The Louisiana
Purchase
April 30, 1803
Montana State History Home
The 1803 Louisiana Purchase between France
and the United States gave the U.S. the territory of present-day
Montana.
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 o f the Convention of the 8th Vendémiaire
an 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 o
f 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 th e name
of the French people, Citizen Francis Barbé Marbois Minister of the
public tr easury 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 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 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
preceeding 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. Stat es.
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
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.
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.
Barbé Marbois [seal]
Rob. R. Livingston [seal]
Jas. Monroe [seal]
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