The American Diplomatic Code Embracing a Collection of Treaties and ...

Art. 4. Reciprocal duties the basis of this treaty, page

5. Sound, or the Belt, duties, no higher than the most favored nations,
6. Iceland, the Ferroe Islands, and Greenland, possessions excepted in this article .
7. Both parties may dispose of their effects, &c. on paying the usual duties

8. Consuls and Vice Consuls received in all ports open to foreign commerce

9. Rights, privileges, and immunities of Consuls and Vice Consuls

451

10. Consuls, and persons attached to their service, exempt from military duty

No. 2. Convention between the United States of America and his Majesty the
King of Denmark, signed at Copenhagen, the 28th March, 1830.

Treaty of Indemnity. Negotiators.

453

Art. 1. Renunciation of American claims by Denmark,

454

And $650,000 to be paid to the citizens of the United States, 2. As follows,
Interest to be added,

1831, March, $216,66667, September $216,666 67, 1832, September, $216,666 67 ib

3. Board of three Commissioners to decide on claims,

456

Documents to be delivered up by Denmark,

4. Claims definitively settled, 5. Limited object of this treaty, 6. Ratification,

1. Treaty of amity and commerce, of the 6th of February, 1778, negotiated at Paris,
by C. A. Gerard, on the part of France, and B. Franklin, Silas Deane, and
Arthur Lee, on the part of the United States. Ratified by Congress on the 4th
of May, 1778. Annulled by act of July 7, 1798....

.. page 34

Rules relative to correspondence and commerce to be established
Each party at liberty respecting interior regulations, &c. and to admit other nations to a
participation of the same advantages...

Art. 1. Firm and inviolable peace, and true and sincere friendship beween both parties........
2. Favors of commerce, &c. granted to other nations, to be common to both
3. French subjects to enjoy in U.S. ports the same benefits as the most favored nations.. ib
4. C. States citizens to enjoy in the ports of France, in Europe, the same benefits
5. Exemption of 190 sols. p. ton, except, &c-U.S. may establish countervailing duties
6. Vessels belonging to U. S. to be protected in French ports, &c.....

7. French vessels to be protected by the armed vessels of the United States......
8. France to employ its good offices with the Barbary powers in behalf of the U.S....
9. Fishing reciprocally prohibited to each party, in places occupied by the other........
The fishing exclusion to be governed by indulgences granted to other nations.....
10. The rights of France to be respected, by the U. States, with respect to fishing near
Newfoundland, as established by the treaties of Utrecht and Paris .....

11. U. S. citizens exempt from escheat, dying aliens in France-the like privilege to be
enjoyed by French subjects dying within the U. States...

12. Suspected ships entering ports of an enemy, compelled to exhibit their papers...... 42
13. Mode of proceeding, in relation to vessels having on board contraband goods...... ib
14. Goods belonging to the citizens or subjects of either party, on board enemy ves-

sels liable to confiscation, &c....

15. Mutual guarantee against injuries from the armed vessels of either party...........
16. Ships and merchandise rescued from pirates to be restored

17. Free entrance allowed to prizes made by either party, into each other's ports. ..
Enemy cruisers against one party not allowed to remain in ports of the other....
18. Relief to be granted, by each party, to the shipwrecked vessels of the other
19. Citizens & subjects, of either party, obliged, by necessity, to take refuge in others ports ib

Art. 20. Six months allowed after the declaration of war, between the parties, for the sale

and transportation of the property of their citizens or subjects, page........... 46
21. The citizens of each party prohibited from taking commissions from a third party to
cruise against each other

22. Foreign privateers, at enmity with one of the parties, not be allowed to fit their ships
or sell prizes in the United States or France

23. Free trade allowed to one party with the enemy of the other-free ships make free
goods-all persons on board, except soldiers, to be protected...

.......

