consent that the inhabitants of the United States shall have the privileges proposed in the second article, then the United States ought not to give the subjects of his most christian majesty the privileges proposed in the first article; but that the United States shall give to his

most christian majesty the same privileges, liberties, and immunities at least, and the like favour in all things which any foreign nation the most favoured shall have provided, his most christian majesty shall give to the United States the same benefits, privileges and immunities which the most favoured nation now has, uses, or enjoys.

And, in case neither of these propositions of equal advantages is agreed to, then the whole of the said articles are to be rejected, rather than obstruct the further progress of the treaty.

The fourth article must be insisted on.

The seventh article ought to be obtained, if possible; but should be waved, rather than that the treaty should be interrupted by insisting upon it.

His most christian majesty agreeing, nevertheless, to use his interest and influence to procure passes from the states mentioned in this article for the vessels of the United States upon the Mediterranean.

The eighth article will probably be attended with some difficulty. If you find his most christian majesty determined not to agree to it, you are empowered to add to it, as follows:-That the United States will never be subject, or acknowledge allegiance, or obedience, to the king, or crown, or parliament of Great Britain; nor grant to that nation any exclusive trade, or any advantages, or privileges in trade, more than to his most christian majesty; neither shall any treaty for terminating the present war between the king of Great Britain and the United States, or any war which may be declared by the king of Great Britain against his most christian majesty, in consequence of this

:

treaty, take effect until the expiration of six calendar months after the negotiation for that purpose shall have been duly notified, in the former instance by the United States to his most christian majesty, and in the other instance, by his most christian majesty to the United States; to the end that both these parties may be included in the peace, if they think proper.

The twelfth and thirteenth articles are to be waved, if you find that the treaty will be interrupted by insisting on them.

You will press the fourteenth article; but let not the fate of the treaty depend upon obtaining it.

If his most christian majesty should be unwilling to agree to the sixteenth and twenty-sixth articles, you are directed to consent that the goods and effects of enemies, on board the ships and vessels of either party, shall be liable to seizure and confiscation.

The twenty-fifth article is not to be insisted on.

You will solicit the court of France for an immediate supply of twenty or thirty thousand muskets and bayonets, and a large supply of ammunition and brass field pieces, to be sent under convoy by France. The United States engage for the payment of the arms, artillery and ammunition, and to indemnify France for the expense of the convoy.

Engage a few good engineers in the service of the United States.

It is highly probable that France means not to let the United States sink in the present contest. But as the difficulty of obtaining true accounts of our condition may cause an opinion to be entertained that we

are able to support the war on our own strength and resources longer than, in fact, we can do, it will be proper for you to press for the immediate and explicit declaration of France in our favour, upon a suggestion that a re-union with Great Britain may be the consequence of a delay.

Should Spain be disinclined to our cause, from an apprehension of danger to his dominions in South America, you are empowered to give the strongest assurances, that that crown will receive no molestation from the United States, in the possession of these territories.

You will transmit to us the most speedy and full intelligence of your progress in this business, and of any other transactions that it may import us to know.

You are desired to get the best and earliest information that you possibly can of any negotiations that the court of London may be carrying on for obtaining foreign mercenaries to be sent against these states the next campaign; and if any such design is in agitation, you will endeavour to prevail with the court of France to exert its influence in the most effectual manner to prevent the execution of such designs.

You are desired to obtain, as early as possible, a publick acknowledgment of the independency of these states on the crown and parliament of Great Britain, by the court of France.

In conducting this important business, the Congress have the greatest confidence in your address, abilities, vigilance, and attachment to the interests of the United States, and wish you every success.

SEPTEMBER 24, 1776.

Resolved, That Thursday next be assigned for appointing commissioners to transact the business of the United States at the court of France.

SEPTEMBER 26, 1776.

According to the order of the day, Congress proceeded to the appointment of commissioners to the court of France.

Resolved, That three be appointed.

The ballots being taken, Mr. B. Franklin, Mr. S. Deane, and Mr. T. Jefferson, were elected.

Resolved, That a committee of four be appointed to prepare a draft of letters of credence to the commissioners; and that the said committee report the ways and means of providing for their subsistence.

The members chosen were Mr. Morris, Mr. R. H. Lee, Mr. Wythe, and Mr. J. Adams.

Ordered, That the said committee draw up and report to Congress a set of instructions for the commissioners relative to their entering into treaties and negotiations with other foreign states in Europe.

Resolved, That secrecy shall be observed until the farther order of Congress; and that, until permission be obtained from Congress to disclose the particulars of this business, no member be permitted to say any thing more upon this subject than that Congress have taken such steps as they judged necessary for the purpose of obtaining foreign alliances.