THE Most Christian King and the Thirteen United States of North America, to wit, New-Hampshire, Massachussetts-Bay, Rhode-I­sland, 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 corres­pondence and commerce which the two parties de­sire to establish between their respective countries, states & subjects; His Most Christian Majesty and the said United States have judged that the said end could not be better obtained, than by taking for the basis of their agreement, the most perfect equality and reciprocity, and by carefully avoiding all those burthensome preferences which are usual­ly sources of debate, embarrassment and discontent; by leaving also each party at liberty to make res­pecting navigation and commerce, those interior regulations which it shall find most convenient to it­self, and by founding the advantage of commerce sole­ly upon reprocal utility, and the just rules of free intercourse; reserving withal to each party the li­berty of admitting, at its pleasure, other nations to a participation of the same advantages. It is in the spirit of this intention, and to fulfil these views, that his said majesty having named and appointed for his plenipotentiary, Conrad Alexander Ger­ard, [Page 4] royal syndic of the city of Strasbourg, se­cretary of his majesty's council of state; and the united states on their part, having fully empower­ed Bejamin Franklin, deputy from the state of Pennsylvania to the general congress, and president to the Convention of the said state; Silas Deane, late deputy from the state of Connecticut to the said Congress, and Arthur Lee, counsellor at law: The said respective Plenipotentiaries, after exchanging their powers, and after mature deli­beration, have concluded and agreed upon the following articles.

Article 1. THERE shall be a firm, invio­lable and universal peace, and a true and sincere friendship between 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 of every degree, without exception of persons or places, and the terms herein aftermen­tioned, shall be perpetual between the most chris­tian king, his heirs and successors, and the said United States.

Art. 2. The most christian king and the United States engage mutual not to grant any particular favor to other nations, in respect of commerce and navigation, which shall not immediately be­come common to the other party, who shall enjoy the same favor freely if the concession was freely made, or on allowing the same compensation, if the concession was conditional.

Art. 3. The subjects of the most christian king shall pay in the ports, havens, roads, coun­tries, islands, cities or towns of the United States, [Page 5] or any of them, no other, or greater duties or imposts, of what nature soever they may be, or by what name soever called, than those which the nations most favored are or shall be obliged to pay; and they shall enjoy all the rights, liber­ties, privileges, immunities, and exemptions in trade, navigation and commerce, whether in pas­sing from one port in the said states to another, or in going to and from the same, from and to any part of the world, which the said nations do or shall enjoy.

Art. 4. The subjects, people and inhabitants of the said United States, and each of them shall not pay in the ports, havens, roads, islands, cities, and places under the denomination of his most christian majesty, in Europe, any other or greater duties or imposts, of what nature soever they may be, or by what name soever called, than those which the most favored nations are or shall be obliged to pay: and they shall enjoy all the rights, liberties, privileges, immunities, and exemptions in trade, navigation and commerce, whether in passing from one port in the said dominions in Europe, to another or in going to and from the same, from and to any part of the world, which the said nations do or shall enjoy.

Art. 5. In the above exemption is particularly comprised, the imposition of one hundred sous p [...]r ton, established in France on foreign ships, un­less when the ships of the United States shall load with the merchandize of France, for another port of the same dominion; in which case the said ships shall pay the duty above mentioned, so long as other nations the most favored shall be obliged to pay it; but it is understood, that the said United States, or any of them are at liberty, when they shall judge it proper, to establish a duty equiva­lent in the same case.

[Page 6]Art. 6. The most christian king shall endea­vor, by all 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 his countries, islands cities or towns; and to recover and restore to the right owners, their agents or attornies, all such vessels and effects which shall be taken within his jurisdic­tion—and the ships of war of his most christian ma­jesty, or any convoy 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 or violence, in the same manner as they ought to protect and defend the vessels belonging to the subjects of the most christian king.

Art. 7. In like manner the said United States and their ships of war sailing under their autho­rity, shall protect and defend, conformably to the preceding article, all the vessels and effects belonging to the subjects of the most christian king, and use all their endeavors to recover, and cause to be restored, the said vessels and effects that shall have been taken within the jurisdiction of the said United States or any of them.

Art. 8. The most christian king will employ his good offices and interposition with the king or emperor of Morocco or Fez; and the regen­cies of Algiers, Tunis, and Tripoly, or with any of them; and also with every other prince State or power of the coast of Barbary in Africa; and the subjects of the said king, emperor, states and [Page 7] powers, and each of them, in order to provide as fully and efficaciously as possible for the benefit conveniency and safety of the said United-States, and each of them, their subjects, people and in­habitants, and their vessels and effects, against all violence, insults, attacks or depredations on the part of the said princes, and states of Barba­ry, or their subjects.

Art. 9. The subjects, inhabitants, merchants, commanders of ships, masters, and mariners 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 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 tenor of this treaty, the said ship or vessel with its lading (proof being made thereof) shall be confiscated; it is however understood that the ex­clusion stipulated in the present article, shall take place only so long and so far, as the most christian king or the United States shall not in this respect have granted an exemption to some other nation.

Art. 10. The United States their citizens and inhabitants, shall never disturb the subjects of the most christain king in the enjoyment and ex­ercise of the right of fishing on the banks of New-foundland, nor in the indefinite and exclusive right which belongs to them on that part of the coast of that island which is designed by the treaty of Utrecht, nor in the right relative to all and [Page] each of the isles which belong to his most chris­tian majesty, the whole conformable to the true sense of the treaties of Utrecht and Paris.

