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Documents
of the Louisiana Purchase
THE
LOUISIANA PURCHASE
The three documents transcribed below 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).
Source:
National Archives and Records Administration
www.nara.gov/exhall/originals/louistxt.html
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 Vende
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 the name of the French people, Citizen Francis Barbe
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 Vende 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 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
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 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 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
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 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 Vende 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]
Barbe 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 Plenipotentiaries,
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 Barbe 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 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
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]
Barbe 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 complyance with the
Second and fifth Articles of the Convention of the 8th
Vende 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 Barbe 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 Vende 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 timementioned in the Said Convention 8th
Vende 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 Government 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 Vende miaire an 9/30th September
1800 the payment of which has been heretofore 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 intention 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 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 present 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 Vende 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 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 Vende 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]
Barbe Marbois [seal]
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