"The division of the prizes to the superior officers and crews of said squadron, shall be made agreeable to the American laws; but it is agreed that the proportion of the whole coming to each vessel in the squadron shall be regulated by the Minister of the Marine Department of France, and the Minister Plenipotentiary of the United States of America. "A copy of the American laws shall be annexed to the present agreement, after having been certified by the commander of the Bon Homme Richard; but, as the said laws can not foresee or determine as to what may concern the vessels and subjects of other nations, it is expressly agreed that whatever may be contrary to them should be regulated by the Minister of the French Marine, and the Minister Plenipotentiary of the United States of America. "It is likewise agreed that the orders given by the Minister of the French Marine, and the Minister Plenipotentiary of the United States be executed. "Considering the necessity there is of preserving the interests of each individual, the prizes that shall be taken shall be remitted to the orders of Monsieur le Ray de Chaumont, honorary intendant of the Royal Hotel of Invalids, who has furnished the expenses of the armament of the said squadron. "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: