Conventions
Treaty of the Lousiana Purchase
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 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 Barbé
Marbois Minister of the public treasury; who after having exchanged their
full powers have agreed to the following articles.
Article 1
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.
Article 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.
Article 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.
Article 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 Vendémiaire ninth year, (30th
Sept 1800)
Article 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 Vendé
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 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 foreigners, 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.
Article 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 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.
Article 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 the exceptions contained in the present Convention.
Article 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.
Article 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.
Article 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 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 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.
Article 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.
Article 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.
Article 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]
Barbé Marbois [seal]
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