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Time of meeting

Oath.

thus occasioned. The commissioners so named shall meet in the city of Guayaquil within ninety days from the exchange of the ratifications of this convention, and before proceeding to business shall make solemn oath that they will carefully examine and impartially decide according to justice, and in compliance with the provisions of this convention, all claims that shall be submitted to them; and such oath shall be entered on the record of their proceedings.

The commissioners shall then proceed to name an arbitrator or umpire, to decide upon any case or cases concerning which they may disagree, or upon any point of difference which

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Umpire

may arise in the course of their proceedings. And if they cannot agree in the selection, the umpire shall be appointed by her Britannic Majesty's Chargé d'Affaires, or (excepting the Minister Resident of the United States) by any other diplomatic agent in Quito whom the two high contracting parties shall invite to make such appointment.

ARTICLE II.

Examination

of

The arbitator or umpire being appointed, the commissioners shall, without delay, proceed to examine the claims which may be presented to them by either of the two Governments; and aims. they shall hear, if required, one person in behalf of each Government on every separate claim. Each Government shall furnish, upon request of either commissioner, such papers in its possession nished. as may be deemed important to the just determination of any claim or claims.

Papers to be fur

Amounts to be paid,

In cases where they agree to award an indemnity, they shall determine the amount to be paid. In cases in which said commissioners cannot agree, the points of difference shall be referred to the umpire, before whom each of the commissioners may be heard, and whose decision shall be final.

ARTICLE III.

Certificates

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The commissioners shall issue certificates of the sums to be paid to the claimants, respectively, whether by virtue of the awards agreed to between themselves or of those made by the um- amounts awarded. pire; and the aggregate amount of all sums decreed by the commissioners, and of all sums accruing from awards made by the umpire under the authority conferred by the fifth article, shall be paid to the Government to which the respective claimants belong. Payment of said sums shall be made in equal annual instalments, to be completed within nine years from the date of the termination of the labors of the commission, the first payment to be made six months after the same date. To meet these payments both Governments pledge the revenues of their respective nations.

ARTICLE IV.

The commission shall terminate its labors in twelve months from the date of its organization. They shall keep a record of their proceedings, and may appoint a secretary versed in the knowledge of the English and Spanish languages.

Payment.

Revenues pledged.

End of commission

Secretary.

ARTICLE V.

Proceedings to be conclusive as pending claims.

Claims to be presented while commission exists.

Duty of umpire as to certain cases.

The proceedings of this commission shall be final and conclusive with respect to all pending claims. Claims which shall not to be presented to the commission within the twelve months it remains in existence will be disregarded by both Governments, and considered invalid. In the event that, upon the termination of the labors of said commission, any case or . cases should be pending before the umpire, and awaiting his decision, said umpire is hereby authorized to make his decision or award in such case or cases, and his certificate thereof in each case, transmitted to each of the two Governments, shall be held to be binding and conclusive: Provided, however, That his decision shall be given within thirty days from the termination of the labors of the commission, at the expiration of which thirty days his power and authority shall cease.

ARTICLE VI.

Each Government shall pay its own commissioner; but the umpire, as well as the incidental expenses of the commission, shall be paid one-half by the United States and the other half by Ecuador.

Pay of commissioners and of the umpire.

ARTICLE VII.

The present convention shall be ratified and the ratifications exchanged in the city of Quito.

In faith whereof, we, the respective Plenipotentiaries, have signed this convention and hereunto affixed our seals, in the city of Guayaquil, this twenty-fifth day of November, in the year of our Lord 1862.

[L. S.

F. HASSAUREK.
JUAN JOSÉ FLORES. L. S.

FRANCE.

FRANCE, 1778.

[An act of Congress approved July 7, 1798, (1 Statutes at Large, 578,) declared "that the United States are of right freed and exonerated from the stipulations of the treaties, and of the consular convention, heretofore concluded between the United States and France; and that the same shall not henceforth be regarded as legally obligatory on the Government or citizens of the United States."]

TREATY OF ALLIANCE BETWEEN THE UNITED STATES OF AMERICA AND HIS MOST CHRISTIAN MAJESTY.

The Most Christian King and the United States of North America, to wit: New Hampshire, Massachusetts Bay, Rhodes 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 strengtheming those engagements, and of rendring 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 hindring 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 councels and efforts against the enterprises of their common enemy, the respective Plenipotentiaries impowered to concert the clauses and conditions proper to fulfil the said intentions, have, after the most mature deliberation, concluded and determined on the following articles:

ARTICLE I.

to be a comon cause.

If war should break out between France and Great Britain during the continuance of the present war between the United If war break out States and England, His Majesty and the said United States with Great Britain, shall make it a common cause and aid each other mutually with their good offices, their counsels and their forces, according to the exigence of conjunctures, as becomes good and faithful allies.

ARTICLE II.

Object of the

The essential and direct end of the present defensive alliance is to maintain effectually the liberty, sovereignty, and independance absolute and unlimited, of the said United States, as tret), indepe well in matters of gouvernement as of commerce.

ence

of the United States.

ARTICLE III.

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

Both parties to attain that end.

ARTICLE IV.

The contracting parties agree that in case either of them should form Concurrence in en- any particular enterprise in which the concurrence of the enterprise. 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 of its being brought into action, as well as the advantages which are to be its compensation.

Conquests that shall belong to the

ARTICLE V.

If the United States should think fit to attempt the reduction of the British power, remaining in the northern parts of America, or the islands of Bermudas, those contries or United States. islands, in case of success, shall be confederated with or dependant upon the said United States.

ARTICLE VI.

France relinquishes all claim to certain countries, if conquere L

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.

Conquests that shall

ARTICLE VII.

If His Most Christian Majesty shall think proper to attack any of the islands situated in the Gulph of Mexico, or near that Gulph, belong to France. 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.

Neither party to Conclude a treaty

ARTICLE VIII.

Neither of the two parties shall conclude either truce or peace with Great Britain without the formal consent of the other first without the other obtained; and they mutually engage not to lay down their consent, &c. 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.

ARTICLE IX.

No clum of com

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 circum- persation siter the stances, there shall be no after claim of compensation on one side or the other, whatever may be the event of the war.

ARTICLE X.

war

Το admit other

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 powers to accede to to the present alliance, under such conditions as shall be freely agreed to and settled between all the parties.

ARTICLE XI.

the all'ance.

Mutual guaranty.

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 also 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 5th and 6th articles above written, the whole as their possessions shall be fixed and assured to the said States, at the moment of the cessation of their present war with England.

ARTICLE XII.

Guaranty when to commence.

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 mutual obligations of the said guarantee shall not commence until the moment of the cessation of the present war between the United States and England shall have ascertained their possessions.

ARTICLE XIII.

Ratification,

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, to wit: On the part of the Most Christian King, Conrad Alexander Gerard, Royal Syndic of the city of Strasbourgh, and Secretary of his Majesty's Council of State; and on the part of the United States, Benjamin Franklin, Deputy to the General Congress from the State of Pennsylvania, and President of the Convention of the same State, Silas Deane, heretofore Deputy from the State of Connecticut, and Arthur Lee, Councellor at Law, have signed

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