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opinion that any debt is not completely proved, or if he shall judge that it is not comprised in the principles of the fifth article above mentioned, and if, notwithstanding his opinion, the bureaux 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 claims, so far as it concerns itself.
Art. 11. Every necessary decision shall be made in the course of a year, to commence from the exchange of ratification, and no reclamation shall be admitted afterwards. Art. 12.
In case of claims for debts contracted by the Government of France with citizens of the United States since the 8th Vendemiaire, 9th year, (September 30th, 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.
Art. 13. The present convention shall be ratified in good and due form, and the ratification shall be exchanged in six months from the date of 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 both day of Floreal, IIth year of the French republic, (30th of April, 1803.)
ROBERT R. LIVINGSTON,
F. BARBÉ MARBOIS. -Reprinted from American State Papers, Foreign Relations, Vol. II., p. 508.
THE PRESIDENT AUTHORIZED TO TAKE
POSSESSION OF LOUISIANA.
BIBLIOGRAPHY AND REFERENCES.
U. S. Statutes at Large, Vol. II., p. 245; Annals of Congress, 8th Cong., ist Sess., passim. Henry Adams' History of the United States, Vol. II., p. 119; Tucker's History of the United States, Vol. II., p. 199.
AN ACT TO ENABLE THE PRESIDENT OF THE UNITED
STATES TO TAKE POSSESSION OF THE TERRITORIES CEDED BY FRANCE TO THE UNITED STATES, BY THE TREATY CONCLUDED AT Paris, ON
THIRTIETH OF APRIL LAST; AND FOR THE TEMPORARY GOVERNMENT THEREOF.1
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby authorized to take possession of, and occupy the territory ceded by France to the United States, by the treaty concluded at Paris, on the thirtieth day of April last, between the two nations; and that he may for that purpose, and in order to maintain in the said territories the authority of the United
1 For a discussion of the power of the General Government to provide government for territories compare the leading cases of: Sere v. Pitot, 6 Cranch, 336; American Insurance Co. v. Canter, i Peters, 542; Benner v'. Porter, 9 Howard, 235; Dred Scott v. Sanford, 19 Howard, 393; National Bank v. County of Yankton, 101 U. S. 129.
States, employ any part of the army and navy of the United States, and of the force authorized by an act passed the third day of March last, intituled “An act directing a detachment from the militia of the United States, and for erecting certain arsenals,” which he may deem necessary: and so much of the sum appropriated by the said act as may be necessary, is hereby appropriated for the purpose of carrying this act into effect; to be applied under the direction of the President of the United States.
And be it further enacted, That until the expiration of the present session of Congress, unless provision for the temporary government of the said territories be sooner made by Congress, all the military, civil and judicial powers, exercised by the officers of the existing government of the same, shall be vested in such person and persons, and shall be exercised in such manner, as the President of the United States shall direct for maintaining and protecting the inhabitants of Louisiana in the free enjoyment of their liberty, property and religion.
Approved, October 31, 1803.
THE PROCLAMATION AND ADDRESS OF
BIBLIOGRAPHY AND REFERENCES.
American State Papers, Foreign Relations, Vol. II., pp. 582-583. McMaster's History of the People of the United States, Vol. III., pp. 10-14; Hildreth's History of the United States, Vol. II., p. 492; Tucker's History of the United States, Vol. II., p. 211.
Whereas, by stipulations between the Governments of France and Spain, the latter ceded to the former the colony
and province of Louisiana, with the same extent which it had at the date of the abovementioned treaty in the hands of Spain, and that it had when France possessed it, and such as it ought to be after the treaties subsequently entered into between Spain and other States; and whereas the Government of France has ceded the same to the United States by a treaty duly ratified, and bearing date the 30th of April, in the present year, and the possession of said colony and province is now in the United States, according to the tenor of the last mentioned treaty; and whereas the Congress of the United States, on the 31st day of October, in the present year, did enact that until the expiration of the session of Congress then sitting, (unless provisions for the temporary Government of the said territories be sooner made by Congress,) all the military, civil, and judicial powers, exercised by the then existing Government of the same, shall be vested in such person or persons, and shall be exercised in such manner, as the President of the United States shall direct, for the maintaining and protecting the inhabitants of Louisiana in the free enjoyment of their liberty, property, and religion; and the President of the United States has by his commission, bearing date the same 31st day of October, invested me with all the powers, and charged me with the several duties heretofore held and exercised by the Governor General and Intendant of the province:
I have, therefore, thought fit to issue this my proclamation, making known the premises, and to declare, that the Government heretofore exercised over the said province of Louisiana, as well under the authority of Spain as of the French republic, has ceased, and that of the United States of America is established over the same; that the inhabitants thereof will 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; that, in the mean time, they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which
they profess; that all laws and municipal regulations, which were in existence at the cessation of the late Government, remain in full force; and all civil officers charged with their execution, except those whose powers have been especially vested in me, and except also such officers as have been entrusted with the collection of the revenue, are continued in their functions, during the pleasure of the Governor for the time being, or until provision shall otherwise be made.
And I do hereby exhort and enjoin all the inhabitants, and other persons within the said province, to be faithful and true in their allegiance to the United States, and obedient to the laws and authorities of the same, under full assurance that their just rights will be under the guardianship of the United States, and will be maintained from all force or violence from without or within.
In testimony whereof I have hereunto set my hand.
Given at the city of New Orleans, the 20th day of December, 1803, and of the independence of the United States of America the 28th.
WM. C. C. CLAIBORNE.
- Reprinted from American State Papers, Foreign Relations, Vol. II., p. 582.
ADDRESS TO THE CITIZENS OF LOUISIANA.
NEW ORLEANS, September 20, 1803.
FELLOW-CITIZENS OF LOUISIANA:
On the great and interesting event now finally consummated an event so advantageous to yourselves, and so glorious to united America, I cannot forbear offering you my warmest congratulations. The wise policy of the Consul of France has, by the cession of Louisiana to the United States, secured to you a connexion beyond the reach of change, and