24. Contraband of war designated-descrimnation as to goods not contraband.......
25. In case of war, sea-letters, passports, aud certificates, to be furnished, &c......... 52
26. Optional, with vessels of either party, in the ports of the other, to unload........
27. The visit of an armed ship, of either party, meeting a merchantman of one of the par-

ties at sea, to be made in a boat manned by two or three men only, the armed ves-
sel remaining out of reach of cannon shot

28. Search of goods to take place before they are put on board
29. Each party allowed to have consuls in the ports of the other

30. Free ports to be allowed in France to U. States citizens, who may continue to trade

to the free ports in the West Indies

51. Ratifications to be exchanged in six months

Rescinded articles

2. Of alliance, of the 6th of February, 1778, negotiated at Paris by C. A. Gerard,
on the part of France, and B. Franklin, Silas Deane, and Arthur Lee. Ratified
by Congress on the 4th May, 1778. Annulled by act of July 7, 1798.... page 60
Made to cement the mutual interests, and to guard against British hostility towards
France, either in commerce or navigation, in a manner contrary to the rights of na-
tions-union of efforts and councils

Art. 1. In case of war between France and Great Britain, the cause to be common

...

2. The main object of the alliance declared to be to maintain the absolute independence
of the United States of America

60
ib

3. Each party to act as it may deem proper to the annoyanee of the common enemy.... ib
4. Both parties to act in concert; and a convention to regulate amount of succour......
5. British possessions in America, or Bermuda, if reduced, to belong to the U. States ... 62
6. Renunciation of all claim, by France, to the North American possessions and the Ber-
mudas; which prior to the treaty of 1763, or by that treaty, were acknowledged to
belong to the British crown

7. France to possess islands taken in or near the Mexican gulf..

8 Neither party to make peace, without the consent of the other-Arms not to be laid
down, until the independence of the U. States shall have been secured by treaty
that shall terminate the war..

9. No after claims, whatever may be the event of the war

10. Other powers may be invited to make common cause against G. Britain

11. Mutual guarantee of possessions and sovereignty

12 Explanation of the extent of the mutual guarantee of possessions and sovereignty... ib

3. Contract concerning the loan and repayment of money, of the 16th of July, 1782,
made at Versailles, by Gravier de Vergennes, on the part of France, ce. and B.
Franklin, on the part of the United States. Ratified by Congress, January 22,
1783. Obsolete.

Motives for making a particular statement of the amount of pecuniary aid furnished by

the French government and the manner of repayment by the U. S of America 66
Art. 1. Amount and items of the various loans, at 5 per cent. interest

2. Loans to be repaid in 12 equal annual instalments

3. Abatement of interest

4. Interest to diminish in proportion to payments, which may be anticipated ....

5. Loan made by France, in the Netherlands acknowledged to be for the use of the U.S. ib

Art. 6. Engagement of France to repay this loan, acknowledged to have been made upon the
pledge of Congress to repay it into the royal treasury, at Paris, page........... 68

7. Agreement, upon the faith of Congress, to repay the loan in Holland, at the French
treasury, in 10 annual payments with 4 per cent. interest

8. Interest on the Holland loan, for 5 years preceding the first term of payment of the
principle, to be paid by the U. States into the royal treasury at Paris

...

4. Convention concerning consuls, and vice consuls, of the 14th of November, 1778;
negotiated at Versailles, by L. C. de Montmorin, on the part of France, and
Thomas Jefferson, on the part of the United States. Annulled by act of July
7, 1798

Art. 1. Consuls to present commissions, and receive exequatur without cost

2. Exempt from personal service in the community

3. May establish agents where necessary their consular functions

4. May establish a chancery for the deposite of their official papers

5. Rights, authority, and duties of consuls

6. Consuls shall receive declarations and reports from captains of losses at sea

7. Dities of consuls in cases of shipwreck .....

8. Police to be exercisel by consils, over the vessels of their nation

9. Consuls may arrest deserters from the vessels their nation

10. Citizens or subjects a nenable for crines to the laws of the co intry .........

11. O fenders may be seized and arrested on board their vessels

12. Diferences between citizens of either party to be a ljisted by consuls without fees..
13. The benefit of trib inds, for settling disputes in relation to connerse, open treich is
14. Alien citizens, or subjects, to be exe not from personal service

15. If consuls of other nations obtain privileges, from either party, they are common to both 82
16. This convention to be in forse for 12 years, from the ratristio 13....

5. Convention for terminating differences, of the 30th of September, 1800; negotia-
ted at Paris, by Oliver Ellsworth, Wm. Richardson Davie, Wm. Vans Mur-
ray, on the part of the United States, and Joseph Bonaparte, Charles P. С.
Fleurieu, and Pierre Louis Rhœderer, on the part of France. Ratified provi-
sionally, on the 18th of February, 1801, and declared to have been finally rati-

fied on the 21st of December, 1801. Expired...

Art. 1 Firm and inviolable peace between both parties........

