of either of the parties shall be met with, either failing along the coafts or on the high seas, by any ship of war of the other, or by any privateers, the raid ships of war or privateers, for the avoiding of any diforder, shall remain out of cannon shot, and may fend their boats on board the merchant ship which they shall so meet with, and may enter her to the number of two or three men only, to whom the master or commander of fuch ship or vessel shall exhibit his pafsport concerning the property of the ship, made out according to the form inferted in this present treaty; and the ship, when the shall have shewed fuch passport, shall be free and at liberty to pursue her voyage, so as it shall not be lawful to moleft or search in any manner, or to give her chase, or to force her to quit her intended course.

4.

Art. 28. It is also agreed, that all goods, when once put on board the ships or vessels of either of the two contracting parties, shall be fubject to no further visitation, but all visitation or search shall be made before hand, and all prohibited goods thall be stopped on the spot before the same be put on board, unless there are manifest tokens or proofs of fraudulent practice; nor shall either the perfons or goods of the subjects of his most chriftian majesty, or the united states, be put under any arrest or molested by any other kind of embargo for that cause, and only the subject of that state to whom the faid goods have been or shall be prohibited, and who shall prefume to fell or alienate such, fort of goods, shall be duly punished for the offence,

Art. 29. The two contracting parties grant mutually the liberty of having each in the ports of the other, confuls, vice-confuls, agents and commiflaries, whose functions shall be regulated by a particulan agreement

Art 3o. 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 merchandize 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.

Art. 31. The present treaty shall be ratified on both fides, and the ratifications shall be exchanged in the space of fix months, or fooner, if poffible.

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.

t

Form of the Passports and Letters which are to be given to the Ships and Barques according to the Twenty-fifth Article of this Treaty.

To all who shall fee these presents, Greeting.

IT is hereby made known, that leave and permission has been given to , master and commander of the ship called of the town of burthen tons or thereabouts, lying at present in the port and haven of and laden with

and bound for After that this ship has been visited, and before failing, he shall make oath before the officers who have the jurifdiction of maritime affairs, that the faid 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 lift,, figned and witnessed, containing the names and firnames, 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 his present leave to the officers and judges of the marine; and thall give a faithful account to them of what passed and was done during his voyage; and he shall carry the colours, arms and ensign of the king or united states during his voyage. In witness whereof we have figned these presents, and put the feal of our arms there

*unto, and caused the fame to be countersigned by

at

the

day of

Anno Domini

TREATY

TREATY OF ALLIANCE,

EVENTUAL and DEFENSIVE.

LOUIS, by the Grace of GOD, King of France and Navarre,

To all who shall see these presents, Greeting:

Ttheir plenipotentiaries rending in

and

HE Congress of the united states of North-America, having by France, proposed to form with us a defenfive and eventual Alliance: Willing to give the faid states an efficacious proof of the interest we take in their profperity, we have determined to conclude the faid alliance. For these causes and other good confiderations thereto moving, we, reposing entire confidence in the capacity and experience, zeal and fidelity for our service, of our dear and beloved Conrad Alexander Gerard, royal syndic of the city of Strasbourg, fecretary of our council of flate, have nominated, comm fioned and deputed, and by these presents figned with our hand, de nominate, commission and depute him our plenipotentiary, giving him power Special command con to act in this quality, and confer, negociate, treat and agree conjointly with the abovementioned plenipotentiaries of the united states, invested in the like manner with powers in due form to determine, conclude and fign fuch articles, conditions, conventions, declarations, definitive treaty, and any other alts whatever, as he sball judge proper to answer the end which we propose; promising on the faith and word of a king, to agree to, confirm and establish for ever, to accomplish and execute punctually whatever our faid dear and beloved Conrad Alexander Gerard shall have stipulated and figned in virtue of the present power, without ever contravening it, or suffering it to be contravened for any cause and under any pretext whatever, as likewise to cause our letters of ratification to be made in due form, and to have them delivered in order to be exchanged at the time that shall be agreed upon. For fuch is our pleasure. In teftimony whereof we have fet our seal to these presents. Given at Versailles, the thirtieth day of the month January, in the year of grace one thousand seven hundred and feventy-eight, and the fourth of our reign.

:

(Signed)

(L. S.)

LOUIS.

By the King.

GRAVIER de VERGENNES

T

HE Most Christian King and the United States of NorthAmerica, to wit, New-Hampshire, Massachusetts-Bay, Rhode-Island, Connecticut, New-York, New Jersey, Pennfylvania, Delaware, Maryland, Virginia, North-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 confideration the means of strengthening those engagements, 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 faid 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 faid united states having resolved in that cafe, to join their councils and efforts against the enterprizes of their common enemy;

The respective plenipotentiaries impowered to concert the clauses and conditions proper to fulfil the faid intentions, have, after the most mature deliberation, concluded and determined on the following articles.

Σ

Article 1. IF war should break out between France and GreatBritain 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.

Art. 2. The effential and direct end of the prefent defenfive alliance is, to maintain effectually the liberty, sovereignty, and independence, absolute and unlimited, of the said united states, as well in matters of government as of commerce.

Art. 3. 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.

Art. 4. The contracting parties agree, that in cafe either of them should form any particular enterprize in which the concurrence of the other may be defired, the party whose concurrence is defired, shall readily and with good faith join to act in concert for that purpose, as far as circumstances and its own particular fituation will permit; and in that cafe, they shall regulate by a particular convention, the quantity and kind of fuccour to be furnished, and the time and manner of its being brought into action, as well as the advantages which are to be its compenfation. Art.

1

Art. 5. 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 cafe of fuccefs, shalt be confederated with, or dependent upon the faid united states.

Art. 6. The most christian king renounces for ever the poffeffion of the islands of Bermudas, as well as of any part of the continent of North-Ainerica, 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.

Art. 7. 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 faid ifles, in cafe of success, shall appertain to the crown of France. Art. 8. Neither of the two parties shall conclude either truce or peace with Great-Britain, without the formal confent 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 affured, by the treaty or treaties that shall terminate the war,

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Art. 9. The contracting parties declare, that being refolved to fulfil each on its own part, the clauses and conditions of the present treaty of alliance, according to its own power and circumftances, there shall be no after-claim of compenfation, on one fide or the other, whatever may be the event of the war.

Art. 10. 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 prefent alliance, under such conditions as shall be freely agreed to, and fettled between all the parties.

Art. 11. The two parties guarantee mutually from the present time and for ever, against all other powers, to wit, The united states to his most christian majesty, the present poffeffions 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, absolute and unlimited, as well in matters of government as commerce, and also their poffeffions, 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 fifth and fixth articles above written; the whole as their possession shall be fixed and assured to the faid states, at the moment of the ceffation of their present war with England.

Art. 12. In order to fix more precisely the sense and application of the preceding article, the contracting parties declare, that in