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TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE FRENCH REPUBLIC
The President of the United States of America and the First Consul of the
French Republic in the name of the French People desiring to remove all Source of misunderstanding relative to objects of discussion mentioned in the Second and fifth articles o f the Convention of the 8th Vendˇmiaire an 9/30 September 1800 relative to the rights claimed by the United States in virtue of the Treaty concluded at Madrid the 27 of October 1795, between His Catholic Majesty & the Said United States, & willing to Strengthen the union and friendship which at the time of the Said Convention was happily reestablished between the two nations have respectively named their Plenipotentiaries to wit The President of the United States, by and with the advice and consent o f the Senate of the Said States; Robert R. Livingston Minister Plenipotentiary of the United States and James Monroe Minister Plenipotentiary and Envoy extraordinary of the Said States near the Government of the French Republic; And the First Consul in th e name of the French people, Citizen Francis Barbˇ Marbois Minister of the public treasury who after having respectively exchanged their full powers have agreed to the following Articles.
Article I
Whereas by the Article the third of the Treaty concluded at St Ildefonso the 9th Vendˇmiaire an 9/1st October 1800 between the First Consul of the French Republic and his Catholic Majesty it was agreed as follows.
"His Catholic Majesty promises and engages on his part to cede to the French Republic six months after the full and entire execution of the conditions and Stipulations herein relative to his Royal Highness the Duke of Parma, the Colony or Province of Louisiana with the Same extent that it now has in the hand of Spain, & 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 United States in the name of the French Republic for ever 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.
Article II
In the cession made by the preceeding 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 & documents relative to the domain and Sovereignty of Louisiana and its dependances 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.
Article 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 these 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.
Article IV
There Shall be Sent by the Government of France a Commissary to Louisiana to the end that he do every act necessary as well to receive from the Officers of his Catholic Majesty the Said country and its dependances in the name of the French Republic if it has not been already done as to transmit it in the name of the French Republic to the Commissary or agent of the United States.
Article V
Immediately after the ratification of the present Treaty by the President of the United States and in case that of the first Consul's shall have been previously obtained, the commissary of the French Republic shall remit all 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.
Article 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.
Article 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 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 Port 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 that Space of time above mentioned no other nation Shall have a right to the Same privileges in the Ports of the ceded territory--the twelve years Shall commence three months after the exchange of ratifications if it Shall take place in France or three months after it Shall have been notified at Paris to the French Government if it Shall take place in the United States; It is however well understood that the object of the above article is to favour 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.
Article VIII
In future and for ever after the expiration of the twelve years, the Ships of France shall be treated upon the footing of the most favoured nations in the ports above mentioned.
Article 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 Sept. 1800 (8th Vendˇmiaire 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 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.
Article X
The present treaty Shall be ratified in good and due form and the ratifications Shall be exchanged in the Space of Six months after the date of the Signature by the Ministers Plenipotentiary or Sooner if possible.
In faith whereof the respective Plenipotentiaries have Signed these articles in the French and English languages; declaring nevertheless that the present Treaty was originally agreed to in the French language; and have thereunto affixed their Seals.
Done at Paris the tenth day of Floreal in the eleventh year of the French Republic; and the 30th of April 1803.
Barbˇ Marbois [seal]
Rob. R. Livingston [seal]
Jas. Monroe [seal]
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[20 June 1803]
To Captain Meriwether Lewis esq. Capt. of the 1st regimt. of Infantry of
the U.S. of A.
Your situation as Secretary of the President of the U.S. has made you acquainted
with the objects of my confidential message of Jan. 18, 1803 to the legislature;
you have seen the act they passed, which, tho' expressed in general terms,
was meant to sanction those objects, and you are appointed to carry them
into execution.
Instruments for ascertaining, by celestial observations, the geography of
the country through which you will pass, have been already provided. Light
articles for barter and presents among the Indians, arms for your attendants,
say for from l0. to 12. men, boats, tents, & other travelling apparatus,
with ammunition, medecine, surgical instruments and provisions you will
have prepared with such aids as the Scretary at War can yield in his department;
& from him also you will recieve authority to engage among our troops,
by voluntary agreement, the number of attendants above mentioned, over whom
you, as their commanding officer, are invested with all the powers the laws
give in such a case.
