FRANCE. 1778. TREATY OF AMITY AND COMMERCE." Concluded at Paris February 6, 1778; ratified by Congress May 4, 1778. (Treaties and Conventions, 1889, p. 296.) This treaty, abrogated by the act of Congress July 7, 1798, consisted of thirty-one articles, and in many important respects formed the basis of subsequent treaties of commerce. 1778. TREATY OF ALLIANCE. Concluded at Paris February 6, 1778; ratified by Congress May 4, 1778. (Treaties and Conventions, 1889, p. 307.) This treaty, consisting of twelve articles, provided for an alliance to carry on the war with Great Britain, for the sovereignty of the lands to be acquired as the result of the war, and the guaranty of the French possessions in America and the dominions of the United States. An additional article was agreed to at the same time reserving to the King of Spain the right to participate in the two treaties. This additional article was also ratified by Congress May 4, 1778. (Treaties and Conventions, 1889, p. 309.) By an act of Congress approved July 7, 1798, the treaties with France then in force were abrogated. 1782. CONTRACT FOR THE REPAYMENT OF LOANS MADE BY THE KING OF FRANCE. Concluded July 16, 1782; ratified by Congress January 22, 1783. (Treaties and Conventions, 1889, p. 310.) Under this contract the United States pledged itself to pay in twelve equal annual installments of 1,500,000 livres each the amount of the indebtedness to the King of France, which was 18,000,000 livres. It was also agreed to pay the loan obtained from Holland of 10,000,000 livres in ten annual payments. a Federal cases: Glass v. "The Betsey," 3 Dall., 6; Geyer v. Michel 3 Dall., 285; Moodie v. "The Phoebe Anne," 3 Dall., 319; Chirac v. Chirac, 2 Wheat., 259; Carneal v. Banks, 10 Wheat., 181; British Consul v. “The Favorite," Bee's Adm. Rep., 39; Stannick v. "The Friendship," Bee's Adm. Rep., 40; Salderonde v. "The Nostra Signora del Camino," Bee's Adm. Rep., 43; Williamson v. "The Betsey," Bee's Adm. Rep., 67; British Consul v. "The Mermaid," Bee's Adm. Rep., 69; Bolchos v. Slaves, Bee's Adm. Rep., 74; Gray v. U. S., 21 Ct. Cl., 340; Hooper v. U. S., 22 Ct. Cl., 408; "The Brig William," 23 Ct. Cl., 201; "The Venus," 27 Ct, Cl., 116. 1783. CONTRACT FOR A NEW LOAN AND THE REPAYMENT OF THE OLD Concluded February 25, 1783; ratified by Congress October 31, 1783. (Treaties and Conventions, 1889, p. 314.) By this agreement 6,000,000 livres were to be loaned the United States from the royal treasury in the course of the year, and to be repaid in six annual installments beginning in 1797. It was also agreed that the payments under the contract of 1782 should commence in 1787. 1788. CONSULAR CONVENTION. Concluded November 14, 1788; ratification advised by the Senate July 29, 1789; ratified by the President September 9, 1789; ratifications exchanged January 6, 1790 (dated January 1, 1790); proclaimed (Treaties and Conventions, 1889, p. 316.) This convention of sixteen articles was abrogated by the act of July 7, 1798. Federal case: U. S. v. Lawrence, 3 Dall., 42. 1800. a TREATY OF PEACE, COMMERCE, AND NAVIGATION. " Concluded September 30, 1800; ratification advised by the Senate with amendments February 3, 1801; ratified by the President February 18, 1801; ratified by the First Consul of France on condition of acceptance of amendments proposed by him July 31, 1801; ratifications exchanged July 31, 1801; proclaimed December 21, 1801. (Treaties and Conventions, 1889, p. 322.) This treaty consisted of twenty-seven articles and expired by its own limitations July 31, 1809. a Federal cases: U. S. v. "The Peggy," 1 Cranch, 103; Chirac v. Chirac, 2 Wheat., 259; De Geofroy v. Riggs, 133 U. S., 258; Gray v. U. S., 21 Ct. Cl., 340; Cushing r. U. S., 22 Ct. Cl., 1; Hooper v. U. S., 22 Ct. Cl., 408; "The Schooner Jane," 23 Ct. Cl., 226; "The Ship Tom," 29 Ct. Cl., 68. 1903. TREATY FOR THE CESSION OF LOUISIANA. Conchuled April 30, 1803; ratification advised by the Senate October 20. 1803; ratified by the President October 21, 1803; ratifications erchanged October 21, 1803; proclaimed October 21, 1803. (Treaties and Conventions, 1889, p. 331.) (This treaty although executed is given on account of its historical value in defining the extent of the cession.) ARTICLES. I. Cession of the colony of Louisiana. II. Extent of cession. III. Citizenship to inhabitants. IV. Transfer of territory. V. Assumption of possession. VI. Treaties with Indians. VII. Privileges to French and Spanish VIII. Most favored nation clause. 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 Vendémiaire an 9 relative to the rights claimed by 8th Į 30 September In 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. Idelfonso the 1st October 1800 9th Vendémiaire an 9 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 Federal cases: Foster v. Neilson, 2 Pet., 253; Soulard v. U. S., 4 Pet., 511; Delassus v. C. S., 9 Pet., 117; New Orleans v. De Armas, 9 Pet.. 224; Smith v. U. S., 10 Pet.. 326; New Orleans v. U. S., 10 Pet., 662; Strother v. Lucas. 12 Pet., 410; Garcia v. Lee, 12 Pet., 511; Keene v. Whitaker, 14 Pet., 170: Chouteau v. Eckhart, 2 How., 344; Pollard v. Hagan, 3 How., 212; McDonogh v. Millaudon, 3 How., 693; U. S. v. King, 3 How., 773; U. S. v. Reynes, 9 How., 127; Davis v. Police Jury of Concordia, 9 How., 280; C. S. v. D'Auterive, 10 How., 609; U. S. v. Philadelphia and New Orleans, 11 How., 609; U. S. v. Turner, 11 How., 663; U. S. v. Lynde's Heirs, 11 Wall., 632; Slidell v. Grandjean, 111 U. S., 412; Bryan v. Kennett, 113 U. S., 179; Josephs v. C. S., 1 Ct. Cl., 197, 2 Ct., Cl., 586; Gray v. U. S., 21 Ct. Cl., 340; "The Ship Tom," 29 Ct. Cl., 68; Iowa v. Rood, 187 U. S., 87. S. Doc. 318, 58-2—17 "of the conditions and stipulations herein relative to his Royal High"ness the Duke of Parma, the Colony or Province of Louisiana with "the same extent that it now has in the hands of Spain, & that it had "when France possessed it; and such as it should be after the Trea"ties subsequently entered into between Spain and other States." a 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. ART: 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 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. ART: 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 the 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. ART: 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 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. ART: 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 a For full text of agreement see page 260. 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. ART: 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 ART: 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 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 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. ART: 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 ART: 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 Vendémiaire an 9) is approved and to have its execution in the same manner as if it had been inserted in this present |