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TREATIES

BETWEEN

His MOST CHRISTIAN MAJESTY,

A N D

THE THIRTEEN UNITED STATES OF AMERICA.

TREATY of AMITY of AMITY and COMMERCE.

LOUIS, by the Grace of GoD, King of France and Navarre, To all who shall fee thefe prefents, Greeting:

HE Congress of the thirteen united states of North-America, having by their plenipotentiaries refiding at Paris, notified their defire to establish, with us and our ftates, a good understanding and perfect correfpondence, and having for that purpose propofed to conclude with us a Treaty of Amity and Commerce: We having thought it our duty to give to the faid ftates a fenfible proof of our affection, determining us to accept of their proposals: For thefe caufes, and other good confiderations us thereunto moving, we, repofing entire confidence in the abilities and experience, zeal and fidelity for our fervice, of our dear and beloved Conrad Alexander Gerard, royal fyndic of the city of Strasbourg, and fecretary of our council of fate, have nominated, appointed, and commiffioned, and by thefe prefents figned with our hand, do nominate, appoint and commiffion him our plenipotentiary, giving him power and special command for us and in our name to agree upon, conclude and fign with the plenipotentiaries of the united flates, equally furnished in due form with full powers, fuch treaty, convention, and articles of commerce and navigation as he shall think proper, willing that he act with the fame authority as we might or could at, if we were perfonally prefent, and even as though he had more special com mand than what is herein contained; promifing in good faith and en the word of a king, to agree to, confirm, and establish for ever, and to accomplish and execute punctually, all that our faid dear and beloved Conrad Alexander Gerard fhall ftipulate and fign, by virtue of the prefent power, without contravening it in any manner, or fuffering

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it to be contravened for any cause, or under any pretext whatsoever;
and also 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 whereof we have hereunto fet our seal.
Done at Verfailles, this thirtieth day of January, in the year of our
Lord one thousand seven hundred and seventy-eight, and the fourth year
of our reign.

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HE Moft Chriftian King, and the Thirteen United States of North-America, to wit, New-Hampshire, MaffachusettsBay, Rhode-Ifland, Connecticut, New-York, New-Jersey, Pennsylvania, 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 subjects; his most 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 moft perfect equality and reciprocity, and by carefully avoiding all thofe burthenfome preferences which are ufually fources of debate, embarrassment and discontent; by leaving alfo each party at liberty to make refpecting navigation and commerce thofe interior regulations which it shall 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 said majefty having named and appointed for his plenipotentiary, Conrad Alexander Gerard, royal fyndic of the

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

Article 1. 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 most 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 most chriftian king, his heirs and fucceffors, and the faid united ftates.

Art. 2. The most chriftian king and the united states engage mutually not to grant any particular favour to other nations, in refpect of commerce and navigation, which fhall 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, islands, 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 those 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 faid united ftates, and each of them, fhall not pay in the ports, havens, roads, iflands, 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 dominions in Europe 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. Ait.

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Art. 5. In the above exemption is particularly comprized, the impofition of one hundred fous per ton, eftablished in France on foreign fhips, unless 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 moft 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 establish a duty equivalent in the fame cafe.

Art. 6. The moft 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, iflands, cities or towns; and to recover and reftore to the right owners, their agents or attornies, all fuch veffels and effects which fhall be taken within his jurifdiction; and the fhips 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 ftates, or any of them, and holding the fame courfe, or going the fame way, and fhall defend fuch veffels, 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 fubjects 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 vessels and effects belonging to the fubjects of the most chriftian king, and ufe all their endeavours to recover, and caule to be restored, the faid veffels and effects that fhall have been taken within the jurifdiction of the faid united ftates, or any of them.

Art. 8. The moft 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 alfo with every other prince, ftate or power, of the coaft of Barbary in Africa; and the fubjects 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 faty of the faid united ftates, 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 fubjects.

Art. 9. The fubjects, inhabitants, merchants, commanders of ip, mafters and mariners of the ftates, provinces and dominions of each party refpectively, fhall abftain and forbear to fifh in al: places poffeffed, or which fhall be poffeffed by the other. party; the moit chriftian king's fubjects fhall not fish in the

havens,

havens, bays, creeks, roads, coafts or places, which the faid united states hold, or fhall hereafter hold; and in like mannet the fubjects, people and inhabitants of the united states fhall not fifh in the havens, bays, creeks, roads, coafts or places, which the moft christian king poffeffes, or fhall hereafter poffels; and if any fhip or veffel fhall be found fifhing contrary to the tenor of this treaty, the f fald 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, fhall tak place only fo long and fo far, as the most 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, fhall never difturb the fubjects of the most christian king in the enjoyment and exercife of the right of fifhing 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 ifles which belong to his moft chriftian majesty, 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, shall 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 otherwise, dispose of their goods, moveable and immoveable, in favour of fuch perfons as to them fhall feem good; and their heirs, subjects of the united ftates, 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 contefted or impeded, under pretext of any rights or prerogatives of provinces, cities, or private persons'; 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; faving 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 chatian king fhall enjoy on their part, in all the dominions of the faid ftates, an entire and perfect reciprocity, relative to the stipu lations 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 states, 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 ships of either of the parties, which fhall be making into a port belonging to the enemy of the other ally, and concerning whofe voyage and the fpecies of goods on board

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