TREATY WITH FRANCE FOR THE CESSION OF LOUISIANA
Concluded at Paris, April 30, 1803; Ratification Advised by Senate October 20, 1803; Ratified by
President October 21, 1803; Ratifications Exchanged at Washington October 21, 1803;
Proclaimed October 21, 1803.
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 (30th September, 1800) relative to the rights claimed by the United States, in virtue of the
treaty concluded at Madrid, the 27th of 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, 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 Barbe 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 of the third of the treaty concluded at St. Idelfonso, the 9th Vendemiaire,
an 9 (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 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." And 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, 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.
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, 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.
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 the rights, advantages, and immunities of citizens of the United States; and in the
meantime 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 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.
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 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 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 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 merchandize of the United States, or any right they may have to make such
regulations.
ARTICLE 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.
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 Septr., 1800, (8th Vendemiaire, 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 MinistersPlenipotentiary, 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 [L. S.]
Jas. Monroe [L. S.]
F. Barbe Marbois [L. S.]
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