Art. 11. The subjects and inhabitants of the said United States, or any one of them, shall not be reputed Aubains in France, and conse­quently shall be exempted from the Droit d' Au­baine, or other similar duty, under what name so­ever; they may by testiment, donation or otherwise, dispose of their goods, moveable and immove­able, in favour of such persons as to them shall seem good, and their heirs, subjects of the Uni­ted States, residing in France or elsewhere, may succeed them ab intestat, without being obliged to obtain letters of naturalization, and without hav­ing the effect of this concession contested or im­peded, under pretext of any rights or preroga­tives of provinces, cities, or private persons; and the said heirs, whether by such particular title, or ab intestat, shall be exempt from all duty called Droit de detraction, or other duty of the same kind; saving nevertheless the local rights or du­ties, as much and as long as similar ones are not established by the United States, or any of them. The subjects of the most christian king shall en­joy on their part, in all the dominions of the said States, an entire and perfect reciprocity, relative to the stipulations contained in the present article: But it is at the same time agreed, that its con­tents shall not affect the laws made, or that may be made hereafter in France, against emigrations, which shll remain in all their force and vigour; and the United Sates, on their part, or any of them, shall be at liberty to enact such laws, rela­tive to that matter, as to them shall seem proper.

Art. 12. The merchant ships of either of the parties, which shall be making into a port be­longing [Page 9] 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 shewing that her goods are not of the number of those which have been prohibited as contraband.

Art. 13. If by exhibiting of the abovesaid 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 enemy, it shall not be lawful to break up the hatches of such ship, or to open any chest, co [...]fers, 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 lading 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 alieniate the same in any manner, until that after [...] and lawful process shall have been [...]ad against such prohibited goods, and the court of admiralty shall, by a sentence pronounced, having 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 [Page 10] 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. But in case the contra­band merchandizes cannot be all received on board the vessel of the captor, then the captor may, notwithstanding the offer of delivering him the con­traband goods, carry the vessel into the nearest port, agreeable to what is above directed.

Art. 14. 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 enemies of the other, or to their subjects, the whole, although it be not of the sort of prohibited goods, may be confiscated in the same manner as if it belonged to the enemy, except such goods and merchandize 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 of either party, whether they be of the nature of such as are 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 the knowledge of it, shall no ways 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 merchandi­zes be contraband, it shall not be any ways lawful to carry them afterwards to any port belonging to the enemy. The two contracting parties agree, that the terms of two months being passed af­ter the declaration of war, their respective sub­jects from whatever part of the world they come, shall not plead the ignorance mentioned in this article.

[Page 11]Art. 15. 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 his most christian majesty 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 persons and goods.

Art. 16. All ships and merchandize of what nature 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.

Art. 17. It shall be lawful for the ships of war of either party, and privateers, freely to carry whithersoever they please, the ships and goods ta­ken from their enemies, without being obliged to pay any duty to the officers of the admiralty, or any other judges; nor shall such prizes be ar­rested or seized when they come to and enter the port of either party; nor shall the searchers or other officers of those places search the same, or make examination concerning the lawfulness of such prizes; but they may hoist sail at any time, and depart and carry their prizes to the places expressed in their commissions, which the commanders of such ships of war shall be obliged to shew: On the contrary, no shelter or refuge [Page 12] shall be given in their ports to such as shall have made prize of the subjects, people, or property of either of the parties, but if such shall come in, being forced by [...]ress [...] weather, or the danger of the sea, a [...] proper means shall be vigorously used, that they go [...]t and retire from thence as soon as possible.

Art. 18. If any ship belonging to either of the parties, their people or subjects, shall within the coasts or dominions of the [...]ther, stick upon the sands, or be [...]cked 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.

Art. 19. In case the subjects and inhabitants of either party, with their s [...]ping, whether public 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, bays, roads or ports 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 no way 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.

Art. 20. For the better promoting of com­merce on both sides, it is agreed, that if a war [Page] 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 town [...]s where they live, for selling and transporting their goods and merchandizes; 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.

Art. 21. No subject of the most christian king shall apply or take any commission or [...]etters 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 of state with which the 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 shall be at war; and if any person of either nation shall take such commission or letters of marque, he shall be punished as a pirate.

Art. 22. It shall not be lawful for any fo­reign privateer net belonging [...] the subjects of the most christian king, nor citizens of the said United States, who have commissions from any other prince or state at enmity with either nation to [...] their ships in the ports of either of the one or the other of the aforesaid parties, to sell what they have taken, or in any other manner whatso­ever, to exchange their ships, merchandizes or [Page 14] any other lading: neither shall they be allowed even to purchase victuals, except such as shall be necessary for going to the next port of that prince or state from which they have commissions.

Art. 23. 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, [...] distinction 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 lawful for the subjects and inhabitants aforesaid, to sail with the ships and merchandi­zes aforementioned, and to trade with the [...] 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 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 give a freedom to goods and that every thing shall be deemed free and exempt which shall be found on board the ships belong­ing to the subjects of either of the confederates, although, the who [...]e 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 [...]ual service of the enemies.

[Page 15]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 name of contraband or prohibited goods shall be compre­hended arms, great guns, bombs with their fuses and other things belonging to them, cannon-ball, gun-powder, match, pikes, swords, lances, spears, halberts, mortars, pedarts, grenadoes, [...], muskets, musket-balls, helmets, bucklers, brest-plates, [...]ts 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 merchandizes, which follow shall not be reckoned among contra­band or prohibited goods; that is to say, all sorts any wool, flax, and all other manufactures woven of of cloaths, silk, cotton, or any other materials whatever, all kinds of wearing apparel, together with the species whereof they are u [...]d to be made, gold and silver, as well coined as uncoined, tin, iron, latten, copper, brass, coals, as also wheat and barley, any other kind of corn or pulse, to­bacco, and likewise all manner of spices, salted and smoked flesh, salted fish, cheese and butter, beer, oil, wines, sugars, and all sorts of salts, 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 ship-masts, planks, boards and beams of what trees soever, and all other things either proper 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 sea, shall not be reputed contraband, much less [Page 16] such as have been already wrought up for any other use; all which shall be wholly reckoned among free goods 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 confederates, even to places belonging to an enemy, such towns or places being only excepted, as are at that time besieged, blocked up or invested.

Art. 25. To the end that all manner of dis­sentions 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 pas­port 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 in 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 of the same, which certificates shall be made out by the officers [...] place whence the ship set sail, in the ac­customed form; and if any one shall think it fit or [Page 17] 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 enter 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.

Art. 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 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 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 shall have shewed such passport, shall be free and at li­berty to pursue her voyage, so as it shall not be lawful 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 either 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 manifest tokens or [Page 18] 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 functions shall be regulated by a particular agreement.

