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The obligations contained in the present treaty, in nothing annul those which are expressed in the treaty of alliance signed at St. Ildefonso, on the 2d Fructidor, year 4, (18th of August, 1796;) on the contrary they unite with new ties the interests of the two powers, and confirm the stipulations of the treaty of alliance in all the cases to which they can be applied.
The ratifications of the present preliminary articles shall be completed and exchanged in the period of one month, or sooner if possible, counting from the date of the signing of the present treaty.
In faith of which, we, the undersigned, ministers plenipotentiary of the French Republick, and of H. C. M. by virtue of our respective powers, have signed the present preliminary articles, and have affixed our seals.
Done at St. Ildefonso, the 9th Vendimiaire, 9th year of the French Republick, (1st October, 1800.) (Signed)
ALEXANDER BERTHIER, (Signed)
MARIANO LUIS DE URQUIJO.
CONVENTION FOR THE PAYMENT OF THE PURCHASE OF LOUISIANA.
Concluded April 30, 1803; ratification advised by the Senate October
20, 1803; ratified by the President October 21, 1803; ratifications erchanged October 21, 1803; proclaimed October 21, 1803. (Treaties and Conventions, 1889, p. 334.)
Under this convention a stock amounting to $11,250,000 was created to be paid, with 6 per cent interest, in annual payments of not less than $3,000,000, the first payment to commence after fifteen years from the exchange of ratifications. (See U. S. Stats., Vol. 2, p. 215.)
Concluded April 30, 1803; ratification advised by the Senate October
20, 1803; ratified by the President October 21, 1803; ratifications exchanged October 21, 1803; proclaimed October 21, 1803. (Treaties and Conventions, 1889, p. 335.)
The convention provided for the payment of claims of United States citizens against France, not to exceed 60,000,000 francs. The commission organized under the convention held its first meeting July 5, 1803, and adjourned December 1, 1804.
CONVENTION OF NAVIGATION AND COMMERCE.
Concluded June 24, 1822; ratification advised by the Senate January
31, 1823; ratified by the President February 12, 1823; ratifications exchanged February 12, 1823; proclaimed February 12, 1823. (Treaties and Conventions, 1889, p. 343.)
I. Extra duties by American vessels. VI. Deserters from ships.
ties. IV. Ton described.
VIII. Ratification. V. Shipping charges.
Separate article. Refund of extra duties. The United-States of America, and His Majesty the King of France and Navarre, being desirous of settling the relations of Navigation and Commerce between their respective Nations, by a temporary Convention reciprocally beneficial and satisfactory, and thereby of leading to a more permanent and comprehensive arrangement, have respectively furnished their full powers in manner following, that is to say: The President of the United States to John Quincy Adams, their Secretary of State; and His Most Christian Majesty to the Baron Hyde de Neuville, Knight of the Royal and Military Order of S Louis, Commander of the Legion of Honor, Grand Cross of the Royal American Order of Isabella the Catholic, His Envoy extraordinary and Minister plenipotentiary near the United States; Who, after exchanging their full powers, have agreed on the following Articles.
Articles of the growth, produce, or manufacture, of the United States, imported into France in vessels of the United-States, shall pay an additional duty, not exceeding twenty francs per ton of merchandise, over and above the duties paid on the like articles, also of the growth, produce, or manufacture, of the United States when imported in French vessels.
ARTICLE 2. Articles of the growth, produce, or manufacture of France, imported into the United States in French vessels, shall pay an additional duty not exceeding three dollars and seventy-five cents per ton of merchandise over and above the duties collected upon the like articles, also of the growth, produce or manufacture of France, when imported in vessels of the United States.
No discriminating duty shall be levied upon the productions of the soil or industry of France, imported in French bottoms into the Ports of the United States for transit or re-exportation.
Nor shall any such duties be levied upon the productions of the soil or industry of the United-States, imported in vessels of the UnitedStates into the ports of France for transit or re-exportation.
The following quantities shall be considered as forming the ton of merchandise for each of the Articles hereinafter specified:
Wines-four 61 gallon-hogsheads or 244 gallons of 231 cubic inches American measure.
Brandies—and all other liquids, 244 gallons.
Silks, and all other dry goods, and all other articles usually subject to measurement: forty two cubic feet French in France, and fifty cubic feet American measure in the United-States.
Cotton—804" avoirdupois or 365 kilogrammes.
And for all weighable articles, not specified, 2,240 avoirdupois, or 1,016 kilogrammes.
The duties of Tonnage, light money, Pilotage, Port-charges, brokerage and all other duties upon foreign shipping, over and above those paid by the national shipping in the two Countries respectively, other than those specified in Articles 1 and 2 of the present Convention, shall not exceed in France, for vessels of the United States, five francs per ton of the vessel's American register, nor, for vessels of France in the United States, ninety four cents per ton of the vessel's French passport.
