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The Treaty of Amity and Commerce established formal diplomatic and commercial relations between the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
and
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
during the
American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...
. It was signed on February 6, 1778 in Paris, together with its sister agreement, the Treaty of Alliance, and a separate, secret clause allowing
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , i ...
and other European nations to join the alliance. These were the first
treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...
negotiated by the fledgling United States, and the resulting alliance proved pivotal to American victory in the war; the agreements are sometimes collectively known as the Franco-American Alliance or the Treaties of Alliance. The Treaty of Amity and Commerce recognized the ''de facto'' independence of the U.S. and established mutual commercial and navigation rights between the two nations; it served as a defiant alternative to the British
Acts of Trade and Navigation The Navigation Acts, or more broadly the Acts of Trade and Navigation, were a long series of English laws that developed, promoted, and regulated English ships, shipping, trade, and commerce between other countries and with its own colonies. The ...
, which restricted American access to foreign markets. The Treaty of Alliance established a
mutual defense pact A defense pact (or defence pact in Commonwealth spelling) is a type of treaty or military alliance in which the signatories promise to support each other militarily and to defend each other.Volker Krause, J. David Singer "Minor Powers, Allian ...
, forbidding either nation from making a separate peace with Great Britain, and guaranteeing French support of the Americans should the British violate their peace with France. Due to the critical material, financial, and military support secured by the treaties, their successful negotiation is considered the "single most important diplomatic success of the colonists". However, later complications with the Treaty of Alliance led to America foregoing any formal military alliance until the Declaration by United Nations in 1942.


Background

Early in 1776, as members of the U.S.
Continental Congress The Continental Congress was a series of legislative bodies, with some executive function, for thirteen of Britain's colonies in North America, and the newly declared United States just before, during, and after the American Revolutionary War. ...
began to move closer to declaring independence from Britain, leading American statesmen began to consider the benefits of forming foreign alliances to assist in their
rebellion Rebellion, uprising, or insurrection is a refusal of obedience or order. It refers to the open resistance against the orders of an established authority. A rebellion originates from a sentiment of indignation and disapproval of a situation and ...
against the
British Crown The Crown is the state (polity), state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, British Overseas Territories, overseas territories, Provinces and territorie ...
.Model Treaty (1776)
/ref> The most obvious potential ally was France, a long-time enemy of Britain and a colonial rival who had lost much of their lands in the Americas after the
French and Indian War The French and Indian War (1754–1763) was a theater of the Seven Years' War, which pitted the North American colonies of the British Empire against those of the French, each side being supported by various Native American tribes. At the ...
. As a result,
John Adams John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...
began drafting conditions for a possible commercial treaty between France and the future independent colonies of the United States, which declined the presence of French troops and any aspect of French authority in colonial affairs. Congress sent Silas Deane to France to negotiate. On September 25 the Continental Congress ordered
Benjamin Franklin Benjamin Franklin ( April 17, 1790) was an American polymath who was active as a writer, scientist, inventor, statesman, diplomat, printer, publisher, and political philosopher. Encyclopædia Britannica, Wood, 2021 Among the leading inte ...
and Arthur Lee to seek a treaty with France based upon Adams's draft treaty that had later been formalized into a
Model Treaty The Model Treaty, or the Plan of 1776, was a template for commercial treaties that the United States planned to make with foreign powers during the American Revolution against Great Britain. It was drafted by the Continental Congress to secure eco ...
which sought the establishment of reciprocal trade relations with France but declined to mention any possible military assistance from the French government.French Alliance, French Assistance, and European diplomacy during the American Revolution, 1778–1782
/ref> Despite orders to seek no direct military assistance from France, the American commissioners were instructed to work to acquire most favored nation trading relations with France, along with additional military aid, and also encouraged to reassure any Spanish delegates that the United States had no desire to acquire Spanish lands in the Americas, in the hopes that Spain would in turn enter a Franco-American alliance. Despite an original openness to the alliance, after word of the Declaration of Independence and a British evacuation of Boston reached France, the French Foreign Minister, Comte de Vergennes, put off signing a formal alliance with the United States after receiving news of British victories over General
George Washington George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of th ...
in New York. With the help of the
Committee of Secret Correspondence The Committee of Secret Correspondence was a committee formed by the Second Continental Congress and active from 1775 to 1776. The Committee played a large role in attracting French aid and alliance during the American Revolution. In 1777, the Co ...
, established by the Continental Congress to promote the American cause in France, and his standing as a model of republican simplicity within French society, Benjamin Franklin was able to gain a secret loan and
clandestine Clandestine may refer to: * Secrecy, the practice of hiding information from certain individuals or groups, perhaps while sharing it with other individuals * Clandestine operation, a secret intelligence or military activity Music and entertainmen ...
military assistance from the Foreign Minister but was forced to put off negotiations on a formal alliance while the French government negotiated a possible alliance with Spain. With the defeat of Britain at the
Battle of Saratoga The Battles of Saratoga (September 19 and October 7, 1777) marked the climax of the Saratoga campaign, giving a decisive victory to the Americans over the British in the American Revolutionary War. British General John Burgoyne led an invasion ...
and growing rumors of secret British peace offers to Franklin, France sought to seize an opportunity to take advantage of the rebellion and abandoned negotiations with Spain to begin discussions with the United States on a formal alliance. With official approval to begin negotiations on a formal alliance given by King
Louis XVI of France Louis XVI (''Louis-Auguste''; ; 23 August 175421 January 1793) was the last King of France before the fall of the monarchy during the French Revolution. He was referred to as ''Citizen Louis Capet'' during the four months just before he was e ...
, the colonies turned down a British proposal for reconciliation in January 1778 and began negotiations that would result in the signing of the Treaty of Alliance and Treaty of Amity and Commerce.