Art. 30. And the more to favor and facilitate the commerce which the subjects 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 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 all which free ports the said subjects of the united states shall enjoy the use agreeable to the regulations which relate to them.

Art. 31. The present treaty shall be ratified on both sides, and the ratifications shall be ex­changed in the space of six months, or sooner if possible.

IN FAITH WHEREOF the respective Pleni­potentiaries have signed the above articles both in the French and English languages; declar­ing, nevertheless, that the present treaty was originally proposed and concluded in the French language and they have there to affixed their seals.

THE Most Christian King and the thirteen united states of North America, to wit, New-Hampshire, Massachusetts Bay, Rhode-Isl­and, Connecticut, New-York, New-Jersey, Penn­sylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, having this day concluded a Treaty of Amity and Commerce, for the reciprocal advantage of their subjects and citizens, have thought it ne­cessary to take into consideration the means of strengthening those engagements, and of ren­dering them useful to the safety and tranquility of the two parties; particularly in case Great Bri­tain, in resentment of that connection, and of the good correspondence, which is the object of the said treaty, should break the peace with France, either by direct hostilities, or by hinder­ing her commerce and navigation in a manner contrary to the rights of nations, and the peace subsisting between the two crowns. And his ma­jesty and the said united states having resolved in that case, to join their councils and efforts against tht enterprizes of their common enemy.

[Page 20]The respective plenipotentiaries empowered to concert the clauses and conditions proper [...] ful­fil the said intentions, have, after the most ma­ture deliberation, concluded and determined on the following articles.

ARTICLE 1.

IF war should break out between France and Great Britain, during the continuance of the present war between the united states and Eng­land, his majesty and the said united states shall make it a common cause, and aid each other mu­tually with their good offices, their counsels and their forces according to the exigencies of con­junctures, as becomes good and faithful allies.

Art. 2. The essential and direct end of the present defensive alliance is, to maintain effectu­ally, the liberty, sovereignty and independence absolute and unlimited of the said united states, as well in matters of government as of com­merce.

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

Art. 4. The contracting parties agree, that if either of them should form any particular enter­prize in which the concurrence of the other may be desired, the party whose concurrence is desired, shall readily and with good faith join to act in concert for that purpose, as far as circum­stances and its own particular situation will per­mit, and in that case, they shall regulate by a particular convention, the quantity and kind of succour to be furnished, and the time and man­ner [Page 21] of its being brought into action, as well as the advantages which are to be its compensation.

Art. 5. If the united states should think [...]it to attempt the reduction of the British power, re­maining in the northern parts of America, or the islands of Bermudas, those countries or islands in case of success, shall be confederated with, or dependent upon the said United States.

Art, 6. The most christian king renounces forever the possession of the islands of Bermudas, as well as of any part of the continent of north America, 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 most christian majesty shall think proper to attack any of the islands situated in the Gulph of Mexico, or near that Gulph which are at present under the power of Great Britain all the said isles in case of success, shall appertain to the crown of France.

Art. 8. Neither of the two parties shall con­clude either truce or peace with Great Britain, without the formal consent of the other first ob­tained; and they mutually engage not to lay down their arms, until the independence of the United States shall have been formally or tacitly assured, by the treaty or treaties that shall terminate the war.

Art. 9. The contracting parties declare, that being resolved to fulfil each on its own part, the clauses and conditions of the present treaty of alliance, according to its own power and circum­stances, there shall be no after claim of compen­sation, [Page 22] on one side, or the other, whatever may be the event of the war.

Art. 10. The most christian king and the United States, agree, to invite or admit other powers, who may have received injuries from England to make common cause with them, and to accede to the present alliance under such con­ditions as shall be freely agreed to, and settled between all the parties.

Art. 11. The two parties guarantee mutually from the present time and forever, against all other powers, to wit, the United States to his Most christian majesty, the present possessions of the crown of France in America, as well as those which it may acquire by the future treaty of peace; and his most christian majesty guar­antees on his part to the United States, their li­berty sovereignty and independence, absolute and unlimited, as well in matters of government as commerce, and all their possessions, and the ad­ditions, or conquests, that their confederation may obtain during the war, from any of the do­minions now or heretofore possessed by Great Bri­tain in North America; conformable to the fifth and hath articles above written, the whole as their possession shall be fixed and assured to the said states, at the moment of the cessation of their present war with England.

Art. 12. In order to fix more precisely the sense and application of the preceding article, the con­tracting parties declare, that in case of a rupture between France and England, the reciprocal gua­rantee declared in the said article, shall have its full force and effect, the moment such war shall break out; and if such rupture shall not take place, the natural obligations of the said guaran­tee, shall not commence until the moment of the [Page 23] cessation of the present war, between the United States and England, shall have ascertained their possessions.

Art. 13. The present treaty shall be ratified on both sides, and the ratifications shall be exchanged in the space of [...] months, or sooner, if possible.

IN FAITH WHEREOF the respective Plenipotentia­ries, to wit, on the part of the most christian king, Conrad [...]nder Gerard, Royal Syndic of the city of Strasbourg, and secretary of his Majesty's cou [...] of state [...] and on the part of the United States, Benjamin Franklin deputy to the general Congress from the state of Penn­sylvania, and president to the convention of said state; Silas Deane, heretofore deputy from the state of Connecticut; and Arthur Lee, coun­sellor at law, 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 hereunto af­fixed their seals.

THEIR High Mightinesses the States-Gene­ral of the United Netherlands, and the Uni­ted States of America, to wit, New-Hampshire, Massachusetts, Rhode-Island and Providence plan­tations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, desiring to ascertain, in a permanent and equita­ble manner, the rules to be observed, relative to the commerce and correspondence which they in­tend to establish between their respctive states, countries and inhabitants, have judged that the said end cannot be better obtained, than by esta­blishing the most perfect equality and reciprocity for the basis of their agreement, and by avoiding all those burthensome preferences which are usu­ally the sources of debate, embarrassment and dis­content; by leaving also each party at liberty to make, respecting commerce and navigation, such ulterior regulations as it shall find most conveni­ent [Page 27] to itself, and by founding the advantages of commerce solely upon reciprocal utility, and the just rules of free intercourse, reserving withal, to each party, the liberty of admitting at its plea­sure, other nations to a participation of the same advantages.

