of either of the parties fhall be met with, either failing along the coafts or on the high feas, by any fhip of war of the other, or by any privateers, the laid fhips of war or privateers, for the avoiding of any diforder, fhall remain out of cannon fhot, and may send their boats on board the merchant fhip which they shall so meet with, and may enter her to the number of two or three men only, to whom the mafter or commander of fuch fhip or veffel fhall exhibit his paffport concerning the property of the fhip, made out according to the form inferted in this prefent treaty'; and the fhip, when the fhall have fhewed fuch paffport, fhall be free and at liberty to pursue her voyage, fo as it fhall not be lawful to moleft or fearch in any manner, or to give her chafe, or to force her to quit her intended course.

Art. 28. It is alfo agreed, that all goods, when once put on board the fhips or veffels of either of the two contracting parties, fhall be fubject to no further vifitation, but all vifitation or fearch fhall be made before hand, and all prohibited goods fhall be stopped on the spot before the fame be put on board, unless there are manifeft tokens or proofs of fraudulent practice; nor fhall either the perfons or goods of the fubjects of his moft chriftian majefty, or the united states, be put under any arreft or molefted by any other kind of embargo for that caufe, and only the fubject of that state to whom the faid goods have been or fhall be prohibited, and who fhall prefume to feli or alienate fuch, fort of goods, fhall be duly punifhed 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, whofe functions fhall be regulated by a particular agreement.

Art. 30. And the more to favour and facilitate the commerce which the fubjects 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 difpofe of all the produce and merchandize of the thirteen united ftates; and his majesty will alfo continue to the fubjects of the faid ftates, the free ports which have been and are open in the French iflands of America, of all which free ports the said fubjects of the united states fhall enjoy the use, agreeable to the regulations which relate to them.

Art. 31. The prefent treaty fhall be ratified on both fides, and the ratifications fhall be exchanged in te fpace of fix months, or fooner, if poffible.

IN FAITH WHEREOF the refpective plenipotentiaries have figned the above articles both in the French and English languages; declaring, nevertheless, that the prefent treaty was originally compofed and concluded in the French language, and they have thereto affixed their feals.

DONE at PARIS, this Sixth Day of February, One Thoufand Seven Hundred and Seventy-Eight.

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

To all who fhall fee thefe prefents, Greeting.

IT is hereby made known, that leave and permiffion has been given to mafter and commander of the ship called

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of the town of

burthen

tons or thereabouts, lying at prefent in the port and haven of and bound for and laden with After that this fhip has been vifited, 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 fubjects of the act whereof

fhall be put at the end of thefe prefents; as likewife that he will keep and caufe to be kept by his crew on board, the marine ordinances and regulations, and enter in the proper office a lift, figned and witneffed, containing the names and firnames, the places of birth and abode of the crew of his fhip, and of all who fhall embark 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 fhall enter with his fhip, he fhall fhew his prefent leave to the officers and judges of the marine; and thall give a faithful account to them of what paffed and was done during his voyage; and he fhall carry the colours, arms and enfign of the king or united states during his voyage. In witness whereof we have figned these presents, and put the feal of our arms thereunto, and caused the fame to be counterfigned by

day of

at

Anno Domini

TREATY

TREATY OF ALLIANCE,

EVENTUAL and DEFENSIVE.

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

THE

To all who fhall see these prefents, Greeting:

