The Louisiana Purchase opened up the western expansion of
the United States. In 1803 Thomas Jefferson instructed his
special envoy Robert Livingston to negotiate with the French
for access to the port of New Orleans once it was learned that
the Spanish were in the process of ceding the territory back
to the French. The possibility for Americans to ship goods
down the Mississippi River and from there transship the
products to the eastern seaboard or other parts of the world
determined the economic future of the new settlers in the Ohio
Valley region. Napoleon, embroiled in a war with Great
Britain for dominance over Europe, decided to sell Louisiana
after the slave revolt on Haiti. His plan had initially been to
use Louisiana as the breadbasket for the slaves on his sugar
plantations. Livingston agreed to the $15 million purchase
price without authorization, but the Senate ratified the
treaty anyway.
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 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 & 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 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 the 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]
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 Barbé Marbois: who, in
virtue of their full powers, which have been exchanged this
day, have agreed to the following articles:
Article 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.
Article 2
For the payment of the Sum of Sixty millions of francs
mentioned in the preceding 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 yearly 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.
Article 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 if 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]
Barbé 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 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 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 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 com-
prised 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]