On these principles their High Mightinesses the States General of the United Netherlands, have named for their Plenipotentiaries, from the midst of their assembly, Messi [...]urs their deputies for the fo­reign affairs; and the said United States of Ame­rica, on their part, have furnished with full pow­ers, Mr. John Adams, late Commissioner of the United States of America at the court of Versail­les, heretofore delegate in Congress from the State of Massachusetts-Bay, and Chief Justice of the said State; who have agreed and concluded as follows, to wit:

Art. 1. There shall be a firm, inviolable and universal peace and sincere friendship between their High Mightinesses, the Lords, the States General of the United Netherlands, and the United States of America; and between the sub­jects and inhabitants of the said parties, and be­tween the countries, islands, cities and places, situated under the jurisdiction of the said United Netherlands and the said United States of Ame­rica, their subjects and inhabitants of every de­gree, without exception of persons or places.

Art. 2. The said subjects of the States-General of the United Netherlands, shall pay in the ports, havens, roads, countries, islands, cities or places of the United States of America, or any of them no other nor greater duties or imposts, of what­ever nature or denomination they may be, than those which the nations the most favoured are or shall be obliged to pay; and they shall enjoy all [Page 28] the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce which the said nations do, or shall enjoy, whe­ther in passing from one port to another in the said states, or in going from any of those ports to any foreign port of the world, or from any foreign port of the world to any of those ports.

Art. 3. The subjects and inhabitants of the said United States of America, shall pay in the ports, havens, roads, countries, islands, cities or places of the said United Netherlands, or any of them, no other nor greater duties or imposts of whatever nature or denomination they may be, than these which the nations the most favoured are or shall be obliged to pay; and they shall en­joy all the rights, liberties, privileges, immuni­ties and exemptions in trade, navigation and commerce, which the said nations do or shall enjoy, whether in passing from one port to ano­ther in the said states, or from any one towards any one of those ports, from or to any foreign port of the world: And the United States of America with their subjects and inhabitants, shall leave to those of their High Mightinesses, the peaceable enjoyment of their rights in the countries, islands and seas in the East and West-Indies, without any hindrance or molestation.

Art. 4. There shall be an entire and perfect liberty of conscience allowed to the subjects and inhabitants of each party and to their families, and no one shall be molested in regard to his worship, provided he submits as to the public demonstration of it, to the laws of the country: There shall be given moreover liberty, when any subjects or inhabitants of either party shall die in the territory of the other to bury them in the usual burying places, or in decent and convenient [Page 29] grounds to be appointed for that purpose, as oc­casion shall require: And the dead bodies of those who are buried, shall not in any wise be molested. And the two contracting parties shall provide each one in his jurisdiction, that their respective subjects and inhabitants may henceforward obtain the requisite certificates in cases of deaths in which they shall be interested.

Art. 5. Their High Mightinesses the States-General of the United Netherlands, and the Uni­ted States of America shall endeavour, by all the means in their power, to defend and pro­tect all vessels and other effects belonging to their subjects and inhabitants respectively, or to any of them, in their ports, roads, havens, in­ternal seas, passes, rivers, and as far as their ju­risdiction extends at sea, and to recover and cause to be restored to the true proprietors, their agents or attornies, all such vessels and effects, which shall be taken under their jurisdiction: and their vessels of war, and convoys, in cases when they may have a common enemy, shall take un­der their protection all the vessels, belonging to the subjects and inhabitants of either party, which shall not be laden with contraband goods, accor­ding to the description which shall be made of them hereafter, for places with which one of the parties is in the peace, and the other at war, nor destined for any place blocked, and which shall hold the same course or follow the same route; and they shall defend such vessels as long as they shall hold the same course or follow the same route, against all attacks, force and violence of the common enemy, in the same manner as they ought to protect and defend the vessels belonging to their own respective subjects.

Art. 6. The subjects of the contracting par­ties [Page 30] may on one side and on the other, in the re­spective countries and states, dispose of their ef­fects by testament, donation, or otherwise; and their heirs, subjects of one of the parties, and re­siding in the country of the other, or elsewhere, shall all receive such succession even ab intestato, whether in person or by their attorney or substi­tute, even although they shall not have obtained [...]etters of naturalization, without having the ef­fect of such commission contested under pretext of any right or prerogatives of any province, city or private person; and if the heirs, to whom such succession may have fallen, shall be minors, the tutors, or curators, established by the judge domiciliary, of the said minors, may govern, di­rect, administer, sell, and alienate the effects falling to the said minors, by inheritance, and in general in relation to the successions and effects, use all the rights and fulfil all the functions, which belong by the disposition of the laws, to guardians, tutors, and curators: Provided never­theless, that this disposition cannot take place, but in cases where the testator shall not have named guardians, tutors, curators by testament, codicil, or other legal instrument.

Art. 7. It shall be lawful and free for the sub­jects of each party, to employ such advocates, attornies, notaries, solicitors or factors, as they shall judge proper.

Art. 8. Merchants, masters and owners of ships, mariners, men of all kinds, ships and vessels, and all merchandizes, and goods in gene­ral, of one of the confederates, or of the sub­jects thereof, shall not be seized or detained in any of the countres, lands, islands, cities, places, ports, [...], or dominations whatever of the o­ther confederates, for any military expedition, [Page 31] public or private use of any one, by arrests, vio­lence, or any colour thereof: Much less shall it be permitted to the subjects of either party, to take or extort by force, any thing from the sub­jects of the other party, without the consent of the owner: Which however is not to be under­stood of seizures, detentions and arrests, which shall be made by the command and authority of justice, and by the ordinary methods on account of debts or crimes, in respect whereof, the pro­ceedings must be, by way of law according to the forms of justice.

