TREATY BETWEEN
THE UNITED STATES OF AMERICA
AND THE FRENCH REPUBLIC
The President of the United States of America and
the First Consul of the French Republic in the
name of the French People desiring to remove all Source of misunderstanding
relative to objects of
discussion mentioned in the Second and fifth articles o f the Convention
of the 8th Vendé miaire an 9/30
September 1800 relative to the rights claimed by the United States
in virtue of the Treaty concluded at
Madrid the 27 of October 1795, between His Catholic Majesty & the
Said United States, & willing to
Strengthen the union and friendship which at the time of the Said Convention
was happily reestablished
between the two nations have respectively named their Plenipotentiaries
to wit The President of the
United States, by and with the advice and consent of the Senate of
the Said States; Robert R. Livingston
Minister Plenipotentiary of the United States and James Monroe Minister
Plenipotentiary and Envoy
extraordinary of the Said States near the Government of the French
Republic; And the First Consul in th e
name of the French people, Citizen Francis Barbé Marbois Minister
of the public treasury who after
having respectively exchanged their full powers have agreed to the
following Articles.
Article I
Whereas by the Article the third of the Treaty concluded
at St Ildefonso the 9th Vendé miaire an
9/1st October 1800 between the First Consul of the French Republic
and his Catholic Majesty it was
agreed as follows.
"His Catholic Majesty promises and engages on his
part to cede to the French Republic six months
after the full and entire execution of the conditions and Stipulations
herein relative to his Royal Highness
the Duke of Parma, the Colony or Province of Louisiana with the Same
extent that it now has in the hand
of Spain, & that it had when France possessed it; and Such as it
Should be after the Treaties subsequently
entered into between Spain and other States."
And whereas in pursuance of the Treaty and particularly
of the third article the French Republic has
an incontestible title to the domain and to the possession of the said
Territory--The First Consul of the
French Republic desiring to give to the Unit ed States a strong proof
of his friendship doth hereby cede to
the United States in the name of the French Republic for ever and in
full Sovereignty the said territory
with all its rights and appurtenances as fully and in the Same manner
as they have bee n acquired by the
French Republic in virtue of the above mentioned Treaty concluded with
his Catholic Majesty.
Art: II
In the cession made by the preceeding article are
included the adjacent Islands belonging to
Louisiana all public lots and Squares, vacant lands and all public
buildings, fortifications, barracks and
other edifices which are not private property.--The Archives, papers
& documents relative to the domain
and Sovereignty of Louisiana and its dependances will be left in the
possession of the Commissaries of the
United States, and copies will be afterwards given in due form to the
Magistrates and Municipal officers of
such of the said papers and documents as may be necessary to them.
Art: III
The inhabitants of the ceded territory shall be incorporated
in the Union of the United States and
admitted as soon as possible according to the principles of the federal
Constitution to the enjoyment of all
these rights, advantages and immunities of citizens of the United States,
and in the mean time they shall be
maintained and protected in the free enjoyment of their liberty, property
and the Religion which they
profess.
Art: IV
There Shall be Sent by the Government of France a
Commissary to Louisiana to the end that he do
every act necessary as well to receive from the Officers of his Catholic
Majesty the Said country and its
dependances in the name of the French Republic if it has not been already
done as to transmit it in the
name of the French Republic to the Commissary or agent of the United
States.
Art: V
Immediately after the ratification of the present
Treaty by the President of the United States and in
case that of the first Consul's shall have been previously obtained,
the commissary of the French Republic
shall remit all military posts of New Orl eans and other parts of the
ceded territory to the Commissary or
Commissaries named by the President to take possession--the troops
whether of France or Spain who
may be there shall cease to occupy any military post from the time
of taking possession and shall be
embarked as soon as possible in the course of three months after the
ratification of this treaty.
Art: VI
The United States promise to execute Such treaties
and articles as may have been agreed between
Spain and the tribes and nations of Indians until by mutual consent
of the United States and the said tribes
or nations other Suitable articles Shall have been agreed upon.
