French Debt
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 complyance with the Second and fifth
Articles of the Convention of the 8th Vendé miaire 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 Vendé miaire 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 preceeding 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 Vendé miaire
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 Go vernment 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 Vendé miaire 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 intenti
on 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 ex cepted 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 pr esent 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 Vendé
miaire 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 the 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
judgement 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 t he 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 Vendé miaire 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]
