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parties, to sell what they have taken, or in any othermanner whatsoever to exchange their ships, merchandizes or any other lading; neither shall they be allowed even to purchase victuals, except such as shall be necessary for their going to the next port of that prince or state from which they have commissions.

Art. 23. It shall be lawsul for all and singular the subjects of the most christian king, and the citizens, people and inhabitants of the said united states, to sail with their ships with all manner of liberty and security, nodistinction being made who are the proprietors of the merchandize laden thereon, from any port to the places of those who now are or hereafter shall be at enmity with the most christian king or the united states. It shall likewise be lawsul for the subjects and inhabitants aforesaid, to sail with the ships, and merchandizes aforementioned, and to trade with the same liberty and security from the places, ports, and havens of th»ose who are enemies of both or either party, without any oppofition ordisturbance whatsoever, not only directly from the places of the enemy aforementioned to neutral places, but also from one place belonging to an enemy to another place belonging to an enemy, whether they be under the jurisdiction of the same prince or under several. And it is hereby stipulated, that free ships shall also have a freedom to goods, and that every thing shall be deemed free and exempt which shall be sound on board the ships belonging to the subjects of either of the consederates, although the whole lading or any part thereof should appertain to the enemiesof either, contraband goods being al way sexcepted. It is al so agreed in like manner, that the same liberty be extended to persons who are on board a free ship, with this effect, that although they be enemies to both or either party, they are not to be taken out of that free ship, unless they are soldiers and in actual service of the enemies.

Art. 24. This liberty of navigation and commerce shall extend to all kinds of merchandizes, except those only which are distinguished by the name of contraband ; and under this mrhe of contraband or prohibited goods shall be comprehended arms, great guns, bombs with their suses and other things belonging to them* cannon ball, gun-powder, mate!,, pikes, swords, lances, spears, halberds, mortars, petards, grenadoes, saltpetre, muskets, musketball, bucklers, helmets, breast-plates, coats of mail, and the like kinds of arms proper for arming soldiers, musket rests, belts, horses with their surniture, and all other warlike instruments whatever. These merchandizes which followshEll not be reckoned among contraband or prohibited goods; that is to say, all forts of clothes, and all other manusactures woven of any wool, slax, silk, cotton, or.any other materials whatever, all kinds of wearing apparel, together with the species whereof they arc used to be made, gold and silver*, as well coined as uncoined, tin, iron, {atten, copper, brass, coals . as also wheat and barley, and any

Y other other kind of corn or pulse, tobacco, and likewise all manner of spices, salted and smoaked slesh, salted fishi cheese and butter-, beer, oils, wines, sugars, and all forts of salts, and in general all provisions which serve for the nourishmentof mankind and the sustenance of lise} surthermore, all kindsof cotton, hemp, slax, tar, pitch, ropes, cables, sails, sail-cloth, anchors, and any parts of anchors, also ships masts, planks, boards and beams of what trees soever, and all other things proper either for building or repairing ships, andail other goods whatever which have not been worked into the form of any instrument or thing prepared for war by land or sea, shall not be reputed contraband, much less such as have been already wrought up for any other use; all of which shall be wholly reckoned among free goods j as likewise all other merchandizes and things which are not comprehended and particularly mentioned in the foregoing enumeration of contraband goods, so that they may be transported and carried in the freest manner by the subjects of both consederates even to places belonging to an enemy, such towns or places being only excepted as are at that time besieged, blocked iip or invested.

Art. 25. To the end that all manner of dissensions and quarrels may be avoided and prevented on one side and the other, it is agreed, that in case either of the parties hereto should be engaged in war, the ships and vessels belonging to the subjects or people of the other ally must be surnished with sea letters or passports, expreffing the name, property and bulk of the ship, as also the name and place of habitation of the master or commander of the said ship, that it may appear thereby that the ship really and truly belongs to the subjects of one of the parties, which passport shall be made out and granted according to the form annexed to this treaty; they shall likewise be recalled every year, that is, if the ship happens to return home within the space of a year: it is likewise agreed, that such ships being laden are to be provided-not only with passports as above mentioned, but also with certificates, containing the several particulars of the cargo, the place whence the ship sailed, and whither she is bound, that so it may be known whether »ny forbidden or contraband goods be on board of the fame, which certificates shall be made out by the officers of the place whence the ship set sail, in the accustomed form; and if any one shall think it fit or adviseable to express in the said certificates the person to whom the goods on board belong, he may freely do so.

