The Louisiana Purchase Treaty
(Three documents are included here: the formal treaty of cession, a convention
for payment of 60 million francs ($11,250,000) and a second convention
for claims of 20 million francs ($3,750,000) made by American citizens
against France.)
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 Vendémiaire
and 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
happilyreestablished 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 BarbéMarbois Minister of the public treasury
who after having respectively exchanged their full powers have agreed
to the following Articles.
Art: I
Whereas by the Article the third of the Treaty concluded at St Ildefonso
the 9th Vendémiaire 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 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 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 toLouisiana
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 Vendémiaire 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]
BarbéMarbois [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
BarbéMarbois: who, in virtue of their full powers, which have been
exchanged this day, have agreed to the followings articles:
Art: I
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: II
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 the 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: III
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 Vendémiaire 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 BarbéMarbois
Minister of the public treasury; who after having exchanged their full
powers have agreed to the following articles.
Art: I
The debts due by France to citizens of the United States contracted before
the 8th Vendémiaire 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: II
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: III
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: IV
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 Vendémiaire ninth year, /30th
Sept 1800/
Art: V
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 Vendémiaire
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: VI
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 Vendémiaire 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: VII
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: VII
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: IX
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: X
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 the 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: XI
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: XII
In case of claims for debts contracted by the Government of France with
citizens of the United States Since the 8th Vendémiaire 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: XIII
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]
(Texts: The National Archives at http://www.nara.gov/exhall/originals/)
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