National Archives and Records Administration
[Louisiana
Purchase Page] 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).
THE LOUISIANA PURCHASE
TRANSCRIPTIONS
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 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 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]
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