HE Congress of the united states of North-America, having by their plenipotentiaries refiding in France, propofed to form with us a defenfive and eventual Alliance: Willing to give the said ftates an efficacious proof of the intereft we take in their profperity, we have determined to conclude the faid alliance. For thefe caufes and other good confiderations thereto moving, we, repofing entire confidence in the capacity and experience, zeal and fidelity for our fervice, of our dear and beloved Conrad Alexander Gerard, royal fyndic of the city of Strasbourg, fecretary of our council of flate, have nominated, commoned and deputed, and by thefe prefents figned with our hand, de nominate, commiffion and depute him our plenipotentiary, giving him power and special command to act in this quality, and confer, negociate, treat and agree conjointly with the abovementioned plenipotentiaries of the united flates, 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 acts whatever, as he fball judge proper to answer the end which we propofe; promifing on the faith and word of a king, to agreè to, confirm and establish for ever, to accomplish and execute punctually whatever our faid dear and beloved Conrad Alexander Gerard fall have ftipulated and figned in virtue of the prefent power, without ever contravening it, or juffering it to be contravened for any caufe and under any pretext whatever, as likewife to caufe our letters of ratification to be made in due form, and to have them delivered in order to be exchanged at the time that fhall be agreed upon. For fuch is our pleafure. In teftimony whereof we have fet our feal to thefe prefents. Given at Verfailles, the thirtieth day of the month January, in the year of grace one thousand feven hundred and feventy-eight, and the fourth of our reign.

(L. S.)

(Signed)

LOU 1 S.

By the King.

GRAVIER de VERGENNES

HE Moft Chriftian King and the United States of NorthAmerica, to wit, New-Hampshire, Maffachusetts-Bay, Rhode-Ifland, 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 fubjects and citizens, have thought it neceffary to take into confideration the means of ftrengthening thofe engagements, and of rendering them useful to the fafety and tranquillity of the two parties; particularly in cafe Great-Britain, in refentment of that connection, and of the good correfpondence which is the object of the faid treaty, fhould break the peace with France, either by direct hoftilities, or by hindering her commerce and navigation in a manner contrary to the rights of nations, and the peace fubfifting between the two crowns. And his majefty and the faid united states having refolved 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 moft mature deliberation, concluded and determined on the following articles.

Article 1. IF war fhould break out between France and GreatBritain during the continuance of the prefent war between the united ftates and England, his majefty and the faid united states shall make it a common caufe, and aid each other mutually with their good offices, their counfels 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, fovereignty, and independence, abfolute and unlimited, of the faid united ftates, as well in matters of government as of commerce.

Art. 3. The two contracting parties fhall, each on its own part, and in the manner it may judge moft proper, make all the efforts in its power against their common enemy, in order to attain the end propofed.

Art. 4. The contracting parties agree, that in cafe either of them fhould form any particular enterprize in which the concurrence of the other may be defired, the party whofe concurrence is defired, fhall readily and with good faith join to act in concert for that purpofe, as far as circumftances and its own particular fituation will permit, and in that cafe, they fhall 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.

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Art. 5. If the united ftates fhould think fit to attempt the reduction of the British power remaining in the northern parts of America, or the islands of Bermudas, thofe countries or iflands, in cafe of fuccefs, fhall be confederated with, or dependent upon the faid united ftates.

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 moft chriftian majefty fhall think proper to attack any of the islands fituated in the Gulph of Mexico, or near that gulph, which are at prefent under the power of Great Britain, all the' faid ifles, in cafe of fuccefs, fhall appertain to the crown of France.

Art. 8. Neither of the two parties fhall 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 fhall have been formally or tacitly affured, by the treaty or treaties that thall terminate the war,

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

Art. 10. The moft chriftian king and the united states agree to invite or admit other powers, who may have received injuries. from England, to make common caufe with them, and to accede to the prefent alliance, under fuch conditions as fhall be freely agreed to, and fettled between all the parties.

Art. 11. The two parties guarantee mutually from the prefent time and for ever, against all other powers, to wit, The united ftates to his moft chriftian majefty, the prefent poffeffions of the crown of France in America, as well as thofe which it may acquire by the future treaty of peace; and his most chriftian majefty guarantees on his part to the united states, their liberty, fovereignty, and independence, abfolute and unlimited, as well in matters of government as commerce, and alfo their poffeffions, and the additions or conquefts, that their confederation may obtain during the war, from any of the dominions now or heretofore poffeffed by Great-Britain in North-America, conformable to the fifth and fixth articles above written; the whole as their poffeffion fhall be fixed and affured to the faid ftates, at the moment of the ceffation of their prefent war with England.

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

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cafe