2. Treaties of Feb. 1778, and convention of Nov. 14, 1778, aunulled....
S. Captured public ships to be restored...

4. Captured property not condemned, to be restored on certain proof
Form of passport-from of proof of captured vessels to be restored
Certificates required as proof in case of cargoes-To take effect from Sept. 1800 ...
5. Debts due to either party to be paid, and may be sued for
6. Free commerce between the two nations

7. Rights of devise, inheritance, etc. to be enjoyed, mutually, without naturalization ....
8. In case of war 6 months allowed for the removal of property

10. Commercial agents may be reciprocally appointed, but to be officially recognized, &c. ib
11. No higher duties to be paid by either party than those paid by the most favored na-

tions-on the part of France this stipulation is limited to Europe

12. Free trade allowed to an enemy port-notice of blockade before captures .........
13. Contraband specified-but the vessel not to be affected by such articles.........
14. Free ships make free goods, although enemy's goods

15. Goods laden on enemy's ships, after knowledge of war, to be confiscated.........
16. Merchants vessels to exhibit passports and certificates

17. In time of war, with a third power, passports. &c. required-contraband illegal ib
18. Ships to be visited by two or three men; the armed ship lying out of cannon shot reach 98

Art. 19. Merchantmen under convoy not to be visited the commander's word sufficient, p. 98
20. Receipts to be given for papers of captured ships-hatches not to be opened at sea ib
21. Captain of a captured ship not to be removed-passengers to be kindly treated.. 100
22. Prizes to be condemned only by established courts-motives to be mentioned...... ib
23. Damages done by ships of war to be made good-offenders personally liable-cap-

tains of cruisers to give bonds in a specified sum for good conduct ............
24. Armed vessels and their prizes not to pay duty, nor to be examined
25. Privateers of a third power, at enmity with one of the parties, not to refit, &c.
25. Neither pirates, nor their goods piratically taken to be harboured, &e........
27. Neither party to interfere in the fisheries of the other

...

ib
102
ib
104
ib

Limitation of this convention to 8 years-provisional ratification by U. States... 106
Ratification by France, according to the amendments of the U. States' Senate 107

6. Ceding Louisiana, of the 30th of April, 1803; negotiated at Paris, by R. R. Liv-
ingston, and James Monroe, on the part of the United States, and Barbé Mar-
bois, on the part of France. Ratified on the 21st of October, 1803 ....... 109
Desire of the parties to remove all misunderstanding in relation to the construction of
the treaty of Madrid, of the 27th of October, 1795, &c......

Art. 1. Retrocession of Louisiana by Spain to France-consideration for the same--French
title incontestable--cession from France to the U. States

2. What is included in the cession

109

110
ib

3. Inhabitants to be admitted into the union on principles of the federal constitution ... ib
4 A French commissary to receive the province from Spain & pass it over to U. States 112
5. Period of surrendering the military posts, etc. to the U. States......

6. U. States to fulfil the treaties of Spain with the Indian tribes

...

7. French and Spanish vessels, with the productions of their respective countries, enti-
tled to the same privileges, in the ports of Louisiana, as U. States vessels, from
France or Spain entering the same-object of this indulgence

...

8. After the 12 years, French ships to be on the footing of the most favored nations.... 114
9. A convention for the payment of debts to U. States citizens--and a convention relative

to definitive rule between the parties, to be ratified herewith........

7. Convention for the payment of sixty millions of francs to France, for the cession
of Louisiana, of the 30th of April 1830; negotiated at Paris, by R. R. Living-
ston and James Monroe, on the part of the United States, and Barbé Marbois,
on the part of France. Ratified on the 21st of October, 1803

Definitive regulations relative to the cession of Louisiana

........

114

116

Art. 1. U. S. engage to pay 60 mill. franes to France and satisfy certain debts to their citizens 116
2. Stock of $11, 250,000 to be created, at 6 per cent. payable in London or Paris,-prin-
cipal reimbursable at U. S. treasury in annual payments of not less than $3,000,000;
first payment to be made 15 years after ratifications exchanged

Should France sell the stock, it is to be done on the best terms for the U. States.... 118
3. Value of U. States dollar fixed at 5 livres 8 sous tournois

No. 8. Convention for the payment of the sum due by France to the United States,
negotiated at Paris, by Barbé Marbois, on the part of France, and Robert R.
Livingston and James Monroe, on the part of the U.S. Ratified Oct.21, 1803 118
Art. 1. Debts due from France prior to Dec. 30, 1800, to be paid, under certain rules...... 120-
2. Debts specified which are to be provided for ib.-3. Time and manner of payment. ib
4. Specification of debts comprehended by the preceding articles.......

