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TRANSCRIBED
FROM FRENCH TEXT
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Three documents are transcribed below:
The Treaty of Cession and Two Conventions (one
for the payment of 60 million francs --about
$11,250,000, and the other for payment of claims
American citizens had made against France for 20
million francs -- about $3,750,000). |
THE
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 of the
Convention of the 8th Vendé miaire on 9/30 September
1800, relative to the rights claimed by the United
States by virtue of the Treaty concluded at Madrid on
the 27th of October 1795, between His Catholic Majesty
& the said United States, and 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 o f 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 the 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 on 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, and 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 United 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 been acquired by the French Republic by 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 and
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 the case
that the first Consul's shall have been previously
obtained, the commissary of the French Republic shall
remit all military posts of New Orleans 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 promises 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 nations 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 time 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 period 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 takes place in France, or three
months after it has been notified at Paris to the French
Government if it takes place in the United States.
However, it is well understood that the object of the
above Article is to favor the manufactures, commerce,
freight and navigation of France and Spain, regarding
French and Spanish imports into said ports of the United
States, without in any way affecting the regulations
that the United States may make concerning the
exportation of the produce and merchandize of the United
States, or any right they may have to make such
regulations.
Art:
VIII
In the
future and forever 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 shall
have its execution in the same manner as if it had been
inserted into this present treaty, and it shall be
ratified in the same form and at the same time, so that
the one shall not be ratified distinct from the
other. Another particular Convention, signed
on the same date as the present treaty relative to a
definitive rule between the contracting parties, is in a
like manner approved, and will be ratified in the same
form, and at 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 within 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]
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