Art. 9. It is further agreed and concluded, that it shall be who [...] free for all merchants, commanders of ships and other subjects and in­habitants of the contracting parties, in every place subjected to the jurisdiction of the two pow­ers respectively, to manage themselves, their own business: And moreover as to the use of interpre­ters or brokers, as also in relation to the load­ing or unloading of their vessels, and ever [...] thing which as relation thereto, they shall be, on one side and on the other, considered and [...]eated up­on the footing of natural subjects, o [...] at least up­on an equality with the most favoured nation.

Art. 10. The merchant ships of either of the parties coming from the port of an enemy, or from their own or a neutral port, may navigate freely towards any port of an enemy of the other ally: They shall be nevertheless held, whenever it shall be required, to exhibit, as well upon the high seas as in the ports, their sea-letters and other documents, described in the twenty-fifth article, stating expressly that their effects are not of the number of those, which are prohibited as con­traband: and not having any contraband goods, for an enemy's port, they may freely and with­out [Page 32] hindrance, pursue their voyage towards the port of an enemy. Nevertheless it shall not be required to examine the papers of vessels convoy­ed by vessels of war, but credence shall be given to the word of the officer, who shall conduct the convoy.

Art. 11. If by exhibiting the sea-letters, and other documents described more particularly in the twenty fifth article of this treaty, the other party shall discover there are any of those sorts of goods, which are declared prohibited and contra­band, and that they are consigned for a port un­der the obedience of his enemy, it shall not be lawful to break up the hatches of such ship, or to open any chest, coffers, packs, casks, or other vessel found therein, or to remove the smallest parcel of her goods, whether the said vessel belongs to the subjects of their High Mightinesses the States General of the United Netherlands, or to the subjects or inhabitants of the said United States of America, unless the lading be brought on shore, in presence of the officers of the Court of the Admi­ralty, and an inventory thereof made, but there shall be no allowance to sell, exchange, or alienate the same until after that due and lawful process shall have been had against such prohibited goods or contraband, and the Court of Admiralty by a sentence pronounced shall have confiscated the same, saving always as well as the ship itself as any other good found therein, which are to be e­steemed free, and may not be detained on pre­tence of their being infected by the prohibited goods, much less shall they be confiscated as law­ful prize: But on the contrary when by the visi­tation at land, it shall be found there are no contraband goods in the vessel, and it shall not appear by the papers that he who has taken and [Page 33] carried in the vessel, has been able to discover any there, he ought to be condemned in all the charges, damages and interest of them, which he shall have caused both to the owner of such ves­sels and to the owners and freighters of cargoes, with which they shall be loaded, by his demerity in taking and carrying them in, declaring most expressly the free vessels shall assure the liberty of the effects with which they shall be loaded, and that this liberty shall extend itself equally to the persons who shall be found in a free vessel, who may not be taken out of her, unless they are mi­litary men, actually in the service of an enemy.

Art. 12. On the contrary, it is agreed, whate­ver shall be found to be laden by the subjects and inhabitants of either party, on any ship belonging to th [...]e enemies of the other, or to their subjects, although it be not comprehended under the sort of prohibited goods, the whole may be confiscat­ed in the same manner as if it belonged to the enemy, except nevertheless such effects and mer­chandize, as were put on board such vessel, be­fore the declaration of war or in the space of six months after it, which effects shall not be in any manner subject to confiscation, but shall be faith­fully and without delay restored in nature to the owners, who shall claim them, or cause them to be claimed, before the confiscation and sale, as also their proceeds, if the claim could not be made but in the space of eight months, after the sale, which ought to be public; provided never­theless, that if the said merchandizes are contra­band, it shall by no means be lawful to transport them afterwards to any port belonging to ene­mies.

A [...]T. 13. And that more effectual care may be taken for security of subjects and people [Page 34] of either party, that they do not suffer molestation from the vessels of war, or privateers of the o­ther party, it shall be forbidden to all comman­ders of vessels of war, and other armed vessels of the said States-General of the United Nether­lands, and the said United States of America, as well as to all their officers, subjects and people, to give any offence or do any damage to those of the other party: and if they act to the contrary, they shall be upon the first complaint which shall be made of it, being found guilty after a just ex­amination, punished by their proper judges, andr moreover obliged to make satisfaction for all da­mages and interests thereof, by reparation, unde­pain and obligation of their persons and goods.

Art. 14. For further determining of what has been said, all captains of privateers, or [...]itters out of vessels armed for war under commission, and on account of private persons shall be held be­fore their departure, to give sufficient caution be­fore competent judges, either to be responsible for the [...]alversations which they may commit in their cruizes or voyages, as well as for the con­traventions of their captains and officers, against the present treaty, and against the ordinances and edicts which shal1 be published in consequence of, and conformity to it, under pain of forfeiture and nullity of the said commission.

Art. 15. All vessels and merchandizes of what­soever nature, which shall be rescued out of the hands of any pirates or robbers, navigating the high seas, without requisite commissions, shall be brought into some port of one of the two states, and deposited in the hands 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.

[Page 35]Art. 16. If any ships or vessels belonging to either of the parties, their subjects or people shall within the coasts or dominions of the other, stick upon the sands or be wrecked, or suffer any sea damage, all friendly assistance and relief shall be given to the persons shipwrecked, or such as shall be in danger thereof; and the vessels, effects and merchandizes, or the part of them which shall have been saved, or the proceeds of them, if being perishable they shall have been sold, be­ing claimed within a year and a day, by the mas­ters, or owners, or their agents or attornies, shall be restored, paying only the reasonable charges; and that which must be paid in the same case, for the salvage, by the proper subjects of the country: there shall also be delivered them safe conducts or passports, for their free and safe pas­sage from thence, and return each one to his own country.

Art. 17. In case the subjects or people of ei­ther party with their shipping, whether public 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, ports, roads or shores belonging to the other party, they shall be received 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 they shall no ways be detained or hindred from returning out of the said ports or roads, but may remove and depart when and whither they please, without any let or hindrance.

