Note: The three documents
transcribed here are the treaty of cession and two conventions,
one for the payment of 60 million francs ($11,250,000), the
other for claims American citizens had made against France for
20 million francs ($3,750,000).
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
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 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 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 incontestable 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 preceding 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 dependences 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 dependences 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
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 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
nations 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 favor the manufactures,
Commerce, freight and navigation 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 favored 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]
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 independent 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 preceding 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 Government
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 favor 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 friendship which unites the two nations
and being desirous in compliance 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 preceding 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 intent 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 excepted 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 the 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 judgment 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 shall
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 Such
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 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]
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