As your movements while within the limits of the U.S. will be better directed
by occasional communications, adapted to circumstances as they arise, they
will not be noticed here. What follows will respect your proceedings after
your departure from the United states.
Your mission has been communicated to the ministers here from France, Spain
& Great Britain, and through them to their governments; & such assurances
given them as to it's objects, as we trust will satisfy them. The country
<of Louisiana> having been ceded by Spain to France, <and
possession by this time probably given,> the passport you have from
the minister of France, the representative of present sovereign of the country,
will be a protection with all it's subjects; & that from the minister
of England will entitle you to the aid of any traders of that allegiance
with whom you may n to meet.
The obiect of your mission is to explore the Missouri river, & such
principal stream of it, as, by it's course and communication with the waters
of the Pacific ocean, whether the Columbia, Oregan, Colorado any other river
may offer the most direct & practicable water comunication across this
continent for the purposes of commerce.
Beging at the mouth of the Missouri, you will take <careful>
observations of latitude & longitude, at all remarkeable points on the
river, & especially at the mouths of rivers, at rapids, at islands,
& other places & objects distinguished by such natural marks &
characters of a durable kind, as that they may with certainty be recognised
hereafter. The courses of the river between these points of observation
may be supplied by the compass the log-line & by time, corrected by
the observations themselves. The variations of the compass too, in different
places, should be noticed.
The interesting points of the portage between the heads of the Missouri,
& of the water offering the best communication with the Pacific ocean,
should also be fixed by observation, & the course of that water to the
ocean, in the same manner as that of the Missouri.
Your observations are to be taken with great pains & accuracy, to be
entered distinctly & intelligibly for others as well as yourself, to
comprehend all the elements necessary, with the aid of the usual tables,
to fix the latitude and longitude of the places at which they were taken,
and are to be rendered to the war-office, for the purpose of having the
calculations made concurrently by proper persons within the U.S. Several
copies of these as well as of your other notes should be made at leisure
times, & put into the care of the most trust-worthy of your attendants,
to guard, by multiplying them, against the accidental losses to which they
will be exposed. A further guard would be that one of these copies be on
the paper of the birch, as less liable to injury from damp than common paper.
The commerce which may be carried on with the people inhabiting the line
you will pursue, renders a knolege of those people important. You will therefore
endeavor to make yourself acquainted, as far as a diligent pursuit of your
journey shall admit, with the names of the nations & their numbers;
the extent & limits of their possessions; their relations with other
tribes of nations; their language, traditions, monuments; their ordinary
occupations in agriculture, fishing, hunting, war, arts,
& the implements for these; their food, clothing, & domestic accomodations;
the diseases prevalent among them, & the remedies they use; moral &
physical circumstances which distinguish them from the tribes we know; peculiarities
in their laws, customs & dispositions; and articles of commerce they
may need or furnish, & to what extent. And, considering the interest
which every nation has in extending strengthening the authority of reason
& justice among the people around them, it will be useful to acquire
what knolege you can of the state of morality, religion, & information
among them; as it may better enable those who may endeavor to civilize &
instruct them, to adapt their measures to the existing notions & practices
of those on whome they are to operate.
Other objects worthy of notice will be
the soil & face of the country, it's growth & vegetable productions,
especially those not of the U.S.
the animals of the country generally, & especially those not known in
the U.S.
the remains or accounts of any which may be deemed rare or extinct;
the mineral productions of every kind; but more particularly metals, limestone,
pit coal, & saltpetre; salines & mineral waters, noting the temperature
of the last, & such circumstances as may indicate their character;
volcanic appearances;
climate, as characterised by the thermometer, by the proportion of rainy,
cloudy, & clear days, by lighning, hail snow, ice, by the access &
recess of frost, by the winds the dates at which particular plants put forth
or lose their flower, or leaf, times of appearance of particular birds,
reptiles or insects.