[Page 36]Art. 18. For the better promoting of com­merce on both sides, it is agreed, that if a war should break out between their high Mightinesses the States General of the United Netherlands and the United States of America, there shall al­ways be granted to the subjects on each side, the term of nine months, after the date of the rup­ture o [...] the proclamation of war; to the end that they may retire with their effects, and transport them where they please; which it shall be lawful for them to do, as well as to sell or transport their effects and goods in all freedom, and without any hindrance, and without being able to proceed du­ring the said term of nine months, to any arrest of their effects, much less of their persons; on the contrary; there shall be given them, for their vessels and their effects which they would carry away, passports and safe conducts, for the near­est ports of their respective countries; and for the time necessary for the voyage, and no prize made at sea, shall be adjudged lawful, at least if the declaration of war was not or could not be known, in the last port, which the vessel ta­ken has quitted. But for whatever may have been taken from the subjects and inhabitants of either party, and for the offences which may have been given them, in the interval of the said terms, a complete satisfaction shall be given them.

Art. 19. No subjects of their High Mighti­nesses the States-General of the United Nether­lands, shall apply for, or take any commissions or letters of marque for arming any ship or ships to act as privateers, against the said United States of America or any of them, or the subjects and inhabitants of the said United States or any of them, or against the property of the inhabitants of any of them, from any prince or state with [Page 37] which the said United States of America may happen to be at war; nor shall any subject or in­habitant of the said United States of America 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 High and Mighty Lords, the States General of the United Nether­lands, or against the subjects of their high Migh­tinesses, or any of them, or against the property of any one of them, from any prince or state with which their high mightinesses may be at war: And if any person of either nation shall take such commission or letters of marque he shall be pun­ished as a pirate.

Art. 20. If the vessels of the subjects or inhabitants of one of the parties, come 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, or take in any cargo they shall not be obliged to pay neither for the vessels, nor the cargoes, any duties of entry in or out, nor to ren­der any account of their cargoes, at least if there is not just cause to presume, that they carry to an enemy merchandizes of contraband.

Art. 21. The two contracting parties grant to each other mutually, the liberty of having each in the ports of the other, consuls, vice-con­suls, agents, and commissaries, of their own ap­pointing, whose functions shall be regulated by particular agreement, whenever either party chuse to make such appointments.

Art. 22. This treaty shall not be understood in any manner to derogate from the ninth, tenth, nineteenth and twenty-fourth articles of the trea­ty with France, as they were numbered in the same treaty concluded the 6th of February, [Page 38] 1778, and which makes the articles ninth, tenth, seventeenth, and twenty-second of the treaty of commerce now subsisting between the United States of America and the crown of France; nor shall it hinder his catholic majesty from acceding to that treaty, and enjoying the advantages of the said four articles.

Art. 23. If at any time the United States of America, shall judge necessary to commence ne­gociations with the king or emperor of Morocco and Fez, and the Regencies of Algiers, Tunis or Tripoli, or with any of them to obtain pass­ports for the security of their navigation in the Mediterranean sea; their high mightinesses pro­mise that upon the requisition which the United States of America shall make of it, they will se­cond such negociations in the most favorable man­ner by means of their consuls residing near the said king, emperor and regencies.

Art. 24. The liberty of navigation and com­merce shall extend to all sorts of merchandizes, excepting only those which are distinguished under the name of contraband or merchandizes prohi­bited: and under this denomination of contra­band and merchandizes prohibited shall be com­prehended only warlike stores and arms, as mor­tars, artillery with their artifices and appurtenan­ces, fusils, pistols, bombs, grenades, gun-pow­der, salt-petre, sulpher, match, bullets, and balls, pikes, sabres, lances, halberts, casques, cutlasses, and other sort of arms, as also soldiers, horses saddles, and furniture for horses. All o­ther effects and merchandizes, not before speci­fied expressly, and even all sorts of naval matters, however proper they may be for the construction and equipment of vessels of war, or for the ma­nufacture of one or another sort of machines of [Page 39] war, by land or sea, shall not be judged contra­band, neither by the letter, nor according to any pretended interpretation, whatever, ought they, or can they be comprehended, under the notion of effects prohibited or contraband. So that all effects and merchandizes, which are not expressly before named, may without any exception, and in perfect liberty be transported by the subjects and inhabitants of both allies, from and to places belonging to the enemy, excepting only the pla­ces which at the same time shall be besieged, blocked or invested, and those places only shall be held for such, which are surrounded nearly by some of the belligerent powers.

Art. 25. To the end that all dissention and quarrel may be avoided and prevented, it has been agreed, that in case one of the two parties happens to be at war, the vessels belonging to the subjects or inhabitants of the other ally, [...] be provided with sea letters or passports, expres­sing the name, the property and the burthen of the vessel, as also the name and the place of abode of the master or commander of the said vessel, to the end, that thereby it may appear, that the ves­sel really and truly belongs to the subjects or in­habitants of one of the parties; which passports shall be drawn and distributed according to the form anexed to this treaty; each time that the ves­sel shall return, she should have such her passort renewed, or at least they ought not to be of more ancient date than two years, before the vessel has been returned to her own country.

It has also been agreed that such vessels, being loaded ought to be provided not only with the said passports or sea-letters, but also with a gene­ral passport, or with particular passports or mani­fests, or other public documents, which are ordi­narily [Page 40] given to vessels outward bound, in the ports from whence the vessels have set sail in the last place, containing a specification of the car­go, of the place from whence the vessel departed, and of that of her destination; or instead of all these, with certificates from the magistrates or governors, of cities places and colonies, from whence the vessel came given in the usual form, to the end that it may be known whether there are any effects prohibited or contraband on board the vessels, and whether they are destined to be carried to an enemy's country or not. And in case any one judges proper, to express in the said documents, the persons to whom the ef­fects on board belong, he may do it freely with­out however, being bound to do it; and the o­mission of such expressions connot and ought not to cause a confiscation.

Art. 26. If the vessels of the said subjects, or inhabitants of either of the parties, failing a­long the coast or on the high seas, are met by a vessel of war or privateer, or other armed vessels of the other party, the said vessels of war, priva­teers or armed vessels for avoiding all disorder, shall remain without the reach of cannon, but may send their boats on board the merchant ves­sel which they shall meet in this manner, upon which they may not pass more than two or three men to whom the master or commander shall exhibit his passport concerning the property of the vessel according to the form annexed to this treaty; and the vessel, after having exhibited such a pass­port, sea-letter and other documents, shall be free to continue her voyage, so that it shall not be lawful to molest her, or search her in any man­ner, nor to give her chase, nor to force her to alter her course.

