war, from any of the dominions now or heretofore possessed by Great Britain in North America, conformably to the fifth and sixth articles above written, the whole as their possession shall be affixed 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 applisation 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 pos sessions. ARTICLE XIII. The present treaty shall be ratified on both sides; and the ratification 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 Strasburg, and secretary of his majesty's council of state; and on the part of the United States, Benjamin Frank lin, deputy of the general Congress from the state of Pennsylvania and president of the convention of the said 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 6th day of February, one thousand seven hundred and seventy-eight. C. A. GERARD. [L. s.] B. FRANKLIN, [L. S.] ACT SEPARATE AND SECRET. The most christian king declares, in consequence of the intimate union which subsists between him and the king of Spain, that, in 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 treaties, 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 treaties are not agreeable to the king of Spain, his catholick majesty may propose other conditions analagous 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 empowered to treat with Spain, promises to sign, on the first requisition of his catholick majesty, the act or acts necessary to communicate to him the stipulations of the treaties above written. And the said deputy shall endeavour, 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 perfect amity; he the said deputy not doubting but that the person or persons, empowered by his catholick 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 present separate and secret article, and affixed to the same their seals. Done at Paris, this sixth day of February, one thou. sand seven hundred and seventy eight. C. A. GERARD. [L. s.] B. FRANKLIN, [L. s.] France et le'Espagne. MAY 28, 1778. The committee of foreign affairs reported a draft of instructions, and a new form of commission to the commissioners of the United States at the courts of Vienna, Berlin and Tuscany, which were read. Resolved, That the form of the commission be approved, and that copies thereof be engrossed in order to be duly executed and sent forward. Ordered, That the instructions lie on the table for the consideration of the members. The form of the commission is as follows: The delegates of the United States of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, in Congress assembled-To all who shall see these presents, Greeting. Whereas a friendly commercial connexion between the subjects of and the people of these United States will be beneficial to both nations :Know ye, therefore, that we, reposing special trust and confidence in the zeal, fidelity, abilities and assiduity of have appointed and deputed, and by these presents do appoint and depute the said our commissioner; giving and granting to our said commissioner full power and authority to communicate, treat and conclude with or with such person or persons as shall be by him for such purpose authorized, of and upon a true and sincere friendship, and a firm, inviolable and universal peace, for the defence, protection and safety of the navigation and mutual commerce of the subjects of and the people of these United States; and to do, not only all such things as may conduce to these desirable ends, but also to transact all such other matters, as shall hereafter be given to him in charge by us; promising, in good faith, to ratify whatever our said commissioner shall transact in the premises. Done in Congress, at Yorktown, the 28th day of May, in the year of our Lord, 1778. In testimony whereof, the President, by order of the said Congress, hath hereunto subscribed his name, and. affixed his seal. Attest. C. T. Secretary. President. JULY 14, 1778. Resolved, That it be referred to a committee of three, to report to Congress on the time and manner of the publick reception of Mr. Gerard, minister plenipotentiary of his most christian majesty the king of France. The members chosen-Mr. R. H. Lee, Mr. S. Adams, Mr. G. Morris. |