paid off, beginning at the lowest number; after which declaration, no further interest will be paid beyond the demi-annual dividend then next accruing.

Sec. 7. That it shall be the duty of the said agents in London, Paris, Amsterdam, or wherever the loan is negociated, provided the holders of the bonds announced to be redeemed, do not present the same for payment within ninety days after said announcement, to invest the amount in their hands, not applied to the redemption of the bonds, in exchequer bills, or in the public securities of the country where the said loan is negociated, to be deposited in the bank of England, Paris, Amsterdam, or whereever the loan is negociated, to be held on account and risk of the holders of said bonds advertised for redemption.

Sec. 8. That the agents in London, Paris, Amsterdam, or whereever the loan may be negociated, shall demi-annually announce in one or more of the newspapers, where said loan is negociated, the numbers and amount of the bonds so redeemed, which shall be cancelled and deposited in the banks of England, Paris, or Amsterdam, as the case may be, and a notarial certificate of the specification of said redemption be transmitted to the secretary of the treasury of this republic, to whom likewise a demi-annual account of said agents shall be rendered.

Sec. 9. That the commissioners of loan of this republic, in case they deem it advisable to sign and issue bonds bearing interest of 6, 5, 4, 3 per cent., are empowered to issue a sufficient number to make up the sum of five million of dollars, and that they be authorised, conformably to the most advantageous terms on which the bonds can be disposed of, to make them payable in ten, twenty, or thirty years, provided not more than one-third of the same shall be payable in a less term than ten years, and provided the bonds sold amount to not more than 7,000,000 dollars.

Sec. 10. That in case any supplementary loan shall be authorised by the president, under instructions of both branches of congress, the said powers and discretion are hereby given to said commissioners, both as to rate of interest and time of payment.

Sec. 11. That in case of any additional loan other than the five millions, now authorized by law, be negociated, the sum of 65,000 dollars for each million negociated or borrowed, over and above the interest, is reserved and set apart out of the sale of public lands, as a permanent and accumulating sinking fund, for the redemption of said bonds, to be annually remitted to the agents in London, Paris, Amsterdam, or wherever said loan is negociated, who shall be authorized to pay the dividends on the bonds, to purchase the said bonds, whenever those bearing a less rate of interest than 10 per cent., can be purchased at or under par. And it is further declared, that any saving of interest, which may arise from the negociations of the bonds bearing a less

rate of interest than 10 per cent., shall be annually carried to a sinking fund appropriated for the redemption of said loan or loans.

Sec. 12. That so soon as the loan, or any part of the loan hereby authorized, is negociated, the commissioners, or any one of them, shall have full power to draw forthwith for the same, or authorize any president or cashier of any bank in the first credit, in the city of New York, to do the same, and to deposit the net proceeds of said loan, or any part of it, which may be nogociated to the credit of the republic of Texas, in said bank, and to remain there till disposed of by congress.

(Section 13 provides, that in case of the absence or death of one of the commissioners, any contract made by the other, shall be conclusive, and binding; and Section 14 repeals such parts of all previous acts as may conflict with the present.)

Sec. 15. That all loans negociated by the authority of the republic of Texas independently of the reservation of the sinking fund, the proceeds of the public land generally, its revenue, and public faith, are solemnly pledged for their redemption. 1840.

TREATY BETWEEN TEXAS AND FRANCE.

MIRABEAU B. LAMAR, President of the Republic of Texas: to all and singular who shall see these presents, greeting: Whereas, a Treaty of Amity, Navigation, and Commerce, between the Republic of Texas and His Majesty the King of the French, comprising three additional articles, signed on the same day, and to be of the same force as the said Treaty, was concluded and signed by General J. Pinckney Henderson, a citizen of Texas, Plenipotentiary on the part of the Government of Texas, and Jean de Dieu Soult, Duke of Dalmatia, Plenipotentiary on the part of the King of the French, at the city of Paris, on the 25th day of September, in the year of our Lord, One Thousand Eight Hundred and Thirty-nine, which Treaty and additional articles are word for word as follows:

The president of the republic of Texas and his majesty the king of the French, desiring to regulate, in a permanent manner, the political and commercial relations between Texas and France, have resolved to conclude a treaty of amity, navigation, and commerce, founded on the common interests of the two countries, and which shall establish the formal recognition, on the part of

France, of the independence of the republic of Texas; and, to this effect, have named for their plenipotentiaries, that is to say, the president of Texas, General James Pinkney Henderson, a citizen of the said republic, and his majesty the king of the French, Jean de Dieu Soult, Duke de Dalmatia, martial and peer of France, grand cross of his royal order of the legion of honour, &c. &c. &c., his minister and secretary of state for the department of foreign affairs, president of his council of ministers.

And the aforesaid plenipotentiaries, after having compared and exchanged their several powers, found to be in due form, have agreed upon the following articles :

ART. 1. There shall be perpetual peace and amity between his majesty the king of the French, his heirs and successors, on the one part, and the republic of Texas, on the other part, and between the citizens of the two states, without exception of persons or places.

