Report of the Committee

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Report of the Committee on the plan of Treaties, & c˙, September 10, 1776.

There shall be a firm, inviolable, and universal peace and a true and sincere friendship between the Most Serene and Mighty Prince Lewis the Sixteenth the Most Christian King, his heirs and successors, and the United States of America; and the subjects of the Most Christian King, and of the said States; and between the countries, islands, cities, and towns situate under the jurisdiction of the Most Christian King and of the said United States, and the people and inhabitants thereof, of every degree without exception of persons or places; and the terms hereinafter mentioned shall be perpetual between the Most Christian King, his heirs and successors, and the said United States.

ARTICLE 1. The subjects of the Most Christian King shall pay no other duties, or imposts, in the ports, havens, roads, countries, islands, cities, or towns of the said United States, or any of them, than the natives thereof, or any commercial companies established by them, or any of them, shall pay, but shall enjoy all other the rights, liberties, privileges, immunities, and exemptions in trade, navigation, and commerce, in passing from one part thereof to another, and in going to and from the same, from and to any part of the world, which the said natives, or companies, enjoy.

ARTICLE 2. The subjects, people, and inhabitants of the said United States, and every of them, shall pay no other duties, or imposts, in the ports, havens, roads, countries, islands, cities, or towns of the Most Christian King, than the natives of such countries, islands, cities, or towns of France, or any commercial companies established by the Most Christian King, shall pay, but shall enjoy all other the rights, liberties, privileges, immunities, and exemptions in trade, navigation, and commerce, in passing from one part thereof to another, and in going to and from the same, from and to any part of the world, which the said. natives, or companies, enjoy.

ARTICLE 3. The Most Christian King shall endeavour, by all the means in his power, to protect and defend all vessels, and the effects belonging to the subjects, people, or inhabitants, of the said United States, or any of them, being in his ports, havens, or roads, or on the seas, near to his countries, islands, cities, or towns, and to recover or restore, to the right owners, their agents, or attorneys, all such vessels, and effects, which shall be taken within his jurisdiction, and his ships of war, or any convoys sailing under his authority, shall upon all occasions take under their protection all vessels belonging to the subjects, people, or inhabitants of the said United States, or any of them, and holding the same course, or going the same way, and shall defend such vessels as long as they hold the same course, or go the same way, against all attacks, force, and violence, in the same manner as they ought to protect and defend vessels belonging to the subjects of the Most Christian King.

ARTICLE 4. In like manner the said United States, and their ships of war, and convoys sailing under their authority, shall protect and defend all vessels and effects belonging to the subjects of the Most Christian King, and endeavour to recover and restore them, if taken within the jurisdiction of the said United States, or any of them.

ARTICLE 5. The Most Christian King, and the said United Slates, shall not receive, nor suffer to be received into any of their ports, havens, roads, countries, islands, cities, or towns, any pirates or sea-robbers, or afford or suffer any entertainment, assistance, or provisions to be offered to them, but shall endeavour by all means, that all pirates and sea-robbers, and their partners, sharers, and abettors, be found out, apprehended, and suffer condign punishment; and all the vessels and effects piratically taken, and brought into the ports or havens of the Most Christian King, or the said United States, which can be found, although they be sold, shall be restored, or satisfaction given therefor, to

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ARTICLE 6. The Most Christian King shall protect, defend, and secure, as far as in his power, the subjects, people, and inhabitants of the said United States, and every of them, and their vessels and effects of every kind, against all attacks, assaults, violences, injuries, depredations, or plunderings, by or from the King or Emperor of Morocco or Fez, and the States of Algiers, Tunis, and Tripuli, and any of them, and every other Prince, State, and Power, on the coast of Barbary in Africa, and the subjects of the said Kings, Emperors, States, and Powers, and of every of them, in the same manner, and as effectually and fully, and as much to the benefit, advantage, ease, and safety, of the said United States, and every of them, and of the subjects, people, and inhabitants thereof, to all intents and purposes, as the King and Kingdom of Great Britain, before the commencement of the present war, protected, defended, and secured the people and inhabitants of the said United States, then called the British Colonies in North America, their vessels and effects, against all such attacks, assaults, violences, injuries, depredations, and plunderings.