Terms and provisions

The treaty established a comprehensive framework for mutual diplomatic, commercial, and navigational cooperation. *Peace and friendship between the U.S. and France *Mutual most favored nation status with regard to commerce and navigation *Mutual protection of all vessels and cargo when in U.S. or French
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...
*Ban on fishing in waters possessed by the other with exception of the Banks of
Newfoundland Newfoundland and Labrador (; french: Terre-Neuve-et-Labrador; frequently abbreviated as NL) is the easternmost province of Canada, in the country's Atlantic region. The province comprises the island of Newfoundland and the continental region ...
*Mutual right for citizens of one country to hold land in other's territory *Mutual right to search a ship of the other's coming out of an enemy port for
contraband Contraband (from Medieval French ''contrebande'' "smuggling") refers to any item that, relating to its nature, is illegal to be possessed or sold. It is used for goods that by their nature are considered too dangerous or offensive in the eyes o ...
*Right to
due process of law Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pers ...
if contraband is found on an allied ship and only after being officially declared contraband may it be seized *Mutual protection of
men-of-war The man-of-war (also man-o'-war, or simply man) was a Royal Navy expression for a powerful warship or frigate from the 16th to the 19th century. Although the term never acquired a specific meaning, it was usually reserved for a ship armed wi ...
and
privateer A privateer is a private person or ship that engages in maritime warfare under a commission of war. Since robbery under arms was a common aspect of seaborne trade, until the early 19th century all merchant ships carried arms. A sovereign or deleg ...
s and their crews from harm from the other party and
reparations Reparation(s) may refer to: Christianity * Restitution (theology), the Christian doctrine calling for reparation * Acts of reparation, prayers for repairing the damages of sin History *War reparations **World War I reparations, made from G ...
to be paid if this provision is broken *Restoration of stolen property taken by
pirates Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable goods. Those who conduct acts of piracy are called pirates, v ...
*Right of ships of war and privateers to freely carry ships and goods taken for their enemy *Mutual assistance, relief, and
safe harbor A safe harbor or harbour is literally a "place of shelter and safety, esp. for ships". It is used in many contexts: Film and television * Safe harbor (broadcasting), established in 1978 in the US, the time period in a television schedule during wh ...
to ships, both of War and Merchant, in crisis in the other's territory *Neither side may commission privateers against the other nor allow foreign privateers that are enemies of either side to use their ports *Mutual right to trade with enemy states of the other as long as those goods are not contraband *If the two nations become enemies six months protection of merchant ships in enemy territory *To prevent quarrels between allies all ships must carry passports and cargo manifests *If two ships meet ships of war and privateers must stay out of
cannon A cannon is a large- caliber gun classified as a type of artillery, which usually launches a projectile using explosive chemical propellant. Gunpowder ("black powder") was the primary propellant before the invention of smokeless powder ...
range but may board the merchant ship to inspect her passports and manifests *Mutual right to inspection of a ship's cargo to only happen once *Mutual right to have
consuls A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, as well as to facilitate trade and friendship between the people ...
,
vice consul A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, as well as to facilitate trade and friendship between the people ...
s, agents, and commissaries of one nation in the other's ports *France grants one or more ports under its control to be
free ports Free may refer to: Concept * Freedom, having the ability to do something, without having to obey anyone/anything * Freethought, a position that beliefs should be formed only on the basis of logic, reason, and empiricism * Emancipate, to proc ...
to ships of the United States