Art: VII
As it is reciprocally advantageous to the commerce
of France and the United States to encourage the
communication of both nations for a limited time in the country ceded
by the present treaty until general
arrangements relative to commerce of both nat ions may be agreed on;
it has been agreed between the
contracting parties that the French Ships coming directly from France
or any of her colonies loaded only
with the produce and manufactures of France or her Said Colonies; and
the Ships of Spain coming directly
from Spain or any of her colonies loaded only with the produce or manufactures
of Spain or her Colonies
shall be admitted during the Space of twelve years in the Port of New-Orleans
and in all other legal
ports-of-entry within the ceded territory in the Same manner as the
Ships of the United States coming
directly from France or Spain or any of their Colonies without being
Subject to any other or greater duty
on merchandize or other or greater tonnage than that paid by the citizens
of the United. States.
During that Space of time above mentioned no other
nation Shall have a right to the Same privileges
in the Ports of the ceded territory--the twelve years Shall commence
three months after the exchange of
ratifications if it Shall take place in France or three months after
it Shall have been notified at Paris to the
French Government if it Shall take place in the United States; It is
however well understood that the
object of the above article is to favour the manufactures, Commerce,
freight and naviga tion of France and
of Spain So far as relates to the importations that the French and
Spanish Shall make into the Said Ports
of the United States without in any Sort affecting the regulations
that the United States may make
concerning the exportation of t he produce and merchandize of the United
States, or any right they may
have to make Such regulations.
Art: VIII
In future and for ever after the expiration of the
twelve years, the Ships of France shall be treated
upon the footing of the most favoured nations in the ports above mentioned.
Art: IX
The particular Convention Signed this day by the
respective Ministers, having for its object to
provide for the payment of debts due to the Citizens of the United
States by the French Republic prior to
the 30th Sept. 1800 (8th Vendé miaire an 9) is approved and
to have its execution in the Same manner as
if it had been inserted in this present treaty, and it Shall be ratified
in the same form and in the Same time
So that the one Shall not be ratified distinct from the other.
Another particular Convention Signed at the Same
date as the present treaty relative to a definitive
rule between the contracting parties is in the like manner approved
and will be ratified in the Same form,
and in the Same time and jointly.
Art: X
The present treaty Shall be ratified in good and
due form and the ratifications Shall be exchanged in
the Space of Six months after the date of the Signature by the Ministers
Plenipotentiary or Sooner if
possible.
In faith whereof the respective Plenipotentiaries
have Signed these articles in the French and English
languages; declaring nevertheless that the present Treaty was originally
agreed to in the French language;
and have thereunto affixed their Seals.
Done at Paris the tenth day of Floreal in the eleventh
year of the French Republic; and the 30th of
April 1803.
Robt R Livingston [seal]
Jas. Monroe [seal]
Barbé Marbois [seal]
A CONVENTION BETWEEN
THE UNITED STATES OF AMERICA
AND THE FRENCH REPUBLIC
The President of the United States of America and
the First Consul of the French Republic in the
name of the French people, in consequence of the treaty of cession
of Louisiana which has been Signed
this day; wishing to regulate definitively every thing which has relation
to the Said cession have authorized
to this effect the Plenipotentiaries, that is to say the President
of the United States has, by and with the
advice and consent of the Senate of the Said States, nominated for
their Plenipoten tiaries, Robert R.
Livingston, Minister Plenipotentiary of the United States, and James
Monroe, Minister Plenipotentiary and
Envoy-Extraordinary of the Said United States, near the Government
of the French Republic; and the
First Consul of the French Republic, in the name of the French people,
has named as Pleniopotentiary of
the Said Republic the citizen Francis Barbé Marbois: who, in
virtue of their full powers, which have been
exchanged this day, have agreed to the followings articles:
Art: 1
The Government of the United States engages to pay
to the French government in the manner
Specified in the following article the sum of Sixty millions of francs
independant of the Sum which Shall
be fixed by another Convention for the payment of the debts due by
France to citizens of the United
States.