ARTICLE 7. If in consequence of this treaty the King of Great Britain should declare war against the Most Christian King, the said United States shall not assist Great Britain in such war with men, money, ships, or any of the articles in this treaty denominated contraband goods.

ARTICLE 8. In case of any war between the Most Christian King and the King of Great Britain, the Most Christian King shall never invade, nor under any pretence attempt to possess himself of Labrador, New Britain, Nova Scotia, Acadia, Canada, Florida, nor any of the countries, cities, or towns, on the Continent of North America, nor of the islands of Newfoundland, Cape Bretan, St˙ John' s, Anticosti, nor of any other island lying near to the said Continent, in the seas, or in any gulf, bay, or river, it being the true intent and meaning of this treaty, that the said United States shall have the sole, exclusive, undivided, and perpetual possession of all the countries, cities, and towns, on the said Continent, and of all islands near to it, which now are, or lately were, under the jurisdiction of, or subject to, the King or Crown of Great Britain, whenever they shall be united or confederated with said United States.

ARTICLE 9. Nor shall the Most Christian King at any time make any claim or demand to the said countries, islands, cities, and towns, mentioned in the next preceding article, or any of them, or to any part thereof, for or on account of any assistance afforded to the said United States in attacking or conquering the same, or in obtaining such a submission, or confederation, as has been mentioned in the said preceding articles, nor on any other account whatever.

ARTICLE 10. If in any war, the Most Christian King shall conquer, or get possession of the islands in the West Indies now under the jurisdiction of the King or Crown of Great Britain, or any of them, or any dominions of the said King or Crown in any other parts of the world, the subjects, people, and inhabitants of the said United Slates, and every of them, shall enjoy the same rights, liberties, privileges, immunities, and exemptions, in trade, commerce, and navigation, to and from the said islands and dominions, that are mentioned in the second article of this treaty.

ARTICLE 11. It is the true intent and meaning of this treaty, that no higher or other duties shall be imposed on the exportation of any thing of the growth, production, or manufacture of the islands in the West-Indies now belonging, or which may hereafter belong, to the Most Christian King, to the said United States, or any of them, than the lowest that are or shall be imposed on the exportation thereof to France, or to any other part of the world.

ARTICLE 12. It is agreed by and between the said parties, that no duties whatever shall ever hereafter be imposed on the exportation of molasses from any of the islands and dominions of the Most Christian King in the West-Indies to any of these United States.

ARTICLE 13. The subjects, people, and inhabitants of the said United

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ARTICLE 14. The merchant ship of either of the parties which shall be making into a port belonging to the enemy of the other ally, and concerning whose voyage, and the species of goods on board her, there shall be just grounds of suspicion, shall be obliged to exhibit, as well upon the high seas as in the ports and havens, not only her passports, but likewise certificates expressly showing that her goods are not of the number of those which have been prohibited as contraband.

ARTICLE 15. If, by exhibiting of the above-said certificates, the other party discover there are any of those sorts of goods which are prohibited and declared contraband, and consigned for a port under the obedience of his enemies, it shall not be lawful to break up the hatches of such ship, or to open any chest, coffers, packs, casks, or any other vessels found therein, or to remove the smallest parcels of her goods, whether such ship belong to the subjects of France or the inhabitants of the said United States, unless the fading be brought on shore in the presence of the officers of the Court of Admiralty, and an inventory thereof made; but there shall be no allowance to sell, exchange, or alienate the same in any manner, until after that due and lawful process shall have been had against such prohibited goods, and the Courts of Admiralty shall, by a sentence pronounced, have confiscated the same, saving always as well the ship itself as any other goods found therein which by this treaty are to be esteemed free; neither may they be detained on pretence of their being, as it were, infected by the prohibited goods, much less shall they be confiscated as lawful prize: But if not the whole cargo, but only part thereof, shall consist of prohibited or contraband goods, and the commander of the ship shall be ready and willing to deliver them to the captor who has discovered them, in such case the captor, having received those goods, shall forthwith discharge the ship, and not hinder her by any means freely to prosecute the voyage on which she was bound.