[Page 41]Art. 27. It shall be lawful for merchants, cap­tains and commanders of vessels, whether public, and of war, or private and of merchants, belong­ing to the said United States of America, or any of them, or to their subjects and inhabitants, to take freely into their service, and receive on board their vessels, in any port or place in the jurisdiction of their High Mightinesses aforesaid, seamen or others, natives or inhabitants of any of the said states upon such condition as they shall agree on, without being subject for this to any fine, penalty, punishment, process or re­prehension whatever: And reciprocally, all mer­chants, captains and commanders, belonging to the said United Netherlands, shall enjoy in all the ports and places under the obedience of the said United States of America, the same privilege of engaging and receiving seamen, or others natives or inhabitants of any country or the domination of the said States-General; provided, that neither on one side nor the other, they may not take in­to their service such of their countrymen who have already engaged in the service of the other party contracting, whether in war or trade, and whether they meet them by land or sea; at least if the captains or masters, under the command of whom such persons may he found, will not of his own consent, discharge them from the service, upon pain of being otherwise treated and punished as deserters.

Art. 28. The affair of refraction shall be re­gulated in all equity and justice, by the Magis­trates of cities respectively, where it shall be judged that there is any room to complain in this respect.

Art. 29. The present treaty shall be ratified and approved of by their High Mightinesses the [Page 42] States-General of the United Netherlands, and by the United States of America, and the acts of ratification shall be delivered in good and due form on one side and on the other, in the space of six months, or sooner if possible, to be computed from the day of the signature.

In faith of which, we the Deputies and Plenipo­tentiaries of the Lords the States-General of the United Netherlands, and the Minister Pleni­potentiary of the United States of America, in virtue of our respective authorities and full pow­ers have signed the present Treaty, and oppose thereto the seals of our arms.

Done at the Hague, the 8th of October, 1782.

IT Having pleased the Divine Providence to dispose the hearts of the Most Serene and Most Potent Prince George the Third, by the Grace of God, King of Great Britain, France, and Ireland, Defender of the Faith, Duke of Brunswick and Lunenbourgh, Arch Treasurer and Prince Elector of the Holy Roman Empire, &c. and of the United States of America, to forget all misunderstandings and differences that have unhappily interrupted the good correspon­dence and friendship which they mutually wish to restore, and to establish such a beneficial and sa­tisfactory intercourse between the two countries, upon the ground of reciprocal advantages and mutu­al convenience, as may promote and secure to both perpetual peace and harmony: and having for this desirable and already laid the foundation of peace and reconciliation, by the Provisional Ar­ticles signed at Paris on the 30th November, 1782, by the Commissioners empowered on each part, which articles were agreed to be inserted in, and to constitute the Treaty of Peace proposed to be concluded between the Crown of Great Britain and the said United States, but which Treaty was not to be concluded until the terms of peace should be agreed upon between Great Britain and France, and his Britannic Majesty should be rea­dy to conclude such treaty accordingly; and the treaty between Great Britain and France having since been concluded, his Britannic Majesty and the United States of America, in order to carry into full effect the Provisional Articles above mentioned according to the tenure thereof, have [Page 62] constituted and appointed, that is to say, his Bri­tannic Majesty on his part, David Hartly, Esq Member of the Parliament of Great Britain, and the said United States on their part, John Adams Esq late a Commissioner of the United States of America at the Court of Versailles, late Dele­gate in Congress from the state of Massachusetts, and Chief Justice of the said state, and Minister Plenipotentiary of the said United States, to their High Mightinesses the States-General of the United Netherlands; Benjamin Franklin, Esq late derogate in Congress from the state of Pennsylvania, President of the convention of the said state, and Minister Plenipotentiary from the United States of America, at the Court of Ver­sailles; and John Jay, Esq late President of Con­gress, chief justice of the state of New-York, and Minister Plenipotentiary from the said United States at the Court of Madrid, to be the Plenipo­tentiaries for the concluding and signing the present Definitive Treaty: who after having reci­procally communicated their respective full pow­ers, have agreed upon and confirmed the follow­ing articles▪

1. His Britannic Majesty acknowledges the said United States, viz. New Hampshire, Mas­sachusetts Bay, Rhode-Island and Providence Plantations, Connecticut, New-Jersey, Pennsyl­vania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, to be Free, Sovereign and independent States; that he treats with them as such, and [...]or himself, his heirs and successors, relin [...]uishes all claims to the go­vernment, property, and territori [...]l rights of the same, and every part thereof.

Art. 2. And that all disputes which might arise in future, on the subject of the boundaries [Page 63] of the said United States, may be prevented, it is hereby agreed, and declared, that the following are and shall be their boundaries, viz▪ From the north-west angle of Nova-Scotia, viz. that angle which is formed by a line drawn due north from the source of St. Croix river to the Highlands, along the said Highlands, which divide those ri­vers that empty themselves into the riv [...] St. Lawrence, from those which fall into the Atlan­tic ocean, to the north-westermost head of Con­necticut river: thence down along the middle of that river to the forty-fifth degree of north alti­tude; from thence by a line due west on said la­titude, until it strikes the river [...]riq [...]ois or Ca [...]a­raqui; thence along the middle of the said river into lake Ontario; through the middle of the said lake, until it strikes the communication by water between that lake and lake Erie; thence along the middle of said communication into lake Erie, through the middle of said lake, until it arrives at the water communication between that lake and lake Hur [...]n, thence through the middle of said lake to the water communication between that lake and lake Superior; thence through lake [...]uper or northward of the Isles Royal and Philippea [...] to the long lake; thence through the middle of said long lake and the water communication between it and the lake of the Woods, to the said lake of the Woods; thence through the said lake to the most north western point thereof, a [...] [...]om thence on a due west course to the river Mississippi; thence by a line to be drawn along the middle of the said River Mississippi until it shall intersect the northernmost part of the thirty-first degree of north latitude. South by a line to be drawn due east from the determination of the line last men­tioned in the latitude of thirty-one degrees north [Page 64] of the Equator, to the middle of the river A­palachicola or Catahouche; thence along the middle thereof to its junction with the said river; thence strait to the head of St. Mary's river;—and thence down along the middle of St. Mary's river to the Atlantic ocean. [...]ll by a line to be drawn along the middle of the river St. Croix from its mouth in the Bay of Fundy to its source and from its source directly north to the aforesaid Highlands, which divide the rivers that fall into the Atlantic ocean from those which fall into the river St. Lawrence, comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the afore­said boundaries between Nova-Scotia on the one part, and East Florida on the other, shall respec­tively touch the Bay of Fundy and the Atlantic ocean, excepting such islands as now or are here­tofore have been within the limits of the said province of Nova-Scotia.