5. Specification as to what cases the articles are to apply to

6. Three commissioners, to act provisionally, to be appointed by U. S. ministers
7. Commissioners to examine, and to certify claims which ought to be admitted....... ib

122

8. Also, to examine, and certify, such unprepared claims as ought to be admitted
9. Debts, with 6 per cent interest, to be paid at the treasury of the United States

Art. 10. An agent to be appointed to assist to examine claims-manner of settling disagree-

ments prescribed--claims rejected only to exonerate the United States, page... 124
11. All necessary decisions to be made within one year from date of ratifications ...... ib
12. Claims against France, since Sept 30, not to be affected by this convention

........

No. 9. Convention of navigation and commerce, of the 24th of Juue, 1822; negoti-
ated at Washington, by John Q. Adams, on the part of the United States, and
G. Hyde de Neuville, on the part of France. Ratified 12th of February, 1822.
In force until one of the parties renounce it, giving six months' notice thereof, 126

Art. 1. Importations of United States' articles, in their vessels, to pay, in France, 20 francs
per ton, over what they pay in French vessels

126

...

2. Importations of French articles in vessels of France, to pay, in the United States, $3
75 cents per ton, over and above what they pay in American vessels,
3 Goods for transit, or re-exportation, not to pay discriminating duties in either nation, ib
4. Quantities composing the ton: wines 464 gallon hogshead; brandies and other liquids,
244 galls.; silks and dry goods, in France 42, and in America 50 cubic feet; cotton
804 lbs. or 365 killogrammes; tobacco, 1,600 lbs. or 725 kilogrammes; ashes, pot and
pearl, 2,240 lbs on 1,016 kilogs; rice 1,600 lbs. 725 kilog. and all weighable arts.
2,210 lbs. or 1, 016 kilogrammes

5. Duties of tonnage, light money, &c. not to exceed in France, five franes per ton on
American vessels, and in the United States 94 cents on French vessels, .
6. Consuls and Vice Consuls of either nation, in the other, may cause the arrest of des-
erters, and detain them for three months

7. Convention to be in force two years from 1st October, 1822,--extra duties at the end
of two years. to be diminished by one fourth, and so on, from year to year, till
one of the parties shall declare the intention of renouncing it

128

130

Separate article, the extra duties levied before 21 June, 1822, to be refunded, ib

10. Convention to liberate France from all Reclamations preferred by the United
States, for unlawful Seizures, Captures, Sequestrations, Confiscations, or
Destructions of their Vessels, Cargoes, or other Property. Negotiated at
Paris, on the 4th day of July, 1831; by William C. Rives, on the part of the
United States, and Horace Sebastiani, on the part of France. Ratified on
the 2d day of February, 1832

Art. 1. 25,000,000 francs to be paid to the United States for all reclamations
2. In six annual instalments-Interest at 4 per cent

3. 1,500,000 francs to be paid by the United States to France for all reclamations
4. In six annual instalments-Interest. 5. Other reclamations may be sued for, by
either party.

Reciprocal engagement to furnish documents, etc.

7. Duties on French wines-Six cents per gallon on red wines; and ten cents for white
wines, in casks; other wines 22 cents in bottles-Limited to ten years-Reclama-
tions relative to 8th article of treaty of cession of Louisiana, abandoned-Same
duties on long, as on short staple cottons. 8. Ratifications

GREAT BRITAIN.

1. Provisional articles of peace; of the 30th of November 1782; negotiated at Paris,
by Richard Oswald, on the part of Great Britain, and John Adams, Benjamin
Franklin, John Jay, and Henry Laurens, on the part of the United States.-
Sanctioned by Congress on the 11th of April, 1783

....

Art. 1. His Britannic majesty acknowledges the United States sovereign and independent
2. Boundaries of the United States and their territories, defined and admitted

524

226
ib
ib

5. The United States to have the right to take fish on the Grand and other banks of New-
foundland; in the gulf of St. Lawrence, on the coast of Newfoundland, and to dry
and cure them, for the present, in the unsettled bays, harbors and creeks of Nova
Scotia, Magdalen Islands, and Labrador

227

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