it to be contravened for any caufe, or under any pretext whatsoever; and alfo to ratify the fame in due form, and caufe our ratification to be delivered and exchanged in the time that shall be agreed on. For fuch is our pleasure. In teftimony whereef we have hereunto fet our seal. Done at Verfailles, this thirtieth day of January, in the year of our Lord one thousand feven hundred and feventy-eight, and the fourth year of our reign.

T

THE T RE A T

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THE Moft Chriftian King, and the Thirteen United States of North-America, to wit, New-Hampshire, MaffachusettsBay, Rhode Island, Connecticut, New-York, New-Jersey, Pennfylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, willing to fix in an equitable and permanent manner, the rules which ought to be followed relative to the correfpondence and commerce which the two parties defire to eftablish between their respective countries, ftates and fubjects; his moft chriftian majefty and the faid united states have judged that the faid end could not be better obtained, than by taking for the bafis of their agreement, the most perfect equality and reciprocity, and by carefully avoiding all thofe burthenfume preferences which are ufually fources of debate, embarraffment and difcontent; by leaving alfo each party at liberty to make refpecting navigation and commerce thofe interior regulations which it. fhall find mof convenient to itself, and by founding the advantage of commerce folely upon reciprocal utility, and the juft rules of free intercourfe; referving withal to each party the liberty of admitting, at its pleasure, other nations to a participation of the fame advantages. It is in the fpirit of this intention, and to fulfill these views, that his faid majefty having named and appointed for his plenipotentiary, Conrad Alexander Gerard, royal fyndic of the

L

city

city of Strafbourg, fecretary of his majefty's council of state; and the united states on their part, having fully empowered Benjamin Franklin, deputy from the ftate of Pennsylvania to the general congrefs, and prefident to the convention of the faid ftate; Silas Deane, late deputy from the fate of Connecticut to the faid congrefs; and Arthur Lee, counsellor at law: The faid refpective plenipotentiaries, after exchanging their powers, and after mature deliberation, haye concluded and agreed upon the following articles:

Article . THERE fhall be a firm, inviolable and univerfal peace, and a true and fincere friendship, between the most chriftian king, his heirs and fucceffors, and the united states of America, and the fubjects of the most chriftian king and of the faid ftates, and between the countries, iflands, cities and towns fituate under the jurifdiction of the moft chriftian king, and of the faid united ftates, and the people and inhabitants of every degree, without exception of perfons or places, and the terms herein after mentioned fhall be perpetual between the moft chriftian king, his heirs and fucceffors, and the faid united states.

Art. 2. The moft chriftian king and the united states engage mutually not to grant any particular favour to other nations, in refpect of commerce and navigation, which shall not immediately become common to the other party, who fhall enjoy the fame favour freely, if the conceffion was freely made, or on allowing the fame compenfation, if the conceffion was conditional.

Art. 3. The fubjects of the most chriftian king fhall pay in the ports, havens, roads, countries, iflands, cities or towns of the united states, or any of them, no other or greater duties or impofts, of what nature foever they may be, or by what name foever called, than thofe which the nations moft favoured are or fhall be obliged to pay; and they fhall enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce, whether in paffing from one port in the faid ftates to another, or in going to and from the fame, from and to any part of the world, which the faid nations do or fhall enjoy.

Art. 4. The fubjects, people and inhabitants of the laid united ftates, and each of them, fhall not pay in the ports, havens, roads, ilands, cities and places under the domination of his moft chriftian majefty in Europe, any other or greater duties or impofts, of what nature foever they may be, or by what name foever called, than thofe which the most favoured nations are or fhall be obliged to pay and they fhall enjoy all the rights, liberties, privileges, immunities, and exemptions in trade, navigation and commerce, whether in paffing from one port in the faid doininions in Europe to another, or in going to and from the fame, from and to any part of the world, which the said nations do or shall enjoy. Ait.

X

Art. 5. In the above exemption is particularly comprized, the impofition of one hundred fous per ton, eftablished in France on foreign fhips, unlefs when the fhips of the united states fhall load with the merchandize of France, for another port of the faid dominions; in which cafe the fhips fhall pay the duty above mentioned, fo long as other nations the muft favoured fhall be obliged to pay it; but it is understood, that the faid united states, or any of them, are at liberty, when they fhall judge it proper, to eftablish a duty equivalent in the fame cafe.

Art. 6. The most chriftian king fhall endeavour, by all the means in his power, to protect and defend all veffels and the effects belonging to the fubjects, people or inhabitants of the faid united ftates, or any of them, being in his ports, havens or roads, or on the feas near his countries, illands, cities or towns; and to recover and restore to the right owners, their agents or attornies, all fuch veffels and effects which fhall be taken within his jurifdiction; and the hips of war of his moft chriftian majefty, or any convoy failing under his authority, fhall upon all occafions take under their protection all veffels belonging to the fubjects, people, or inhabitants of the faid united states, or any of them, and holding the fame courfe, or going the fame way, and fhall defend fuch veffel's, as long as they hold the fame courfe, or go the fame way, against all attacks, force or violence, in the fame manner as they ought to protect and defend the veffels belonging to the subjects of the most chriftian king.