Art: 2
For the payment of the Sum of Sixty millions of francs
mentioned in the preceeding article the
United States shall create a Stock of eleven millions, two hundred
and fifty thousand Dollars bearing an
interest of Six per cent: per annum payable half y early in London
Amsterdam or Paris amounting by the
half year to three hundred and thirty Seven thousand five hundred Dollars,
according to the proportions
which Shall be determined by the french Govenment to be paid at either
place: The principal of t he Said
Stock to be reimbursed at the treasury of the United States in annual
payments of not less than three
millions of Dollars each; of which the first payment Shall commence
fifteen years after the date of the
exchange of ratifications:--this Stock Shall be transferred to the
government of France or to Such person
or persons as Shall be authorized to receive it in three months at
most after the exchange of ratifications of
this treaty and after Louisiana Shall be taken possession of the name
of the Government of the United
States.
It is further agreed that if the french Government
Should be desirous of disposing of the Said Stock
to receive the capital in Europe at Shorter terms that its measures
for that purpose Shall be taken So as to
favour in the greatest degree possible the credit of the United States,
and to raise to the highest price the
Said Stock.
Art 3
It is agreed that the Dollar of the United States
Specified in the present Convention shall be fixed at
five francs 3333/100000 or five livres eight Sous tournois.
The present Convention Shall be ratified in good
and due form, and the ratifications Shall be
exchanged the Space of Six months to date from this day or Sooner it
possible.
In faith of which the respective Plenipotentiaries
have Signed the above articles both in the french
and english languages, declaring nevertheless that the present treaty
has been originally agreed on and
written in the french language; to which they have hereunto affixed
their Seals.
Done at Paris the tenth of Floreal eleventh year
of the french Republic/
30th April 1803 ./
Robt R Livingston [seal]
Jas. Monroe [seal]
Barbé Marbois [seal]
CONVENTION BETWEEN
THE UNITED STATES OF AMERICA
AND THE FRENCH REPUBLIC
The President of the United States of America and
the First Consul of the French Republic in the
name of the French People having by a Treaty of this date terminated
all difficulties relative to Louisiana,
and established on a Solid foundation the fri endship which unites
the two nations and being desirous in
complyance with the Second and fifth Articles of the Convention of
the 8th Vendé miaire ninth year of the
French Republic (30th September 1800) to Secure the payment of the
Sums due by France to the citizens
of the United States have respectively nominated as Plenipotentiaries
that is to Say The President of the
United States of America by and with the advise and consent of their
Senate Robert R. Livingston
Minister Plenipotentiary and James Monroe Minister Plenipotentiary
and Envoy Extraordinary of the Said
States near the Government of the French Republic: and the First Consul
in the name of the French
People the Citizen Francis Barbé Marbois Minister of the public
treasury; who after having exchanged
their full powers have agreed to the following articles.
Art: 1
The debts due by France to citizens of the United
States contracted before the 8th Vendé miaire
ninth year of the French Republic/30th September 1800/ Shall be paid
according to the following
regulations with interest at Six per Cent; to commence from the period
when the accounts and vouchers
were presented to the French Government.
Art: 2
The debts provided for by the preceeding Article
are those whose result is comprised in the
conjectural note annexed to the present Convention and which, with
the interest cannot exceed the Sum of
twenty millions of Francs. The claims comprised in the Said note which
fall within the exceptions of the
following articles, Shall not be admitted to the benefit of this provision.
Art: 3
The principal and interests of the Said debts Shall
be discharged by the United States, by orders
drawn by their Minister Plenipotentiary on their treasury, these orders
Shall be payable Sixty days after
the exchange of ratifications of the Treaty and the Conventions Signed
this day, and after possession Shall
be given of Louisiana by the Commissaries of France to those of the
United States.
Art: 4
It is expressly agreed that the preceding articles
Shall comprehend no debts but Such as are due to
citizens of the United States who have been and are yet creditors of
France for Supplies for embargoes
and prizes made at Sea, in which the appeal has been properly lodged
within the time mentioned in the
Said Convention 8th Vendé miaire ninth year, /30th Sept 1800/
Art: 5
The preceding Articles Shall apply only, First: to
captures of which the council of prizes Shall have
ordered restitution, it being well understood that the claimant cannot
have recourse to the United States
otherwise than he might have had to the Go vernment of the French republic,
and only in case of
insufficiency of the captors--2d the debts mentioned in the Said fifth
Article of the Convention contracted
before the 8th Vendé miaire an 9/30th September 1800 the payment
of which has been heretof ore
claimed of the actual Government of France and for which the creditors
have a right to the protection of
the United States;-- the Said 5th Article does not comprehend prizes
whose condemnation has been or
Shall be confirmed: it is the express intenti on of the contracting
parties not to extend the benefit of the
present Convention to reclamations of American citizens who Shall have
established houses of Commerce
in France, England or other countries than the United States in partnership
with foreigner s, and who by
that reason and the nature of their commerce ought to be regarded as
domiciliated in the places where
Such house exist.--All agreements and bargains concerning merchandize,
which Shall not be the property
of American citizens, are equally ex cepted from the benefit of the
said Conventions, Saving however to
Such persons their claims in like manner as if this Treaty had not
been made.