Art. 3. It is agreed that the people of the United States shall continue to enjoy unmolested the right to take fish of every kind on the Grand Bank, and on all the other banks of Newfound­land, also in the Gulph of St. Lawrence, and all other places in the sea, where the inhabitants of both countries used at any time heretofore to fish. And also that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of Newfoundland, as British fishermen shall use (but not to dry [...] the same on that island) and also on the coasts, bays and creeks of all others of his Britannic Majesty's dominions in America; and that the A­merican fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours [Page 65] and creeks of Nova-Scotia, Magdalen Islands and Labrador so long as the same shall remain un­settled; but so soon as the same or either of them shall be settled, it shall not be lawful for the said fishermen to dry o [...] cure fish at such settlement, without a previous agreement for that purpose, wit [...] the inhabitants, proprietors or possessors of the ground.

Art. 4. It is agreed that the creditors on either side shall meet with no lawful impediment to the recovery of the full value in sterling money, of all bona fide debts heretofore contracted.

Art. 5. It is agreed that Congress shall ear­nestly recommend it to the legislatures of the re­spective states, to provide for the restitution of all estates rights and properties which have been confiscated, belonging to the real British subjects—and also of the estates, rights and properties of persons resident in districts in the possession of his majesty's arms, and who have not borne arms against the United States; and that persons of any other description shall have free liberty to go to any part or parts of the Thirteen United States, and therein to remain twelve months un­molested [...] their endeavors to obtain the restitu­tion of such of their estates, rights and properties, as may have been confiscated; and that con­gress shall earnestly recommend to the several states, a reconsideration and revision of all act or laws regarding the premises, so as to render the said laws or acts perfectly consistent, not on­ly with justice and equity, but with that spirit of [...]ciliation, which on the return of the blessings of peace, should universally prevail: And that Congress shall earnestly recommend to the s [...]vof­ral states, that the estates, rights and properties to such last mentioned persons shall be restored to [Page 66] them, they refunding to any persons, who may be now in possession, the bona fide price (where any has been given) which such persons may have paid on purchasing any of the said lands, rights, or properties since the confiscation.

And it is agreed that all persons who have any interest in confiscated lands, eiher by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.

Art. 6. That there shall be no future confisca­tions made, nor any prosecutions commenced a­gainst any person or persons for, or by reason of the part which he or they may have taken in the present war; and that no person shall, on that ac­count, suffer [...] future loss or damage, either in his person, liberty or property; and that those who may be in confinement on such char­ges, at the time of the ratification of the Treaty in America, shall be immediately set at liberty, and the prosecutions so commenced be disconti­nued.

Art. 7. There shall be a firm and perpetual peace between his Britannic Majesty and the said states, and between the subjects of the one and the citizens of the other; wherefore all hostilities both by sea and land shall from henceforth cease; all prisoners on both sides shall be set at liberty; and his Britannic majesty shall, with all conve­nient speed, and without causing any destruction or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, and fleets from the said United States, and from every post, place and harbour within the same, leaving in all fortifications the Ameri­can artillery that may be therein, and shall also order and cause all archives, records, deeds, and [Page 67] papers belonging to any of the said states, or their citizens, which in the course of the war may have fallen into the hands of his officers, to be forewith restored, and delivered to the proper state and persons to whom they belong.

Art. 8. The navigation of the river Mississip­pi, from its source to the ocean, shall forever re­main free and open to the subjects of Great Bri­tain, and the citizens of the United States.

Art. 9. In case that it should happen that any place or territory belonging to Great Britain, or to the United States should have been conquered by the arms of either from the other, before the arrival of the said Provisional articles in America, it is agreed that the same shall be restored with­out difficulty, and without requiring any compen­sation.

Art. 10. The solemn ratifications of the pre­sent treaty, expedited in good and due form, shall be exchanged between the contracting parties in the space of six months, or sooner if possible, to be computed from the day of the signature of the present treaty. In witness whereof we the under­signed, their Ministers Plenipotentiary, have in their name, and in virtue of our full powers, signed with our hands the present Definitive trea­ty, and caused the seals of our arms to be affixed thereto.

By their President, with the advice and consent of their Senate.

HIS Britannic Majesty and the United States of America, being desirous by a Treaty of Amity, Commerce and Navigation, to terminate their differences in such a manner, as without refer­ence to the merits of their respective complaints and pretensions, may be the best calculated to produce mutual satisfaction and good understan­ding: And also to regulate the Commerce and Navigation between their respective countries, territories, and people, in such a manner as to render the same reciprocally beneficial and satis­factory: they have, respectively, named their Plenipotentiaries, and given them full powers to treat of, and conclude the said Treaty, that is to say, his Britannic Majesty has named for his Plenipotentiary, the Right Hon. Wm. Wynd­ham Baron Grenville of Wotton, one of his Majesty's Privy Council, and his Majesty's Prin­cipal Secretary of State for Foreign Affairs; and the President of the said United States, by and with the advice and consent of the Senate thereof, hath appointed for their Plenipotentiary, the Hon. John Jay, Chief Justice of the said United States, and their Envoy Extraordinary his Majesty, who have agreed on, and concluded the following