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Treaty of Amity and Commerce (France–United States)

The Treaty of Amity and Commerce established formal diplomatic and commercial relations between the United States and France during the American Revolutionary War. 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 and other European nations to join the alliance.[1][2][3] These were the first treaties negotiated by the fledgling United States, and the resulting alliance proved pivotal to American victory in the war;[4] the agreements are sometimes collectively known as the Franco-American Alliance[3] or the Treaties of Alliance.[5]

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, which restricted American access to foreign markets. The Treaty of Alliance established a mutual defense pact, 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.[6]


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".[7][8] However, later complications with the Treaty of Alliance led to America foregoing any formal military alliance until the Declaration by United Nations in 1942.

Peace and friendship between the U.S. and France

Mutual status with regard to commerce and navigation

most favored nation

Mutual protection of all vessels and cargo when in U.S. or French

jurisdiction

Ban on fishing in waters possessed by the other with exception of the Banks of

Newfoundland

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

Right to if contraband is found on an allied ship and only after being officially declared contraband may it be seized

due process of law

Mutual protection of and privateers and their crews from harm from the other party and reparations to be paid if this provision is broken

men-of-war

Restoration of stolen property taken by

pirates

Right of ships of war and privateers to freely carry ships and goods taken for their enemy

Mutual assistance, relief, and to ships, both of War and Merchant, in crisis in the other's territory

safe harbor

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 and cargo manifests

passports

If two ships meet ships of war and privateers must stay out of range but may board the merchant ship to inspect her passports and manifests

cannon

Mutual right to inspection of a ship's cargo to only happen once

Mutual right to have , vice consuls, agents, and commissaries of one nation in the other's ports

consuls

France grants one or more ports under its control to be to ships of the United States

free ports

The treaty established a comprehensive framework for mutual diplomatic, commercial, and navigational cooperation.[12]

Aftermath and significance[edit]

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,[5] in the form of loans, military equipment, naval forces, technical and strategic assistance, and manpower.[17] 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.[17] 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.[18]


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 played a decisive role in the American victories at the Chesapeake and at Yorktown, which together hastened the end of the conflict. France played a leading role in brokering the 1783 Treaty of Paris 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.[17]

List of treaties

Giunta, Mary A., ed. Documents of the Emerging Nation: U.S. Foreign Relations 1775–1789. Wilmington, Del.: Scholarly Resources Inc., 1998.

. The Glorious Cause: The American Revolution, 1763–1789. New York: Oxford University Press, 1982.

Middlekauff, Robert

"Treaty of Amity and Commerce," . Accessed February 5, 2018.

The Avalon Project at Yale Law School

Avalon Project – Treaty of Amity and Commerce

Avalon Project – Treaty of Amity and Commerce:1778 – Hunter Miller's Notes

Confederation Congress (February 6, 1778). . Journals of the Continental Congress, 1774-1789: 12–30.

"Treaty of Amity and Commerce (United States–France)"