|
Let's support Creole Recognition
( Double click on screen if video doesn't start )
|
One of three treaties that has annexed foreign territory to the United States.... (Three
documents are included here)
|
A....the formal treaty of cession, |
B....a convention
for payment of 60 million francs ($11,250,000) |
C... a second convention
for claims of 20 million francs ($3,750,000) made by American citizens
against France.) |
|
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 o f the Convention of the 8th Vendémiaire
and 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.
|
Americas' Broken Promise and a Breach of Treaty
Prior to the Louisiana Purchase Treaty Louisiana was a French Colony and it's Inhabitants were subjects under the French Crown and were Citizens of France . Napolean fighting a War in Europe, fighting a Uprising in it's Caribbean Colonies and under pressure from the new Nation of America, found it necessary to relinquish it's Louisiana Possession to the Americans...
What possessed him to make such a decision is to this day debatable, but, non the less he did ...However, being concerned for his French subjects, he specifically insisted that the Americans insert in the treaty, provisions that would allow his Subjects the Freedoms they enjoyed under French Rule, namely Article lll ..
From the beginning of America's take over this Provision was intentionally overlooked and not enforced, because to do so would conflict with Americas' enslavement policies.., That provision ,to this date, has never been enforced and that breach , by any court of law, in the International Community constitutes a breach of Treaty and answerable to the international Courts of law...When will Justice be done ??
|
|
Whereas by the Article the third
of the Treaty concluded at St Ildefonso the 9th Vendémiaire
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 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 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 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.
In the cession made by the preceding
article areincluded 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 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....Americas' violation of the treaty is clearly demonstrated in 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
|
\
This constitutes a Gross violation by The United States Government and a Denial of the treaty rights that all of the People of the annexed territory were entitled too..............
|
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 UnitedStates.
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.
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.
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 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 t he produce
and merchandize of the United States, or any right they may have
to make Such regulations.
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.
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
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.
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 bythe 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]
BarbéMarbois [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 Plenipotentiary
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 followings articles:
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 independent
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.
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 y early 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 Government 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 favor in the greatest degree possible the credit of the
United States, and to raise to the highest price the Said Stock.
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 compliance 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.
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.
The debts provided for by the preceding
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.
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.
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/
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 Vendémiaire an 9/30th September 1800 the payment of
which has been heretof ore 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 foreigner s, 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.
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.
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 t he exceptions
contained in the present Convention.
The Same agents shall likewise examine
the claims which are not prepared for liquidation, and certify
in writing those which in their judgment ought to be admitted
to liquidation.
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.
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.
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.
In case of claims for debts contracted
by the Government of France with citizens of the United States
Since the 8th Vendémiaire 9th year/30 September 1800 not
being comprised in this Convention may be pursued, and the payment
demanded in the same manner as if it had not been made.
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]
(Texts: The National Archives at
http://www.nara.gov/exhall/originals/)
© 1996 THE WEST FILM PROJECT
and WETA
Developed by Lifetime Learning Systems
|
|
|
|