ARTICLE VII.-Property of citizens of one nation in the territory of the other. See Article XI. of the treaty of amity and commerce of 1778. ARTICLE VIII.-See Plan of Treatise, XXIII. ARTICLE IX.-(Debts not to be confiscated.) "Neither the debts due from individuals of the one nation to individuals of the other, nor shares, nor monies, which they may have in public funds, or in the public or private banks, shall ever, in any event of war or of national difference, be sequestered or confiscated." ARTICLE X. permits the appointment of commercial agents (consuls); and ARTICLE XI. forbids discrimination in duties, as in the former treaty. ARTICLE XII.-Neutrals are allowed to trade with the enemy in goods not contraband; and further in respect to Blockades, it is stipulated that vessels sailing for a blockaded port in ignorance of the blockade shall not be detained till after a notice is given. ARTICLE XIII.-Gives a list of contraband goods, agreeing in the main with that in the treaty of 1778, with the exception that horses are not included. ARTICLES XIV. and XV. declare for "free ships, free goods," and enemy ships, enemy goods, as in the plan of treaties. ARTICLES XVI., XVII., and XVIII. provide for proofs of the nationality of vessels, protection of neutral ships, in time of war, and regulations for the right of search. ARTICLE XIX.-Neutral vessels under convoy are not subject to visitation and search. ARTICLES XX. and XXI. provide certain rules for the protec tion of persons and property in the case of the capture of neu tral vessels. ARTICLE XXII.-Prize courts are only competent to have cognizance of prize causes. ARTICLE XXIII.-Provides for indemnification for damages by men of war and privateers. Commanders of privateers shall hereafter be obliged to give security in the sum of seven thousand dollars, or if the ship be provided with above one hundred and fifty seamen, in the sum of fourteen thousand dollars, to satisfy all damages. ARTICLE XXIV.-The ships of war of one nation to be admitted with their prizes into ports of the other. ARTICLE XXV.-See Plan of Treaty, XXV. ARTICLE XXXVI.-With reference to pirates as in the former treaty. ARTICLE XXVII.-(Fisheries-Ratification.)-"Neither party will intermeddle in the fisheries of the other on its coasts, nor disturb the other in the exercise of the rights which it now holds or may acquire on the coast of Newfoundland, in the Gulph of St. Lawrence, or elsewhere on the American coast northward of the United States. But the whale and seal fish eries shall be free to both in every quarter of the world. "This convention shall be ratified on both sides in due form, and the ratifications exchanged in the space of six months, or sooner, if possible. "In faith whereof the respective Plenipotentiaries have signed the above articles both in the French and English languages, and they have thereto affixed their seals: declaring, nevertheless, that the signing in the two languages shall not be brought into precedent, nor in any way operate to the prej udice of either party. "Done at Paris the eighth day of Vendémiaire of the ninth year of the French Republic, the thirtieth day of September, anno Domini eighteen hundred. "J. BONAPARTE. "O. ELLSWORTH. "The Senate of the United States did, by their resolution of the 3d day of February, 1801, consent to and advise the ratification of the convention: Provided, The second article be expunged, and that the following article be added or inserted: 'It is agreed that the present convention shall be in force for the term of eight years from the time of the exchange of the ratifications.' “Bonaparte, First Consul, in the name of the French people, consented on the 31st July, 1801, to accept, ratify, and con firm the above convention, with the addition importing that the convention shall be in force for the space of eight years, and with the retrenchment of the second article: Provided, That by this retrenchment the two States renounce the respective pretensions, which are the object of the said article.' "These ratifications, having been exchanged at Paris on the 31st of July, 1801, were again submitted to the Senate of the United States, which on the 19th of December, 1801, declared the convention fully ratified, and returned it to the President for promulgation." 1 1 This treaty ended the controversy between France and the United States, begun in 1793, which had resulted in actual hostilities in 1798. The origin of this controversy was the refusal of the United States to carry out the stipulations of the 11th and 12th articles of the treaty of Alliance of 1778, and a difference of interpretation as between the two governments of the rights of consuls under the treaty of 1788. The United States adopted a policy of neutrality in the war between France and England; and refused to permit privateers to be fitted out in American ports, in the interest of France, or to allow French consuls to erect prize courts in the United States. The treaty of 1794 with England (“ Jay's treaty") gave further umbrage to France. The 25th article of this treaty gave the same right to English vessels to bring their prizes into American ports that was granted to French vessels by the 17th article of the treaty of commerce of 1778. By Jay's treaty, moreover, England was permitted to include as contraband certain articles that were plainly not of that nature (Article XVIII); and in general the United States, it was asserted, had sacrificed the French alliance in favor of England. From this state of affairs the two nations drifted rapidly into a quasi war; and by act of July 7, 1798, Congress declared the previous treaties with France null and void. All attempts to negotiate had failed, until the year 1800, when Napoleon having changed his policy, consented to the negotiation of the treaty of that year. By striking out the 2d article and accepting Napoleon's proviso, the United States renounced all claims of their citizens for indemnity from France for property illegally captured and condemned before the signing of the treaty; and thereupon virtually assumed the responsibility for the payment of those claims. On the part of France, Napoleon's proviso had the effect of assenting to the abrogation of the previous treaties. The renunciation of claims was therefore an equivalent for the nullification of those treaties. (See Opinion of the Court of Claims delivered by Judge JOHN DAVIS, May 17, 1886.) FRANCE, 1803. TREATY FOR THE CESSION OF LOUISIANA TO THE UNITED STATES. Concluded April 30, 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 Vendémiaire, 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: ARTICLE I. "Whereas by 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 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." FRANCE, 1803. CONVENTION FOR PAYMENT OF SIXTY MILLIONS OF FRANCS BY THE UNITED STATES. ARTICLE I. "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. ARTICLE II.—“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 yearly in London, Amsterdam, or Paris, amounting by the half year, to three hundred and thirty-seven thousand |