Conventions
Treaty of the Lousiana Purchase
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 of the Convention of the 8th Vendémiaire
on 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 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
Whereas by the Article the third of the Treaty concluded at St Ildefonso
the 9th Vendémiaire on 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.
Article 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.
Article 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.
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 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.
Article 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.
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
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 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.
Article 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.
Article 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 Vendé 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.
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 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]
Barbé Marbois [seal]
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