ART. 2. The French and Texans shall enjoy, in their persons and property, in the entire extent of their respective territories, the same rights, privileges, and exemptions, which are or may be granted to the most favoured nation. They shall have the right of disposing freely of their property by sale, exchange, by deed of gift, will, or in any other manner, without any impediment or difficulty. In like manner, the citizens of each, inheriting property in either of the states, may become heirs, without any hinderance, to such property which may devolve to them abiut state, and without being held to pay any other or higher tax on the succession than that which shall be paid in similar cases by the citizens of the country themselves. They shall be exempted from all military service, from all war contributions, forced loans, military requisitions, and in every other case, their personal or real estate shall not be subject to any other charge or impost than that which shall be paid by the citizens of the country themselves.

ART. 3. If it should happen that one of the two contracting parties be at war with any other power whatever, the other party shall prohibit their citizens from taking or holding commissions or letters of marque to cruize against the other, or to molest the commerce or property of her citizens.

ART. 4. The two contracting parties adopt, in their mutual relations, the principle, "that the flag covers the goods." If one of the two parties remains neuter when the other may be at war with a third power, the goods covered by the neuter flag shall also be considered to be neutral, even if they should belong to the enemies of the other contracting party.

It is equally understood that the neutrality of flag protects also the freedom of persons, and that the individuals belonging to a hostile power, who may be found on board a neutral vessel,

shall not be made prisoners, unless they are actually engaged in the service of the enemy.

In consequence of the principle that the merchandize is to be considered as belonging to the nation under the flag of which it sails, neutral property found on board an enemy's vessel, shall be considered as enemy's, unless it shall have been shipped on board the vessel before the declaration of war, or before knowledge of such declarations in the port from whence the vessel may have departed.

The two contracting parties will not apply this principle, as it may concern other powers, except in the case of those by whom it may be recognized.

ART. 5. In case one of the contracting parties should be at war with another power, and her ships at war should be compelled to exercise the right of search, it is agreed that if they meet a vessel belonging to the other, then neutral party, they shall send their boat on board said vessel, with two persons charged to enter on an examination of the nationality and cargo of said vessel. The commanders shall be responsible for all vexatious acts of violence which they may either commit or tolerate on such occasions.

The search shall not be permitted but on board vessels which navigate without convoy; it will be sufficient when they are convoyed, that the commander of the convoy declares verbally, and on his word of honour, that the vessels placed under his protection, and under his convoy, belongs to the state under whose flag he sails, and that he declares, when the vessels shall all be destined to an enemy's port, that they have no goods on board, contraband of war.

ART. 6. In case one of the two countries should be at war with a third power, the citizens of the other country shall have a right to continue their commerce and their navigation with the same power, with the exception of the towns or ports before which there shall be established an actual and effective blockade.

It is fully understood this liberty of commerce and of navigation shall not extend to articles reputed contraband of war, such as cannon and fire-arms, swords, pikes, projectiles, powder, salpetre, objects of military equipment, and all instruments whatever manufactured for the purposes of war.

In no case a trading vessel belonging to citizens of either of the two countries, which shall have sailed for a port blockaded, by the other state, shall be seized, captured, or condemned, unless the commander has previously been notified of the existence of the blockade, by some vessel making a part of the squadron or division forming the blockade; and in order that no vessel may alledge ignorance of the facts, and really be liable to capture on her re-appearance before the same port whilst the blockade is enforced, the commander of the ship-of-war who shall first meet

her, must endorse on her papers his visa, indicating the date, the place or latitude and longitude where he has visited the vessel, and given the notifications in question, which shall contain, besides, all the other indications required for the visa.

ART. 7. The vessels of one of the two countries, forced into one of the ports of the other by distress, shall be exempt from all duties, either upon the ship or cargo, if they enter into commercial operations, provided that the necessity of entering such a port is legally established, and that they do not remain in the port longer than the necessity of the case requires.

ART. 8. The two contracting parties shall have the right to appoint consuls, vice-consuls, and consular-agents in all the cities or ports open to the foreign commerce; these agents shall not enter on their functions until they shall have obtained the authorization of the government of the country.

ART. 9. The respective consuls, vice-consuls, and consularagents, and their chancellors, shall enjoy in the two countries the privileges which generally belong to their functions, such as exemptions from having soldiers quartered upon them, from all direct contributions personal, as moveable or sumptuary, unless however they are citizens of the country, or that they become proprietors or holders of real estate, or are engaged in commercial business, in either of which cases they shall be subject to the same taxes and charges as other individuals. These agents shall enjoy, besides all the other privileges, exemptions, and immunities, which shall be granted in their place of residence to the agents of the same rank of the most favoured nation.

ART. 10. The archives, and in general all the papers of the officers of the respective consulates shall be inviolable; and under no pretext, nor in any case, shall they either be seized or searched by the local authorities.

ART. 11. The respective consuls, vice-consuls, and consular-agents, shall have the right, on the death of their fellow citizens, who shall have died, without having made a will, or nominated testamentary executors, to execute either by virtue of their office, or at the request of the parties interested [taking care to give previous notice to the competent local authorities,] all the formalities necessary for the security of the heirs; to take possession in the name of the succession, and to liquidate and administer the same, either personally, or by substitutes, named under their responsibility.

ART. 12. The respective consuls, vice-consuls, and consularagents shall be charged exclusively with the internal police of the commercial vessels of their nation, and the local authorities shall not interfere except in cases of riot or disturbances of a nature calculated to effect the public peace, either on shore, or on board other vessels.