ARTICLE 16. On the contrary it is agreed, that whatever shall be found to be laden by the subjects and inhabitants of either party on any ship belonging to the enemy of the other, or to his subjects, the whole, although it be not of the sort of prohibited goods, maybe confiscated in the same manner as if it belonged to the enemy himself, except such goods and merchandise as were put on board such ship before the declaration of war, or even after such declaration, if so be it were done without knowledge of such declaration. So that the goods of the subjects and people of either party, whether they be of the nature of such as were prohibited or otherwise, which, as is aforesaid, were put on board any ship belonging to an enemy before the war, or after the declaration of the same, without knowledge of it, shall noways be liable to confiscation, but shall well and truly be restored without delay to the proprietors demanding the same; but so as that if the said merchandises be contraband, it shall not be any ways lawful to carry them afterwards to any ports belonging to the enemy.

ARTICLE 17. And that more effectual care may be taken for the security of the subjects and inhabitants of both parties, that they suffer no injury by the men-of-war or privateers of the other party, all the commanders of the ships of the Most Christian King and of the said United States, and all their subjects and inhabitants, shall be forbid doing any injury or damage to the other side, and if they act to the contrary, they shall be punished, and shall moreover be bound to make satisfaction for all matter of damage, and the interest thereof, by reparation, under the pain and obligation of their person and goods.

ARTICLE 18. All ships and merchandises of whatnature soever, which shall be rescued out of the hands of any pirates or robbers on the high seas, shall be brought into some port of either State, and shall be delivered to the custody of the officers of that port, in order to be restored entire to the true proprietor, as soon as due and sufficient proof shall be made concerning the property thereof.

ARTICLE 19. It shall be lawful for the ships of war of either party,

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ARTICLE 20. If any ships belonging to either of the parties, their people, or subjects, shall, within the coasts or dominions of the other, stick upon the sands or be wrecked, or suffer any other damage, all friendly assistance and relief shall be given to the persons shipwrecked, or such as shall be in danger thereof; and letters of safe conduct shall likewise be given to them for their free and quiet passage from thence, and the return of every one to his own country.

ARTICLE 21. That in case the subjects and inhabitants of either party, with their shipping, whether publick, and of war, or private, and of merchants, be forced through stress of weather, pursuit of pirates or enemies, or any other urgent necessity for seeking of shelter and harbour, to retreat and enter into any of the rivers, creeks, bays, havens, roads, posts, or shores, belonging to the other party, they shall be received and treated with all humanity and kindness, and enjoy all friendly protection and help; and they shall be permitted to refresh and provide themselves, at reasonable rates with victuals and all things needful for the sustenance of their persons or reparation of their ships and conveniency of their voyage; and they shall noways be detained or hindered from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance.

ARTICLE 22. The subjects, inhabitants, merchants, commanders of ships, masters and marines of the States, Provinces, and dominions of each party respectively, shall abstain and forbear to fish in all places possessed, or which shall be possessed by the other party. The Most Christian King' s subjects shall not fish in the havens, bays, creeks, roads, coasts, or places which the said United States hold, or shall hereafter hold, and in like manner, the subjects, people, and inhabitants of the said United States shall not fish in the havens, bays, creeks, roads, coasts, or places which the Most Christian King possesses or shall hereafter possess; and if any ship or vessel shall be found fishing contrary to the tenour of this treaty, the said ship or vessel, with its lading, proof being made thereof, shall be confiscated.

ARTICLE 23. For the better promoting of commerce on both sides, it is agreed, that if a war should break out between the said two nations, six months after the proclamation of war shall be allowed to the merchants in the cities and towns where they live, for selling and transporting their goods and merchandises; and if any thing be taken from them, or any injury be done them within that term by either party, or the people or subjects of either, full satisfaction shall be made for the same.