Altho' your route will be along the channel of the Missouri, yet you will
endeavor to inform yourself, by enquiry, of the character & extent of
the country watered by it's branches, & especially on it's Southern
side. The North river or Rio Bravo which runs into the gulph of Mexico,
and the North river, or Rio colorado which runs into the gulph of California,
are understood to be the principal streams head ing opposite to the waters
of the Missouri, and running Southwardly, Whether the dividing grounds between
the Missouri & them are mountains or flat lands, what are their distance
from the Missouri, the character of the intermediate country, &the people
inhabiting it, are worthy of particular enquiry. The Northern waters of
the Missouri are less to be enquired after, becau e they have been ascertained
to aconsiderable degree, & are still in a course ascertainment by English
traders, and travellers. But if you can learn any thing certain of the most
Northern source of the Missisipi, & the lake of the Woods, it will be
interesting to us
<Two copies of Your notes at least & as many more as leisure will
admit, should be made & confided to the care of the most trusty
individuals of your attendants> Some account too of the path of the Canadian
traders from the Missisipi, at the mouth of the Ouisconsing to where is
strikes the Missouri, & of the soil and rivers in it's course, is desireable.
In all your intercourse with the natives, treat them in the friendly &
conciliatory manner which their own conduct will admit; allay all jealousies
as to the object of your journey, satisfy them of it's innocence, make them
acquainted with the position, extent, character , peaceable & commercial
dispositions of the U.S.[,] of our wish to be neighborly, friendly &
useful to them, & of our dispositions to a commercial intercourse with
them; confer with them on the points most convenient as mutual emporiums,
and the articles of most desireable interchange for them & us. If a
few of their influential chiefs, within practicable distance, wish to visit
us, arrange such a visit with them, and furnish them with authority to call
on our officers, on their en tering the U.S. to have them conveyed to this
place at the public expence. If any of them should wish to have some of
their young people brought up with us, 8c taught such arts as may be useful
to them, we will receive, instruct & take care of them. Such a mission
whether of influential chiefs or of young people, would give some security
to your own party. Carry with you some matter of the kinepox; inform those
of them with whom you may be, of it's efficacy as a preservative from the
smallpox; & instruct & encourage them in the use of it. This may
be especially done wherever you winter.
As it is impossible for us to foresee in what manner you will be recieved
by those people, whether with hospitality or hostility, so is it impossible
to prescribe the exact degree of perseverance with which you are to pursue
your journey. We value too much the lives of citizens to offer them to probable
destruction. Your numbers will be sufficient to secure you against the unauthorised
opposition of individuals or of small parties: but if a superior force,
authorised, or not authorised by a nation, should be arrayed against your
further passage, and inflexibly determined to arrest it, you must decline
it's farther pursuit, and return. In the loss of yourselves, we should lose
also the information you will have acquired. By returning safely with that,
you may enable us to renew the essay with better calculated means. To your
own discretion therefore must be left the degree of danger you may risk,
and the point at which you should decline, only saying we wish to err on
the side of your safety, and to bring back your party conveyance safe even
if it be with less information.
As far up the Missouri as the white settlements extend, an intercourse will
probably be found to exist between them & the Spanish posts of St. Louis
opposite Cahokia, or Ste. Genevieve opposite Kaskaskia.. From still further
up the river, the traders may furnish a conveyance for letters. Beyond that,
you may perhaps be able to engage Indians to bring letters for the government
to Cahokia or Kaskaskia, on promising that they shall there recieve such
such special compensation as you shall have stipulated with them. Avail
yourself of these means to communicate to us, at seasonable intervals, a
copy of your journal, notes & observations, of every kind, putting into
cypher whatever might do injury if betrayed.
Should you reach the Pacific ocean inform yourself of the circumstances
which may decide whether the furs of those parts may not be collected as
advantageously at the head of the Missouri (convenient as is supposed to
the waters of the Colorado & Oregan or Columbia) as at Nootka sound,
or any other point of that coast; and that trade be consequently conducted
through the Missouri & U.S. more beneficially than by the circumnavigation
now practised.
