Dubuque, selling and delivering to him this day, as abovementioned. In presence of the Frenchmen who attend us, who are witnesses to this writing. At the Prairie du Chien, in full council, the 22d September, 1788. BLONDEAU, BASIL PIAR, his x mark, QUIRNEAU TOBAGUE, his x mark, JOSEPH SONTIGNY, witness. To his Excellency the Baron de Carondelet. The most humble petitioner, to your excellency, named Julien Dubuque, having made a settlement upon the frontiers of your government, in the midst of the Indian nations who are the inhabitants of the country, has bought a tract of land from these Indians and the mines it contains, and by his perseverance has surmounted all obstacles, as expensive as they were dangerous, and, after many voyages, has come to be the peaceable possessor of a tract of land on the western bank, to which he has given the name of "Mines of Spain," in commemoration of the government to which he belongs. As the place of the settlement is but a point, and the different mines which he works are scattered at a distance of more than three leagues from each other; your most humble petitioner prays your excellency to be pleased to grant him the peaceable possession of the mines and lands, that is to say, from the coasts, above the little river Maquauquetois, to the coasts of the Mesquabemanque, which forms about six leagues on the west bank of the Mississippi, by a depth of three leagues; which demand your most humble petitioner ventures to hope your goodness will be pleased to grant him. I beseech this same goodness, which forms the happiness of so many, to endeavour to pardon my style, and to be pleased to accept the pure simplicity of my heart, in default of my eloquence. I pray heaven, with the whole of my power, that it may preserve, and may load you with its benefits, and I am and shall be all my life your excellency's most humble, most obedient, and most submissive servant. New Orleans, 22d October, 1796. J. DUBUQUE. *559] Let information be given by the merchant Don Andrew Todd, on the nature of this demand. THE BARON DE CARONDELET. SENOR GOVERNOR, In compliance with your superior order, in which you command me to give information on the solicitation of the individual interested in the foregoing memorial, I have to say, that as to the land for which he asks, nothing occurs to me why it should not be granted, if you find it convenient, with the condition nevertheless, that the grantee shall observe the provisions of his majesty relating to the trade with the Indians; and that this be absolutely prohibited to him, unless he shall have my consent in writing. New Orleans, 29th Oct. 1796. New Orleans, 10th November, 1796. ANDREW TODD. Granted as asked, under the restrictions expressed in the information given by the merchant Don Andrew Todd. THE BARON DE CARONDELET. Translation of the Register of the United States, in the district of Kaskaskia. Pierre Dugne de Bois Briant, knight of the military order of St. Louis, and first king's lieutenant of the province of Louisiana, commanding at the Illinois, and Marc Antoine de la Loire des Ursins, principal secretary for the royal India company. On the demand of Charles Danie, to grant him a piece of land of five arpents in front, on the side of the Mitchiagamia river, running north and south, joining to Michel Philip on one side, and on the other to Meleque, and in depth east and west to the Mississippi. In consequence, they do grant to the said Charles Danie (in soccage) the said land, whereon he may, from this date, commence working, clearing and sowing, in expectation of a formal concession, which shall be sent from France by Messrs. the directors of the royal India company; and the said land shall revert to the domain of the said company, if the said Charles Danie does not work thereon within a year and a day. Signed by Bois Briant, and Des Ursins, the tenth day of May, 1722. I do certify the foregoing to be a true copy from a paper filed in my office. Witness my hand and seal, this 31st day of December, 1804. Recorded in book B. page 16. ROBERT MORRISON. The foregoing is a copy of the translation remaining on record in my office, in translation book A. page 86 and 87. MICHL. JONES, Register. TREATIES, CONTRACTS, AND CONVENTIONS, CONCLUDED AT DIFFERENT PERIODS BETWEEN THE UNITED STATES OF AMERICA AND FRANCE, UP TO THE YEAR 1814. * [75] No. 1. Treaty of amity and commerce between the United States of America and his most christian majesty. Treaty of Amity and Commerce. Treaty establishing the rules of correspondence and commerce between the United States and France. Each party at liberty respecting interior regulations, &c. and to admit other nations, to a participation of benefits. The most christain king, and the thirteen United States of North America, to wit: New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, willing to fix in an equitable and permanent manner, the rules which ought to be followed relative to the correspondence and commerce which the two parties desire to establish, between their respective countries, states, and subjects, his most christain majesty, and the said United States, have judged that the said end could not be better obtained than by taking, for the basis of their agreement, the most perfect equality and reciprocity, and by carefully avoiding all those burthensome preferences which are usually sources of debate, embarrassment and discontent; by leaving also each party at liberty to make, respecting commerce and navigation, those interior regulations which it shall find most convenient to itself; and by founding the advantage of commerce solely upon reciprocal utility, and the just rules of free intercourse; reserving withal to each party the liberty of admitting at its pleasure, other nations to a participation of the same advantages. It is in the spirit of this intention, and to fulfil these views, that his said majesty, having named and appointed for his plenipotentiary, Conrad Alexander Gerard, royal syndic of the city of Strasbourg, secretary of his majesty's council of state; and the United States on their part, having fully empowered Benjamin Franklin, deputy from the state Treaties between the United States and France. 