The contracting parties, wishing to favor their mutual commerce, by affording in their Ports every necessary assistance to their respective vessels, have agreed that the Consuls and Vice-Consuls may cause to be arrested the sailors being part of the crews of the vessels of their respective Nations, who shall have deserted from the said vessels, in order to send them back and transport them out of the country. For which purpose the said Consuls and Vice-Consuls shall address themselves to the Courts, Judges and officers competent, and shall demand the said deserters in writing, proving by an exhibition of the registers of the vessel, or ship's roll, or other official Documents, that those men were part of the said crews; and on this demand so proved (saving however where the contrary is proved) the delivery shall not be refused; and there shall be given all aid and assistance to the said Consuls and Vice-Consuls for the search, seizure and arrest of the said deserters, who shall even be detained, and kept in the prisons of the country, at their request and expense, until they shall have found an opportunity of sending them back. But if they be pot sent back within three months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause."
ARTICLE 7. The present temporary Convention shall be in force for wo years from the first day of October next, and even after the expiration of that term, until the conclusion of a definite Treaty, or until one of the parties shall have declared its intention to renounce it; which declaration shall be made at least six months beforehand.
a See Article 9, p. 271.
And in case the present Arrangement should remain without such declaration of its discontinuance by either party the extra duties specified in the 1st and 24 Articles shall, from the expiration of the said two years, be on both sides diminished by one-fourth of their whole amount, and, afterwards by one-fourth of the said amount from year to year, so long as neither party shall have declared the intention of renouncing it as above stated.
The present Convention shall be ratified on both sides, and the ratifications shall be exchanged within one year from the date hereof, or sooner if possible. But the execution of the said Convention shall commence in both countries on the first of October next, and shall be effective, even in case of non-ratification, for all such vessels as may have sailed bona fide for the Ports of either Nation, in the confidence of its being in force.
In faith whereof, the respective Plenipotentiaries have signed the present Convention, and have thereto affixed their seals, at the city of Washington, this 24th day of June, A. D. 1822. [SEAL.]
John QUINCY ADAMS. (SEAL.]
G. HYDE DE NEUVILLE.
The extra-duties levied on either side before the present day, by virtue of the act of Congress of 15 May 1820, and of the Ordinance of 26 July of the same year, and others confirmatory thereof, and which have not already been paid back, shall be refunded.
Signed and Sealed as above, this 24th day of June 1822. [SEAL.]
JOHN QUINCY ADAMS. (SEAL.
G. HYDE DE NEUVILLE.
CONVENTION AS TO CLAIMS AND DUTIES ON WINES AND COTTON.
Concluded July 1, 1831; ratification advised by the Senate January 27, 1832; ratified by the President February 2, 1832; ratifications erchanged February 2, 1832; proclaimed July 13, 1832. (Treaties and Conventions, 1889, p. 345.)
By this convention France agreed to pay to the United States in settlement of all claims of United States citizens 25,000,000 francs, and the United States agreed to pay in settlement of claims of the French Government and people 1,500,000 francs. Other claims not included in the provisions of the treaty were to be brought before the appropriate authorities in either country.
Federal cases: Frevall v. Bashe, 14 Pet., 95; Gray v. U. S., 21 Ct. Cls., 340.
Concluded November 9, 1843; ratification advised by the Senate Fb
ruary 1, 1844; ratified by the President February 2, 1844; ratifications exchanged April 12, 1844; proclaimed April 13, 1844. (Treaties and Conventions, 1889, p. 348.)
I. Delivery of accused. II. Extraditable crimes. III. Delivery.
V. Political crimes, etc.
The United States of America and His Majesty the King of the French having judged it expedient, with a view to the better administration of justice, and to the prevention of crime within their respective territories and jurisdictions, that persons charged with the crimes hereinafter enumerated, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up; the said United States of America and His Majesty the King of the French have named as their Plenipotentiaries to conclude a Convention for this purpose; that is to say, the President of the United States of America, Abel P. Upshur, Secretary of State of the United States, and His Majesty the King of the French, the Sieur Pageot, Officer of the Royal Order of the Legion of Honor, his Minister Plenipotentiary, ad interim, in the United States of America; who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles:
It is agreed that the High Contracting Parties shall, on requisitions made in their name, through the medium of their respective Diplomatic Agents, deliver up to justice persons who, being accused of the crimes enumerated in the next following article, committed within the jurisdiction of the requiring party, shall seek an asylum, or shall be found within the territories of the other: Provided, That this shall be done only when the fact of the commission of the crime shall be so established as that the laws of the country in which the fugitive or the person so accused shall be found would justify his or her appre. hension and commitment for trial, if the crime had been there committed.
ARTICLE II. Persons shall be so delivered up who shall be charged, according to the provisions of this Convention, with any of the following crimes, to wit: Murder, (comprehending the crimes designated in the French Penal Code by the terms, assassination, parricide, infanticide and poisoning,) or with an attempt to commit murder, or with rape, or with forgery, or with arson, or with embezzlement by public officers, when the same is punishable with infamous punishment.a
a See Additional Article, 1845, p. 267, and Additional Article, 1858, p. 273. Federal case: In re Metzger, 5 How., 176.