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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 incontestible 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.

ART. 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 dependencies, 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.

ART. 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 mean time they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.

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ART. V. Immediately after the ratification of the present treaty by the President of the United States, and in case that of the First Consul shall have been previously obtained, the commissary of the French Republic shall remit all the military posts of New Orleans, and other parts of the ceded territory, to the commissary or commissaries named by the President to take possession; the troops, whether of France or Spain, who may be there, shall cease to occupy any military post from the time of

taking possession, and shall be embarked as soon as possible, in the course of three months after the ratification of this treaty.

ART. VI. The United States promise to execute such treaties and articles as may have been agreed between Spain and the tribes and nations of Indians, until, by mutual consent of the United States and the said tribes or nations, other suitable articles shall have been agreed upon.

ART. VII. As it is reciprocally advantageous to the commerce of France and the United States to encourage the communication of both nations for a limited time in the country ceded by the present treaty, until general arrangements relative to the commerce of both nations may be agreed on; it has been agreed between the contracting parties, that the French ships coming directly from France or any of her colonies, loaded only with the produce and manufactures of France or her said colonies; and the ships of Spain coming directly from Spain or any of her colonies, loaded only with the produce or manufactures of Spain or her colonies, shall be admitted during the space of twelve years in the ports of New Orleans, and in all other legal ports of entry within the ceded territory, in the same manner as the ships of the United States coming directly from France or Spain, or any of their colonies, without being subject to any other or greater duty on merchandize, or other or greater tonnage than that paid by the citizens of the United States.

During the space of time above mentioned, no other nation shall have a right to the same privileges in the ports of the ceded territory... it is however well understood that the object of the above article is to favor the manufactures, commerce, freight and navigation of France and of Spain, so far as relates to the importations that the French and Spanish shall make into the said ports of the United States, without in any sort affecting the regulations that the United States may make concerning the exportation of the produce and merchandize of the United States, or any right they may have to make such regulations.

ART. VIII. In future and forever after the expiration of the twelve years, the ships of France shall be treated upon the footing of the most favored nations in the ports above mentioned.

ART. IX. The particular convention signed this day by the

respective ministers,' having for its object to provide for the payment of debts due to the citizens of the United States by the French Republic, prior to the 30th of September, 1800, (8th Vendémiaire, an. 9,) is approved, and to have its execution in the same manner as if it had been inserted in this present treaty; and it shall be ratified in the same form and in the same time, so that the one shall not be ratified distinct from the other.

Another particular convention 2 signed at the same date as the present treaty relative to a definitive rule between the contracting parties is in the like manner approved, and will be ratified in the same form, and in the same time, and jointly.

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No. 66. Embargo Act

December 22, 1807

THE provisions in the treaty of 1794 with Great Britain relative to neutral commerce expired by limitation in 1806. April 18, 1806, Congress passed an act prohibiting the importation of certain articles from Great Britain and her colonies after Nov. 15; but Dec. 19 the act was suspended until July 1, 1807. Great Britain also refused to give up her asserted right of impressment, and on Oct. 16, 1807, a proclamation was issued "for recalling and prohibiting British seamen from serving foreign Princes and States." In a message of Dec. 18, 1807, transmitting a copy of this proclamation, Jefferson urged the attention of Congress to "the advantages which may be expected from an inhibition of the departure of our vessels from the ports of the United States." A bill for an embargo was at once introduced in the Senate, and passed that body the same day, by a vote of 22 to 6. On the 21st the bill with amendments passed the House, by a vote of 82 to 44; on the 22d the amendments were concurred in by the Senate, and the act was approved. An act of April 22, 1808, authorized the President to suspend the embargo acts in the event of peace or suspension of hostilities between the European belligerents.

REFERENCES. Text in U. S. Stat. at Large, II., 451-453. For the discussions in Congress, see the Annals, 10th Cong., 1st Sess., I., or Benton's Abridgment, III. Numerous documents relating to British depredations on American commerce during this period are in Amer. State Papers, Foreign Relations, III.: see particularly the royal proclamation of Oct. 16, 1807, ib., 25, 26; report of the Secretary of State, March 2, 1808, on impressment of 1 Text in Treaties and Conventions (ed. 1889), 335-338.-Ed.