421 of Pennsylvania to the general congress, and president of the convention of said state; Silas Deane, late deputy from the [ *76 ] state of Connecticut to the said congress, and Arthur Lee counsellor at law; the said respective plenipotentiaries, after exchanging their powers, and after mature deliberation, have concluded and agreed upon the following articles. Firm and inviolable peace, &c. ART. 1. There shall be a firm, inviolable, and universal peace, and a true and sincere friendship between the most christain king, his heirs, and successors, and the United States of America; and the subjects of the most christian king and of the said states; and between the countries, islands, cities, and towns, situate under the jurisdiction of the most christian king, and of the said United States, and the people and inhabitants of every degree, without exception of persons or places; and the terms herein after mentioned shall be perpetual between the most christian king, his heirs, and successors, and the said United States. Favours of commerce and navigation, granted to other nations, to be common to the United States and France, on the same conditions. ART. 2. The most christian king and the United States, engage mutually not to grant any particular favour to other nations, in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same favour freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional. The subjects of France to enjoy in the ports of the United States, in relation to duties and rights, the same benefits that are allowed to the most favoured nations. ART. 3. The subjects of the most christian king shall pay in the ports, havens, roads, countries, islands, cities, or towns, of the United States, or any of them, no other or greater duties, or imposts of what nature soever they may be, or by what name soever called, than those * which the nations most favoured are or shall be [ *77 ] obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce, whether in passing from one port in the said states to another, or in going to and from the same, from and to any part of the world, which the said nations do or shall enjoy. The citizens of the United States to enjoy in the ports of France, in Europe, the benefits allowed to the most favoured nations, with respect to duties and rights of trade. ART. 4. The subjects, people, and inhabitants of the said United States, and each of them, shall not pay in the ports, havens, roads, isles, cities, and places under the domination of his most christian majesty, in Europe, any other or greater duties or imposts, of what nature soever they may be, or by what name soever called, than those which the most favoured nations are or shall be obliged to pay; and they shall enjoy all the rights, liberties, privileges, immunities, and exemptions in trade, navigation, and commerce, whether in passing from one port in the said dominions, in Europe, to another, or in going to and from the same, from and to any part of the world, which the said nations do or shall enjoy. Exemption of 100 sols per ton, except in the French coasting trade. The United States at liberty to establish countervailing duties. ART. 5. In the above exemption is particularly comprised the imposition of one hundred sols per ton, established in France on foreign ships; unless when the ships of the United States shall load with the merchandise of France for another port of the same dominion, in which case the said ships shall pay the duty above mentioned so long as other nations the most favoured shall be obliged to pay it. But it is understood that the said United States, or any [88]* of them, are at liberty, when they shall judge it proper, to establish a duty equivalent in the same case. Vessels and effects belonging to citizens of the United States, to be protected in French ports, and by French ships of war, whilst in company. ART. 6. The most christian king shall endeavour, by all the means in his power, to protect and defend all vessels and the effects belonging to the subjects, people, or inhabitants of the said United States, or any of them, being in his ports, havens, or roads, or on the seas near to his countries, islands, cities, or towns, and to recover and restore to the right owners, their agents or attorneys, all such vessels and effects, which shall be taken within his jurisdiction; and the ships of war of his most christian majesty, or any convoy sailing under his authority, shall, upon all occasions, take under their protection all vessels belonging to the subjects, people, or inhabitants of the said United States, or any of them, and holding the same course, or going the same way, and shall defend such vessels as long as they hold the same course, or go the same way, against all attacks, force, and violence, in the same manner as they ought to protect and defend the vessels belonging to the subjects of the most christian king. French vessels and effects to be protected, &c. by the armed vessels of the United ART. 7. In like manner, the said United States, and their ships of war, sailing under their authority, shall protect and defend, conform[89] able to the tenor of the preceding article, all the vessels and effects belonging to the subjects of the most christian king, and use all their endeavours to recover, and cause to be restored, the said vessels and effects that shall have been taken within the jurisdiction of the said United States, or any of them. |