Signing and ratification

The Treaty of Amity and Commerce was signed on February 6, 1778 at the
Hôtel de Crillon Hôtel de Crillon, A Rosewood Hotel () is a historic luxury hotel in Paris which opened in 1909 in a building dating to 1758. Located at the foot of the Champs-Élysées, the Crillon, along with the Hôtel de la Marine, is one of two identical st ...
by American delegates
Benjamin Franklin Benjamin Franklin ( April 17, 1790) was an American polymath who was active as a writer, scientist, inventor, statesman, diplomat, printer, publisher, and political philosopher. Encyclopædia Britannica, Wood, 2021 Among the leading inte ...
, Silas Deane, and Arthur Lee, and the French representative to the U.S., Conrad Alexandre Gérard de Rayneva. Congress received the signed text on May 2, 1778 and ratified it on May 4, 1778 by unanimous vote; not all states were represented in the vote, as
New Hampshire New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...
and
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
were absent while the attendance of
Delaware Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
and
Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
are uncertain. Urgency overrode the necessity of having all thirteen states ratify the document. The Treaty was ratified by France on July 16, 1778. On September 1, 1778, Congress formally expunged Articles 11 and 12, which dealt with
import duties A tariff is a tax imposed by the government of a country or by a supranational union on imports or exports of goods. Besides being a source of revenue for the government, import duties can also be a form of regulation of foreign trade and polic ...
and exportation of
molasses Molasses () is a viscous substance resulting from refining sugarcane or sugar beets into sugar. Molasses varies in the amount of sugar, method of extraction and age of the plant. Sugarcane molasses is primarily used to sweeten and flavour foods ...
, respectively. Upon the Treaty's first printing in France the following month, references to these articles were removed, and all subsequent articles were renumbered.


Aftermath and significance

While France had aided the colonists as early as June 1775, its support was largely clandestine and led by envoys and donors acting in their individual capacities. Along with the Treaty of Alliance, the Treaty of Amity and Commerce resulted in substantial and full-fledged support of the American cause, in the form of loans, military equipment, naval forces, technical and strategic assistance, and manpower. Aside from the direct strategic benefits, French recognition served to turn an "otherwise lopsided colonial rebellion" into a larger conflict, as France was the only nation roughly on parity with Britain. Open diplomatic support by the leading power of continental Europe also served to legitimatize the newly emerging United States, which in turn would invite other nations to recognize American independence and provide aid.David M. Golove and Daniel J. Hulsebosch,
A Civilized Nation: The Early American Constitution, The Law Of Nations, And The Pursuit Of International Recognition
', New York Law Review, October 2010, 85 N.Y.U. L. Rev. 932, 953.
Shortly after the treaties were signed, French aid grew significantly and substantively. Over 12,000 soldiers, 22,000 sailors, and 63 warships served in the rebellion. Military leaders such as Lafayette and
Comte de Rochambeau Marshal Jean-Baptiste Donatien de Vimeur, comte de Rochambeau, 1 July 1725 – 10 May 1807, was a French nobleman and general whose army played the decisive role in helping the United States defeat the British army at Yorktown in 1781 during the ...
played a decisive role in the American victories at the
Chesapeake Chesapeake often refers to: *Chesapeake people, a Native American tribe also known as the Chesepian * The Chesapeake, a.k.a. Chesapeake Bay *Delmarva Peninsula, also known as the Chesapeake Peninsula Chesapeake may also refer to: Populated plac ...
and at Yorktown, which together hastened the end of the conflict. France played a leading role in brokering the
1783 Treaty of Paris The Treaty of Paris, signed in Paris by representatives of King George III of Great Britain and representatives of the United States of America on September 3, 1783, officially ended the American Revolutionary War and overall state of conflict ...
that formally ended the war and led to ''de jure'' American independence; pursuant to the Treaty of Alliance, only when Britain and France settled their differences did the United States sign the Treaty of Paris.


See also

*
List of treaties This list of treaties contains known agreements, pacts, peaces, and major contracts between states, armies, governments, and tribal groups. Before 1200 CE 1200–1299 1300–1399 1400–1499 1500–1599 1600–1699 1700–1799 ...


References


Sources

*Giunta, Mary A., ed. ''Documents of the Emerging Nation: U.S. Foreign Relations 1775–1789.'' Wilmington, Del.: Scholarly Resources Inc., 1998. * Middlekauff, Robert. ''The Glorious Cause: The American Revolution, 1763–1789.'' New York: Oxford University Press, 1982. *"Treaty of Amity and Commerce,"
The Avalon Project at Yale Law School
'. Accessed February 5, 2018.


External links





* {{DEFAULTSORT:Treaty of Amity and Commerce (United States - France) France–United States relations Treaties of the United States Political history of the United States Political history of France 1778 in France 1778 treaties Treaties of the Kingdom of France Commercial treaties 1778 in the United States 1778 in economics
Amity Amity may refer to: Places United States * Eagar, Arizona, a town, formerly named Amity * Amity (New Haven), Connecticut, a neighborhood * Amity, Georgia, an unincorporated community * Amity, Illinois (disambiguation) * Amity, Indiana, an uni ...