Art: 6
And that the different questions which may arise
under the preceding article may be fairly
investigated, the Ministers Plenipotentiary of the United States Shall
name three persons, who Shall act
from the present and provisionally, and who shall have full power to
examine, without removing the
documents, all the accounts of the different claims already liquidated
by the Bureaus established for this
purpose by the French Republic, and to ascertain whether they belong
to the classes designated by the pr
esent Convention and the principles established in it or if they are
not in one of its exceptions and on their
Certificate, declaring that the debt is due to an American Citizen
or his representative and that it existed
before the 8th Vendé miaire 9th year/30 September 1800 the debtor
shall be entitled to an order on the
Treasury of the United States in the manner prescribed by the 3d Article.
Art: 7
The Same agents Shall likewise have power, without
removing the documents, to examine the claims
which are prepared for verification, and to certify those which ought
to be admitted by uniting the
necessary qualifications, and not being comprised in t he exceptions
contained in the present Convention.
Art: 8
The Same agents Shall likewise examine the claims
which are not prepared for liquidation, and
certify in writing those which in their judgement ought to be admitted
to liquidation.
Art: 9
In proportion as the debts mentioned in these articles
Shall be admitted they Shall be discharged with
interest at Six per Cent: by the Treasury of the United States.
Art: 10
And that no debt shall not have the qualifications
above mentioned and that no unjust or exorbitant
demand may be admitted, the Commercial agent of the United States at
Paris or such other agent as the
Minister Plenipotentiary or the United States Sha ll think proper to
nominate shall assist at the operations
of the Bureaus and cooperate in the examinations of the claims; and
if this agent Shall be of the opinion
that any debt is not completely proved, or if he shall judge that it
is not comprised in t he principles of the
fifth article above mentioned, and if notwithstanding his opinion the
Bureaus established by the french
Government should think that it ought to be liquidated, he shall transmit
his observations to the board
established by the United States, who, without removing documents,
shall make a complete examination
of the debt and vouchers which Support it, and report the result to
the Minister of the United States.--The
Minister of the United States Shall transmit his observations in all
Suc h cases to the Minister of the
treasury of the French Republic, on whose report the French Government
Shall decide definitively in
every case.
The rejection of any claim Shall have no other effect
than to exempt the United States from the
payment of it, the French Government reserving to itself, the right
to decide definitively on Such claim So
far as it concerns itself.
Art: 11
Every necessary decision Shall be made in the course
of a year to commence from the exchange of
ratifications, and no reclamation Shall be admitted afterwards.
Art: 12
In case of claims for debts contracted by the Government
of France with citizens of the United
States Since the 8th Vendé miaire 9th year/30 September 1800
not being comprised in this Convention
may be pursued, and the payment demanded in the Same manner as if it
had not been made.
Art: 13
The present convention Shall be ratified in good
and due form and the ratifications Shall be
exchanged in Six months from the date of the Signature of the Ministers
Plenipotentiary, or Sooner if
possible.
In faith of which, the respective Ministers Plenipotentiary
have signed the above Articles both in the
french and english languages, declaring nevertheless that the present
treaty has been originally agreed on
and written in the french language, to wh ich they have hereunto affixed
their Seals.
Done at Paris, the tenth of Floreal, eleventh year
of the French Republic.
30th April 1803.
Robt R Livingston [seal]
Jas. Monroe [seal]
Barbé Marbois [seal]
Source: http://www.nara.gov/exhall/originals/louistxt.html (National
Archives)