Art. 26. The ships of the subjects and inhabitants of either of the parties coming upon any coast belonging to either of the said allies, but not willing to enjter into port, or being entered into port and not willing to unload their cargoes or break bulk, they shall be treated according to the general rules prescribed or to be prescribed relative to the object in question. An. 27, If the ships of the said subjects, people or inhabitants of either of the parties shall be met with, either sailing along the coasts or on the high seas, by any ship of war of the other, or by any privateers, the sa.id ships of war or privateers, for the avoiding of any disorder, shall remain out of cannon shot, and may send 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 such ship or vessel shall exhibit his passport concerning the property of the ship, made out according to the form inserted in this present treaty; and the ship, when she shal} have shewed such passport, shall be free and at liberty to pursue her voyage, so as it shall not be lawsul to molest or search in any manner, or to give her chase, or to force her to quit her intended course.

Art. 28. It is also agreed, that all goods, when once put on board the ships or vessels of eithef of the two contracting parties* shall be subject to no further visitation, but all visitation or search shall be made before hand, and all prohibited goods shall be stopped on the spot before the same be put on board, unless there are manisest tokens or proofs of fraudulent practice; nor shall either the persons or goods of the subjects of his most christian 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 said goods have been or shall be prohibited, and who shall presume to sell or alienate such sort 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, consuls, vice-consuls, agents and commissaries, whose sunctions shall be regulated by a particular agreement.

Art. 30. And the more to savour and sacilitate tne commerce which the subjects of the united states may have with France, the most christian king will grant them in Europe onevir 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 ail which free ports the said subjects of the united slates 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 six months, or sooner, is poffible.

In Faith Wheriof 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.

Y2 DONE DONE at Paris, this Sixth Day of February, One Thousand

Sev:n Hundred and Seventy-Eight. '.

(L. S.) C. A. G E R A R D.

(L. S.) B. F R A N K L I N.

(L. S.) SILAS DEAN E.

(L. S.) ARTHUR LEE.

*

Form of the Passports ar.d Letters which are to he given to the Ships and Barques actording to the Twenty-fifth Article of this Treaty.

To all who shall see these presents, Greeting.

IT is hereby made known, that leave and permiffion 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 bound for and laden with

After that this ship has been visited, and before sailing, he shall make oath 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

iha!l be pus 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 sirnames, the places of birth and abode of the .crew of his ship, and of all who shall embp«Jc on board her, whom he shall not take on board without the knowledge and permiffion 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 _ shall give a saithsul 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 signed these presents, and put the seal of our arms there. unto, and caused the same to be.countersigned by at

the day of Anno Domini

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TREATY Of ALLIANCE,

Eventual and Defensive.

L O UIS, by the Grace of God, King as France and Navarre, To all who shall see these presents, Greeting:

THE Congress of the united slates of North-America, having by their plenipotentiaries residing in France, proposed to form with us a defensive and eventual Alliance: Willing to give the said slates an efficacious proof of the interest we take in their prosperity, we have determined to conclude the said alliance. For these causes and tther good considerations thereto moving, we, reposing entire confidence in the capacity and experience, %eal and fidelity for our service, of our dear and beloved Conrad Alexander Gerard, royal syndic of the city of Strasbourg, secretary of our council of slate, have nominated, commissioned and deputed, and by these presents signed with our hand, do nominate, commission and depute him our plenipotentiary, giving him power and special command to act in this quality, and confer, negoclate, Jreat and agree conjointly with the abovementloned plenipotentiaries of the united Jiates, invested in the Hie manner with powers in dice form to determine, conclude and sign fitch articles, conditions, conventions, declarations, definitive treaty, and any other alls whatever, as he stall'jud^e proper to answer the end which we propose; promising on the faith and word of a king, to agree to, confirm and establijhfor ever, to accomplist and execute punctually whatever our said dear and beloved Conrad Alexander Gerard stall have stipulated and signed in virtue of the present power, without ever contravening it, or suffering it to be contravened for any" cause and under any pretext whatever i as likewise lo cause our letters of ratification to bt made in due form, and to have them delivered in order to be exchanged at the time that stall be agreed upon. For such is our pleasure. In testimony whereof we have set our seal to these presents. Given at Versailles, the thirtieth day of the month January, in the year of grace «ne thousand seven hundred and seventy-eight, and the fourth of our reign.

!•; . (Signed) . t

. (LiS..)" '• ." .. LO Ut S.

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