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france.txt
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1995-11-28
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1803
AMERICAN HISTORICAL DOCUMENTS
TREATY WITH FRANCE
TREATY WITH FRANCE FOR THE CESSION OF LOUISIANA, CONCLUDED AT PARIS,
APRIL 30, 1803; RATIFICATION ADVISED BY SENATE, OCTOBER 20, 1803;
RATIFIED BY PRESIDENT OCTOBER 21, 1803; RATIFICATIONS EXCHANGED AT
WASHINGTON OCTOBER 21, 1803; PROCLAIMED OCTOBER 21, 1803.
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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 Vendemiaire, an 9 (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 Barbs Marbois, Minister of the
Public Treasury; who, after having respectively exchanged their full
powers, have agreed to the following articles:
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ARTICLE I
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Whereas by the article of the third of the treaty concluded at St.
Idelfonso, the 9th Vendemiaire, 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
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
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 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.
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ARTICLE II
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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, 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.
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ARTICLE III
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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 the rights, advantages, and immunities of citizens of
the United States; and in the meantime they shall be maintained and
protected in the free enjoyment of their liberty, property, and the
religion which they profess.
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ARTICLE IV
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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.
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ARTICLE V
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Immediately after the ratification of the present treaty by the
President of the United States, and in case that of the First Consul
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.
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ARTICLE VI
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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.
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ARTICLE VII
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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 the 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 the 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-the produce and merchandize of the United States,
or any right they may have to make such regulations.
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ARTICLE VIII
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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.
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ARTICLE IX
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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 Septr., 1800, (8th Vendemiaire, 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.
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ARTICLE X
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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.
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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 [L. S.]
JAS. MONROE [L. S.]
F. BARBE MARBOIS [L. S.]