"It has been agreed that M. le Ray de Chaumont be requested not to give up the part of the prizes coming to all crews, and to each individual of the said squadron, but to their order, and to be responsible for the same in his own and proper name.
"Whereas the said squadron has been formed for the purpose of injuring the common enemies of France and America, it has been agreed that such armed vessels, whether French or American, may be associated therewith by common consent, as shall be found suitable for the purpose, and that they shall have such proportion of the prizes which shall be taken as the laws of their respective countries allow them.
"In case of the death of any of the before-mentioned commanders of vessels, he shall be replaced agreeably to the order of the tariff, with liberty, however, for the successor to choose whether he shall remain on board his own vessel, and give up the next in order, the command of the vacant ship.
"It has, moreover, been agreed, that the commander of the Stag shall be excepted from the last article of this present agreement, because in case of a disaster to M. de Varage he shall be replaced by his second in command, and so on by the other officers of his cutter, the Stag.
"J. Paul Jones.
"P. Landais.
"De Cottineau. "De Varage.
"Le Ray de Chaumont.
"P. Ricot."
APPENDIX III.
[ON THE FLAG OF THE BON HOMME RICHARD.]
The statement is frequently made that the flag under which the Bon Homme Richard fought the Serapis is still in existence, and the following letter from the assistant secretary of the Smithsonian Institution gives a history of the claim:
"I am authorized by the secretary to acknowledge the receipt of and reply to your letter of the 27th instant, in which you ask whether the identical flag used by John Paul Jones on the Bon Homme Richard is the one now in the custody of the Smithsonian Institution.
"Your letter has been referred to Mr. A. H. Clark, Custodian of the Section of American History in the National Museum, who has submitted the following facts, which I submit to you as the opinion of this institution in the case."