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2 Text in Treaties and Conventions (ed. 1889), 334, 335. 3 Signed: "Robert R. Livingstone, James Monroe, F. Barbé Marbois.” — ED,

American seamen, ib., 36-79; and message of Dec. 28, 1808, transmitting orders and decrees of belligerent powers affecting neutral commerce since 1791, ib., 262–294. For the various supplementary acts of Jan. 9, March 12, April 22, and April 25, 1808, and Jan. 9, 1809, see U. S. Stat. at Large, II., 453, 454, 473-475, 490, 499-502, 506-511; for judicial decisions under the acts, ib., 451, 452. On the effect of the embargo, see Gallatin's annual report, Dec. 16, 1808, in Amer. State Papers, Finance, II., 307-309. Carey's Olive Branch (ed. 1815) collects numerous documents for this period. The best general account is in Adams's United States, IV.

An ACT laying an Embargo on all ships and vessels in the ports and harbors of the United States.

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Be it enacted That an embargo be, and hereby is laid on all ships and vessels in the ports and places within the limits or jurisdiction of the United States, cleared or not cleared, bound to any foreign port or place; and that no clearance be furnished to any ship or vessel bound to such foreign port or place, except vessels under the immediate direction of the President of the United States: and that the President be authorized to give such instructions to the officers of the revenue, and of the navy and revenue cutters of the United States, as shall appear best adapted for carrying the same into full effect: Provided, that nothing herein contained shall be construed to prevent the departure of any foreign ship or vessel, either in ballast, or with the goods, wares and merchandise on board of such foreign ship or vessel, when notified of this act.

SEC. 2. And be it further enacted, That during the continuance of this act, no registered, or sea letter vessel, having on board goods, wares and merchandise, shall be allowed to depart from one port of the United States to any other within the same, unless the master, owner, consignee or factor of such vessel shall first give bond, with one or more sureties to the collector of the district from which she is bound to depart, in a sum of double the value of the vessel and cargo, that the said goods, wares, or merchandise shall be relanded in some port of the United States, dangers of the seas excepted, which bond, and also a certificate from the collector where the same may be relanded, shall by the collector respectively be transmitted to the Secretary of the Treasury. All armed vessels possessing public commissions from any foreign power, are not to be considered as liable to the embargo laid by this act,

No. 67. Non-Intercourse Act

March 1, 1809

DURING the early part of the session of 1808-9 the Federalists made unsuccessful attempts to secure the repeal of the embargo acts. In spite of its ruinous effect on American commerce, the embargo was still regarded with favor, except in New England. In February, 1809, however, the statement of J. Q. Adams regarding the dangerous condition of public feeling in New England led the Republican leaders to modify their policy. February 8 Wm. B. Giles of Virginia submitted in the Senate a resolution for the repeal of the embargo after March 4, except as to Great Britain and France, and to prohibit commercial intercourse with those nations. February 14, by a vote of 22 to 9, the resolution was agreed to, after an unsuccessful attempt, led by Bayard, to strike out the non-intercourse clause. A bill in conformity with the resolution was introduced on the 16th, and on the 21st passed the Senate by a vote of 21 to 12. A bill to the same effect had been introduced in the House Feb. 11, and was still under discussion; on the 22d, however, it was laid on the table, and the House took up the Senate bill in its place, finally passing it with amendments, on the 27th, by a vote of 81 to 40. The next day the Senate agreed to the House amendments, and March 1 the act was approved.

REFERENCES. - Text in U. S. Stat. at Large, II., 528-533. The proceedings of Congress are in the Journals, 10th Cong., 2d Sess.; for the discussions, including debates on the embargo and its enforcement, and British and French aggressions, see the Annals, or Benton's Abridgment, IV. A digest of decisions under the non-intercourse acts is in U. S. Stat. at Large, II., 528.

An ACT to interdict the commercial intercourse between the United States and Great Britain and France, and their dependencies; and for other purposes.

Be it enacted . . . That from and after the passing of this

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act, the entrance of the harbors and waters of the United States and of the territories thereof, be, and the same is hereby interdicted to all public ships and vessels belonging to Great Britain or France, excepting vessels only which may be forced in by distress, or which are charged with despatches or business from the government to which they belong, and also packets having no cargo nor merchandise on board. And if any public ship or vessel as aforesaid, not being included in the exception above mentioned, shall enter any harbor or waters within the jurisdiction of the United States, or of the territories thereof, it shall be lawful for the Presi

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