On your arrival on that coast endeavor to learn if there be any port within
your reach frequented by the sea-vessels of any nation, & to send two
of your trusty people back by sea, in such way as <they shall judge>
shall appear practicable, with a copy of your notes: and should you be of
opinion that the return of your party by the way they went will be eminently
dangerous, then ship the whole, & return by sea, by the way either of
cape Horn, or the cape of good Hope, as you shall be able. As you will be
without money, clothes or provisions, you must endeavor to use the credit
of the U.S. to obtain them, for which purpose open letters of credit shall
be furnished you, authorismg you to draw upon the Executive of the U.S.
or any of it's officers, in any part of the world, on which draughts can
be disposed of, & to apply with our recommendations to the Consuls,
agents, merchants, or citizens of any nation with which we have intercourse,
assuring them, in our name, that any aids they may furnish you, shall be
honorably repaid, and on demand. Our consuls Thomas Hewes at Batavia in
Java, Wm. Buchanan in the Isles of France & Bourbon & John Elmslie
at the Cape of good Hope will be able to supply your necessities by draughts
on us.
Should you find it safe to return by the way you go, after sending two your
party round by sea, or with your whole party, if no conveyance by sea can
be found, do so; making such observations on your return, as may serve to
supply, correct or confirm those made on your outward journey.
On re-entering the U.S. and reaching a place of safety, discharge any your
attendants who may desire & deserve it, procuring for them immediate
paiment of all arrears of pay & cloathing which may have incurred since
their departure, and assure them that they shall be
recommended to the liberality of the legislature for the grant of a souldier's
portion of land each, as proposed in my message to Congress: & repair
yourself with your papers to the seat of government <to which I have
only to add my sincere Prayer for your safe return>.
To provide, on the accident of your death, against anarchy, dispersion,
& the consequent danger to your party and total failure of the enterprise,
you are hereby authorised, by any instrument signed & written in your
own hand, to name the person among them who shall succeed to the command
on your decease, and by like instruments to change the nomination from time
to time as further experience of the characters accompanying you shall point
out superior fitness: and all the powers and authorities given to yourself
are, in the event of your death, transferred to, & vested in the successor
so named, with further power to him, and his successors in like manner to
name each his successor, who, on the death of his predecessor, shall be
invested with all the powers & authorities given to yourself.
Given under my hand at the city of Washington this 20th day of June 1803-
TH: J. Pr. U.S. of A.
The Captains of the expedition, and particularly Clark, were unconcerned
about spelling the
names of their men correctly, and, others tried to join in the notoriety,
thus a true roster can never be learned.
LEWIS, Capt. Meriwether: B 18 Aug 1774 near Charlottsville, VA; parents
Wm & Lucy (Meriwether) Lewis. D 11 oct 1809; Welsh ancestry.
CLARK, 2nd Lt. William: B 1 aug 1770 near Charlottsville, VA; m lst Julia
HANDCOCK, 4 sons, 1 dau. M 2nd Harriet KENNERLY, 2 sons. D 1 Sep 1838.
Scottish Ancestry.
BRATREN See BRATTON
BRATTON, Pvt. William: B 1778 Augusta Co, VA of Irish parents; a blacksmith
& gunsmith; m in 1819; 8 sons & 2 daus. D 1841 in Waynestown,
IN.
CANE See CARSON
CANN See CARSON
CARR See CARSON
CARRN See CARSON
CARSON, Pvt. Alexander: B ca 1775 poss. MS; son of Alexander & bro.
of L@y, father
of 'Kit' CARSON: Grandparents were Wm & Eleanor (MCDUFF, MCDORF) Carson
-in PA 1725 & NC 1760; d 1836.
CAUGEE, Pvt. Charles: Listed by Clark as one of the engagees.
COALTER See COLTER
COLLINS, Pvt. John: From Frederick Co, MD; served as cook. D by 1825-28.
COLTER, Pvt. John: B ca 1775 VA; farmed with Indian wife 'Sallie" 1811
to 1813.
CROUZATT See CRUZATTE
CRUSAT See CRUZATTE
CRUSATTEE See CRUZATTE
CRUZATTE, Pvt. Pierre: 1/2 French 1/2 Omaha Indian; good boatman, waterman
& vio@; interpreter for Clark. Killed 1825-28.
DAME, Pvt. John: B 1784 Pallingham, NH; mentioned in journals, he killed
a pelican enroute to Mandans.
DECHANTS, Pvt. Baptiste: Was a 'patron' or head-water-inan.
DESCHAWS See DECHA@
DROUILLARD, Pvt. George: B Canada, 1/2 French & 1/2 Shawnee. Son of
Pierre Drouillard of Detroit. Interpreter for the expedition. Killed in
1810 by the Blackfeet.
