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Vergennes finally decided in favor of an alliance when news of the British surrender at the Battle of Saratoga reached him in December 1777. Vergennes, having heard rumors of secret British peace offers to Franklin, decided not to wait for Spanish support and offered the United States an official French alliance. On February 6, 1778, Benjamin Franklin and the other two commissioners, Arthur Lee and Silas Deane, signed a Treaty of Alliance and a Treaty of Amity and Commerce with France.

The Treaty of Alliance contained the provisions the U.S. commissioners had originally requested, but also included a clause forbidding either country to make a separate peace with Britain, as well as a secret clause allowing for Spain, or other European powers, to ally with France and the American Colonies. Spain officially entered the war on June 21, 1779. The Treaty of Amity and Commerce promoted trade between the United States and France and recognized the United States as an independent nation.

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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 strengthening those engagements and of rondring 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 Councils and efforts against the Enterprises of their common Enemy, the respective Plenipotentiaries, impower'd to concert the Clauses & conditions proper to fulfil the said Intentions, have, after the most mature Deliberation, concluded and determined on the following Articles.