Art. 7. In like manner the faid united ftates, and their fhips of war failing under their authority, fhall protect and defend, conformably to the tenor of the preceding article, all the veffels and effects belonging to the fubjects of the moft chriftian king, and ufe all their endeavours to recover, and caufe to be restored, the faid veffels and effects that shall have been taken within the jurifdiction of the said united states, or any of them

Art. 8. The noft chriftian king will employ his good offices and interpofitions with the king or emperor of Morocco or Fez; the regencies of Algiers, Tunis and Tripoly, or with any of them; and affo with every other prince, ftate or power, of the coaft of Barbary in Africa; and the subjects of the faid king, emperor, ftates and powers, and each of them, in order to provide as fully and efficaciously as poffible for the benefit, conveniency and fafety of the faid united states, and each of them, their fubjects, people and inhabitants, and their veffels and effects, against all violence, infults, attacks or depredations, on the part of the faid

princes and ftates of Barbary, or their fubjectscommanders of

Art. 9. The fubjects, inhabitants, merchants,

fhips, mafters and mariners of the ftates, provinces and dominions of each party refpectively hall abftain and forbear to fish in all places poffeffed, or which fhall be poffeffed by the other party; the most chriftian king's fubjects fhall not fish in the

havens,

havens, bays, creeks, roads, coafts or places, which the faid united ftates hold, or fhall hereafter hold; and in like manner the fubjects, people and inhabitants of the united ftates fhall not fifh in the havens, bays, creeks, roads, coafts or places, which the moft chriftian king poffeffes, or fhall hereafter poffefs; and if any fhip or veffel fhall be found fishing contrary to the tenor of this treaty, the faid fhip or veffel with its lading, (proof being made thereof) fhall be confifcated; it is however understood that the exclufion ftipulated in the prefent article, shall take place only fo long and fo far, as the moft chriftian king or the united ftates fhall not in this refpect have granted an exemption to fome other nation.

Art. 10. The united states, their citizens and inhabitants, shall never difturb the subjects of the most christian king in the enjoyment and exercife of the right of fishing on the banks of Newfoundland, nor in the indefinite and exclufive right which belongs to them on that part of the coaft of that ifland which is defigned by the treaty of Utrecht, nor in the right relative to all and each of the ines which belong to his moft chriftian majefty, the whole conformable to the true fenfe of the treaties of Utrecht and Paris.

Art. 11. The fubjects and inhabitants of the faid united states, or any of them, fhall not be reputed Aubains in France, and confequently fhall be exempted from the Droit d'Aubaine, or other fimilar duty, under what name foever; they may by teftament, donation, or otherwife, difpofe of their goods, moveable and immoveable, in favour of fuch perfons as to them fhall feem good; and their heirs, fubjects of the united states, refiding whether in France or elsewhere, may fucceed them, ab inteftat, without being obliged to obtain letters of naturalization, and without having the effect of this conceffion contested or impeded, under pretext of any rights or prerogatives of provinces, cities, or private perfons; and the faid heirs, whether fuch by particular title, or ab inteftat, fhall be exempted from the duty called Droit de detraction, or other duty of the fame kind; faying nevertheless the local rights or duties, as much and as long as fimilar ones are not established by the united states, or any of them. The fubjects of the moft chriftian king fhall enjoy on their part, in all the dominions of the faid ftates, an entire and perfect reciprocity, relative to the ftipulations contained in the prefent article: But it is at the fame time agreed, that its contents fhall 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 ftates, on their part, or any of them, fhall be at liberty to enact fuch laws, relative to that matter, as to them fhall feem proper.

Art. 12. The merchant fhips of either of the parties, which fhall be making into a port belonging to the enemy of the other ally, and concerning whose voyage and the fpecies of goods on board

her

her there fhall be juft grounds of fufpicion, fhall be obliged to exhibit, as well upon the high feas, as in the ports and havens, not only her paffports, but likewife certificates, exprefsly fhewing that her goods are not of the number of those which have been prohibited as contraband.

Art. 13. If, by exhibiting of the above-faid certificates, the other party difcover there are any of thofe forts of goods which are prohibited and declared contraband, and configned for a port under the obedience of his enemy, it fhall not be lawful to break up the hatches of fuch fhip, or to open any cheft, coffers, packs, cafks, or any other veffel found therein, or to remove the smallest parcel of her goods, whether fuch fhip belong to the fubjects of France or the inhabitants of the faid united ftates, unless the lading be brought on fhore, in the prefence of the officers of the court of admiralty, and an inventory thereof made; but there hall be no allowance to fell, exchange, or alienate the fame in any manner, until that after due and lawful procefs fhall have been had against fuch prohibited goods, and the court of admiralty fhall, by a fentence pronounced, have confifcated the fame, faving always as well the fhip itfelf, as any other goods found therein. which by this treaty are to be efteemed free; neither may they be detained on pretence of their being as it were infected by the prohibited goods, much lefs fhall they be confifcated as lawful prize; but if not the whole cargo, but only part thereof shall confift of prohibited or contraband goods, and the commander of the ship Thall be ready and willing to deliver them to the captor who has difcovered them, in fuch cafe the captor having received thofe goods, fhall forthwith discharge the fhip, and not hinder her by any means freely to profecute the voyage on which fhe was bound. But in cafe the contraband merchandizes cannot be all received on board the vellel of the captor, then the captor may, notwithstanding the offer of delivering him the contraband goods, carry the veffel into the neareft port, agreeable to what is above directed.

Art. 14. On the contrary it is agreed, that whatever fhall be found to be laden by the fubjects and inhabitants of either party on any fhip belonging to the enemies of the other, or to their fubjects, the whole, although it be not of the fort of prohibited goods, may be confifcated in the fame manner as if it belonged to the enemy, except fuch goods and merchandize as were put an board fuch fhip before the declaration of war, or even after fuch declaration, if fo be it were done without knowledge of fuch declaration; fo.that the goods of the fubjects and people of either party, whether they be of the nature of fuch as are prohibited or otherwife, which, as is aforefaid, were put on board any fhip belonging to an enemy before the war, or after the declaration of the fame, without the knowledge of it, fhall no ways be liable to confifcation, but fall well and truly be reftored