ACQUISITION OF LOUISIANA BY THE UNITED STATES.1 BIBLIOGRAPHY AND REFERENCES. U. S. Statutes at Large, Foreign Treaties, Vol. VIII., p. 200; Poore's Constitutions and Charters, Pt. I., p. 687; American State Papers, Foreign Relations, Vol. II., pp. 506-583; American State Papers, Miscellaneous, Vol. I., pp. 344-356; Annals of Congress, 7th Cong., 2nd Sess., Appendix, pp. 1003-1210; Annals of Congress, 8th Cong., 1st Sess. passim; French's Historical Collections of Louisiana, passim. Narrative and Critical History of United States, Vol. V., pp. 1-78; Stoddard's Sketches of Louisiana; Marbois' History of Louisiana; Gayarre's History of Louisiana: Von Holst's Constitutional History of the United States, Vol. I., pp. 184–192; Henry Adams' History of the United States, Vol. I., pp. 423-446, and Vol. II., pp. 25–115; Schouler's History of the United States, Vol. II., pp. 36–52; Tucker's History of the United States, Vol. II., pp. 193-205; Hart's Formation of the Union, pp. 185-187; Hildreth's History of the United States, Vol. II., pp. 478-482; McMaster's History of the People of the United States, Vol. II., pp. 621-633, and Vol. III., pp. 1–9. 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 Vendemiaire, an 9,) September, 30, 1800, relative to the rights claimed by the United States, in virtue of the treaty concluded at Madrid, the 27th 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, 1 For a discussion of the power of the United States to acquire territory see American Insurance Co. v. Canter, 1 Peters 542. 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: Art. I. Whereas, by the article the third of the treaty concluded at St. Ildefonso, (the 9th Vendemiaire, an 9,) October 1, 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 is now 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: Apd 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, 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. Art. 2. 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 dependencies, 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. 3. 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.1 Art. 4. 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 dependencies in the name of the French republic, if it has not been already done, as to transmit it, in the name of the French public, to the commissary or agent of the United States. Art. 5. 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 the military posts of New Orleans, and other parts of the ceded territory, to the commissary or commissaries named by the President to take possession of the troops, whether of France or Spain, In reference to this article of the treaty Chief Justice Marshall said: "This article obviously contemplates two objects. One, that Louisiana shall be admitted into the Union as soon as possible, on an equal footing with the other States; and the other, that, till such admission, the inhabitants of the ceded territory shall be protected in the free enjoyment of their liberty, property and religion. Had any one of these rights been violated while these stipulations continued in force, the individual supposing himself to be injured might have brought his case into this court under the twenty-fifth section of the judiciary act. But this stipulation ceased to operate when Louisiana became a member of the Union, and its inhabitants were admitted to the enjoyment of all the rights, advantages and immunities of citizens of the United States."-New Orleans v. De Armas, 9 Peters, 224. Compare with dissenting opinion of Justice Curtis in the case of Dred Scott v. Sanford, 19 Howard 630. Undoubtedly a misprint, and should be “Republic.” 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. 6. The United States promise to excute 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. 7. 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 or 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 the merchandise, or other or greater tonnage than there 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 merchandise of the United States, or any right they may have to make such regulations. Art. 8. In future and forever, after the expiration of the twelve years, the ships of France shall be treated upon the footing of the most favored nations in the ports above mentioned. Art. 9. 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 of September, 1800, (8th Vendemiaire, an 9,) is approved, and to have its execution in the same manner as if it had been inserted in the 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. Art. 10. The present treaty shall be ratified in good and due form, and the ratification 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 put their seals. Done at Paris, the 10th day of Floreal, in the 11th year of the French republic, and the 30th April, 1803. ROBERT R. LIVINGSTON, F. BARBÉ MARBOIS. -Reprinted from American State Papers, Foreign Rela tions, Vol. II., p. 507. |