prizes not duties, and not to be ⚫ examined. ARTICLE XXIV. When the ships of war of the two contracting parties, or those Armed vessels and belonging to their citizens which are armed in war, shall be admitted to enter with their prizes the ports of either of the two parties, the said public or private ships, as well as their prizes, shall not be obliged to pay any duty either to the officers of the place, the judges, or any others; nor shall such prizes, when they come to and enter the ports of either party, be arrested or seized, nor shall the officers of the place make examination concerning the lawfulness of such prizes; but they may hoist sail at any time and depart, and carry their prizes to the places expressed in their commissions, which the commanders of such ships of war shall be obliged to shew. is always understood that the stipulations of this article shall not extend beyond the privileges of the most favored nation. Restrictions on foreign privateers. ARTICLE XXV. It shall not be lawful for any foreign privateers who have commissions from any Prince or State in enmity with either nation, to fit their ships in the ports of either nation, to sell their prizes, or in any manner to exchange them; neither shall they be allowed to purchase provisions, except such as shall be necessary for their going to the next port of that Prince or State from which they have received their commissions. Pirates to be prohibited entering the ports of either nation. ARTICLE XXVI. It is further agreed that both the said contracting parties shall not only refuse to receive any pirates into any of their ports, havens, or towns, or permit any of their inhabitants to receive, protect, harbor, conceal, or assist them in any manner, but will bring to condign punishment all such inhabitants as shall be guilty of such acts or offences. The ships and goods be seized. And all their ships, with the goods or merchandises, taken by them and brought into the port of either of the said parties, shall taken by pirates to be seized as far as they can be discovered, and shall be restored to the owners, or their factors or agents duly authorised by them; (proper evidence being first given before competent judges for proving the property;) even in case such effects should have passed into other hands by sale, if it be proved that the buyers knew or had good reason to believe or suspect that they had been piratically taken. The fisheries of ARTICLE XXVII. Neither party will intermeddle in the fisheries of the other on its coasts, nor disturb the other in the exercise of the rights either party not to which it now holds or may acquire on the coast of Newbe interfered with. foundland, in the Gulph of St. Lawrence, or elsewhere on the American coast northward of the United States. But the whale and seal fisheries shall be free to both in every quarter of the world. This convention shall be ratified on both sides in due form, and the ratifications exchanged in the space of six months, or sooner changed within six if possible. Ratifications ex months. In faith whereof the respective Plenipotentiaries have signed the above articles both in the French and English languages, and they have thereto affixed their seals: declaring, nevertheless, that the signing in the two languages shall not be brought into precedent, nor in any way operate to the prejudice of either party. Done at Paris the eighth day of Vendémiaire of the ninth year of the French Republic, the thirtieth day of September, anno Domini eighteen hundred. [The Senate of the United States did, by their resolution on the 3d day of February, 1801, consent to and advise the ratification of the convention: Provided, The second article be expunged, and that the following article be added or inserted: "It is agreed that the present convention shall be in force for the term of eight years from the time of the exchange of the ratifications." Bonaparte, First Consul, in the name of the French people, consented on the 31st July, 1801, "to accept, ratify, and confirm the above convention, with the addition importing that the convention shall be in force for the space of eight years, and with the retrenchment of the second article: Provided, That by this retrenchment the two States renounce the respective pretentions, which are the object of the said article." These ratifications, having been exchanged at Paris on the 31st of July, 1801, were again submitted to the Senate of the United States, which on the 19th of December, 1801, declared the convention fully rati fied, and returned it to the President for promulgation.] TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE FRENCH REPUBLIC. CONCLUDED APRIL 30, 1803. sources of misunder the construction of &c., &c. The President of the United States of America, and the First Consul of the French Republic, in the name of the French people, Desire of the pardesiring to remove all source of misunderstanding relative ties to remove all to objects of discussion mentioned in the second and fifth standing relative to articles of the convention of the 8th Vendémiaire, an 9 the treaty of Madrid, (30th September, 1800) relative to the rights claimed by the United States, in virtue of the treaty concluded at Madrid, the 27th of October, 1795, between his Catholic Majesty and the said United States, and willing to strengthen the union and friendship which at the time of the said convention was happily re-established between the two nations, have respectively named their Plenipotentiaries, to wit: the President of the United States, [of America,] 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. Retrocession from Spain to stated. Whereas by the article the third of the treaty concluded at St. Idelfonso, the 9th Vendémiaire, an 9 (1st October, 1800,) France 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 hands 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 said United States, in the name of the French Republic, forever 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. Islands, &c., in by the preceding arti cles. ARTICLE II. In the cession made by the preceding article are included the adjacent islands belonging to Louisiana, all public lots and squares, cluded in the cession 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 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. Inhabitants of the porated in the Union ARTICLE III. The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possiceded territory incor- ble, according to the principles of the Federal constitution, upon certain princi- to the enjoyment of all the rights, advantages, and immuni ties 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. ples. A commissary to to receive the pro ARTICLE 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 be sent from France to receive from the officers of His Catholic Majesty the said vince of Louisiana, country and its dependences, in the name of the French the United States. 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. and to pass it over to ARTICLE V. Immediately after the ratification of the present treaty by the President of the United States, and in case that of the First the Consul shall have been previously obtained, the commissary of the French Republic shall remit all military posts of When the commisaries of United States shall have possession. 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. ARTICLE 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. ARTICLE VII. United States to execute certain Indian treaties. and Spain laden with their respective countries entitled to same privileges as As it is reciprocally advantageous to the commerce of France and the United States to encourage the communication of both na- Vessels of France tions for a limited time in the country ceded by the present the productions of treaty, until general arrangements relative to the commerce of both nations may be agreed on; it has been agreed be- Vessels of United tween the contracting parties, that the French ships coming States, &c. 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 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. vilege during said During the space of time above mentioned, no other nation shall have a right to the same privileges in the ports of the ceded No other vessels territory; the twelve years shall commence three months entitled to same priafter the exchange of ratifications, if it shall take place in period. 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 the produce and merchandize of the United States, or any right they may have to make such regulations. ARTICLE VIII. In 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. ARTICLE IX. Vessels of France to be upon the footing of those of the most tions. favored na The particular convention signed this day by the respective ministers, Convention pro. ment of debts to citi to be ratified when this is. having for its object to provide for the payment of debts viding for the pay due to the citizens of the United States by the French Rezens of United States public prior to the 30th Septr. 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. Another convention to be ratified at the same time. ARTICLE X. The present treaty shall be ratified in good and due form, and the ratifications shall be exchanged in the space of six months ratifications must be after the date of the signature by the Ministers Plenipotentiary, or sooner if possible. In what tune the exchanged. 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 Floréal, in the eleventh year of the French Republic, and the 30th of April, 1803. ROBT. R. LIVINGSTON. [L. S.] L. S. F. BARBÉ MARBOIS. L. S. FRANCE, 1803. CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE FRENCH REPUBLIC. CONCLUDED APRIL 30, 1803. 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 everything 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 Plenipotentiary 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 following articles: United States en ARTICLE I. The Government of the United States engages to pay to the French Government, in the manner specified in the following article, Bage to pay 60.000, 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. 000 francs to France, &c. |