ARTICLE 24. No subject of the Most Christian King shall apply for, or take any commission or letters of marque for arming any ship or ships to act as privateers against the said United States, or any of them, or against the subjects, people, or inhabitants of the said United States or any of them, or against the property of any of the inhabitants of any of them, from any Prince or State with which the said United States shall be at war; nor shall any citizen, subject, or inhabitant of the said United States, or any of them, apply for or take any commission or letters of marque for arming any ship or ships to act as privateers against the subjects of the Most Christian King or any of them, or the property of any of them, from any Prince or State with which the said King

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ARTICLE 25. It shall not be lawful for any foreign privateers, not belonging to subjects of the Most Christian King nor citizens of the United States, who have commissions from any other Prince or State in enmity with either nation, to fit their ships in the ports of either the one or the other of the aforesaid parties, to sell what they have taken, or in any other manner whatsoever to exchange either ships, merchandises, 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.

ARTICLE 36. It shall be lawful 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, no distinction being made who are the proprietors of the merchandises 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 lawful for the subjects and inhabitants aforesaid, to sail with the ships and merchandises aforementioned, and to trade with the same liberty and security, from the places, ports, and havens of those who are enemies of both or either party, without any opposition or disturbance whatsoever, not only directly from the places of the enemy aforementioned to neutral, 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 give a freedom to goods, and that every thing shall be deemed to be free and exempt which shall be found on board the ships belonging to the subjects of either of the confederates, although the whole lading, or any part thereof, should appertain to the enemies of either, contraband goods being always excepted. It is also 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.

ARTICLE 27. This liberty of navigation and commerce shall extend to all kinds of merchandises, excepting those only which are distinguished by the name of contraband; and under this name of contraband, or prohibited goods, shall be comprehended arms, great guns, bombs with their fusees and other things belonging to them, fire-balls, gunpowder, match, cannon-balls, pikes, swords, lances, spears, halberds, mortars, petards, granadoes, saltpetre, musket-ball, helmet, headpieces, breastplates, coats of mail, and the like kinds of arms proper for arming soldiers, musket-rests, belts, horses with their furniture, and all other warlike instruments whatever. These merchandises which follow shall not be reckoned among contraband or prohibited goods: that is to say, all sorts of cloths, and all other manufactures woven of any wool, flax, silk, cotton, or any other materials whatever; all kinds of wearing apparel, together with the species whereof they are used to be made; gold and silver, as well coined as uncoined, tin, iron, lead, copper, coals, as also wheat and barley, and any other kind of corn and pulse, tobacco, and likewise all manner of spices, salted and smoked flesh, salted fish, cheese and butter, beer, oils, wines, sugars, and all sorts of salt, and in general all provisions which serve for the nourishment of mankind and the sustenance of life; furthermore, all kinds of cotton, hemp, flax, 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, and all other goods whatever, which have not been worked into the form of any instrument or thing prepared for war by land or by sea, shall not be reputed contraband, much less such as have been already wrought and made up for any other use; all which shall wholly be reckoned among free goods; as likewise all other merchandises and things which are not comprehended and particularly mentioned in the foregoing enumeration of contraband goods, so that they may be transported

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ARTICLE 28. 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 furnished with sea-letters or passports expressing 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 passports 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 any forbidden or contraband goods be on board the same, 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 advisable to express in the said certificates the person to whom the goods on board belong, he may freely do so.

ARTICLE 29. 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 enter into port, or being entered into port, and not willing to unload their cargoes or break bulk, shall not be obliged to give an account of their lading, unless they should be suspected, upon some manifest tokens, of carrying to the enemy of the other ally any prohibited goods called contraband. And in case of such manifest suspicion, the said subjects and inhabitants of either of the parties shall be obliged to exhibit in the ports their passports and certificates in the manner before specified.

ARTICLE 30. That 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 ships of war of the other, or by any privateers, the said ships of war or privateers, for the avoiding of any disorder, shall remain out of cannon-shot, and may send their boat aboard 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 shall have showed such passport, shall be free and at liberty to pursue her voyage, so as it shall not be lawful to molest or search her in any manner, or to give her chase, or force her to quit her intended course. It is also agreed, that all goods, when once put on board the ships or vessels of either party, shall be subject to no further visitation, but all visitation or search shall be made beforehand, and all prohibited goods shall be stopped on the spot, before the same be put on board the ships or vessels of the respective State: 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 by whom the said goods have been or shall be prohibited, and shall presume to sell or alienate such sort of goods, shall be duly punished for the offence.