FIELDS, Pvt. Joseph: Poss. b KY; woodsman; received military land grant,
Franklin, Mo.
FIELDS, Pvt. Ruben: Bro. to Joseph; excellent runner & woodsman. D in
KY.
FLOYD, Sgt. Charles: B 1772 KY, son of Chas. Floyd, Sr. D 20 Aug 1804 near
Omaha, NB (Only death to occur on the expedition.)
FRASURE See FRAZIER
FRAZIER, Pvt. Robert: Former fencing master, in Bratleborough, VT in 1834.
&FRAZURE See FRAZIER
GASS, Sgt. Patrick: B 12 Jun 1771, Falling Springs, PA m (age 60) to 'dau
of a judge; had 7 children. D 1 Apr 1870--99 years of age. Last survivor
of the expedition.
GOODRICH, Pvt. Silas B in MA; fisherman for the expedition. D by 1825.
GURRIDGE See GOODRICH
GUTTERAGE See GOODRICH
HALL, Pvt. Hugh B ca 1772 Carlisle, PA.
HEBERT, Pvt. Charles: Poss. son of Joseph HEBERT, a trader on the Mssouri
River.
HOWARD, Pvt. Thomas Proctor: B 1779 Brimfield, MA; m Genevive ROY, had
son in St. Louis.
LA BARTER See LA BARTEE
LA BARTEE, Pvt. Joseph: Deserted the expedition. Poss. lived at Fort Gage,
Canada among the Otoes.
LA BIRCHE, Pvt. Francois (or William): 1/2 French 1/2 Omaha; interpreter
& boatman; lived St. Louis area in 1825-28.
LA LEEBERTE See LA BARTEE
LABIECHE See LA BIRCFM
LABUCHE See LA BIRCHE
LAGUNESS See LAJUNESSE
LAJUNESSE, Pvt. Jean Baptist: Of St. Rose, Quebec, m in St. Louis 1797;
only man in party to be married. Son Basil, accompanied Fremont on lst/2nd
expeditions in 1842-43.
MABBAUF See MALBOEUF
MALBOEUF, Pvt. Etianna: Enlisted from Kaskasia.
MCNEAL, Pvt. Hugh B in PA; in infantry 1811.
NEEL See MCNEAL
NEIL See MCNEAL
NEWMAN, Pvt. John B PA son of Walter N. & Catherine (ZIMMERMAN); m
Jul 1832
Olympia DUBREUIL dau. of Antoine & Eliz. (PARAN). Killed by Sioux
in 1838.
O'NALL See MCNEAL
ORDWAY, Sgt. John: B ca 1775, Dunbarton, NH. D childless in MO ca 1817.
POTTS, Pvt. John B ca 1776 Dillenburg, Germany. Killed by Blackfeet in 1810.
PRIMAUT See PRINEAU
PRIMEAU, Pvt. Paul: M Pelagie BISSONET, sons Joseph, Emilien & Charles;
Joseph killed by Indians 1 Feb 1863; Charles had trading post at Ft.
Clark 1845-46.
PRYOR, Sgt. Nathaniel: B An-thurst Co, VA; lvd. in OK, m an Osage girl.
D 10 June 1831.
READ See REED
REED,. Pvt. Moses B. Poss. alias for John BOLEYE who deserted but was returned
in 1805.
REEVEY See RIVET
REVEY See RIVET
RIVEE See RIVET
RIVES See RIVET
RIVET, Pvt. Francois: B near Montreal in 1757; interpreter; later was with
Hudson's Bay Company. D in OR 15 Sep 1852, age 96.
ROBERTSON, Pvt. John: B ca 1780; a shoemaker; dismissed 1 month after party
began.
ROBINSON See ROBERTSON
ROI, Pvt. Peter: French-Canadian; was on Platt River by 1814.
ROY See ROI
SHANNON, Pvt. George: B 1785 PA; Protestant-Irish. Often got lost but found
way back to the expedition.
SHIELDS, Pvt. John: B in KY; gunsmith, blacksmith & boat builder for
party. Poss. m Rhoda BOWMAN in 1808.
THOMPSON, John B.: Once surveyor of Vincennes, IN; cooked for the expedition.
TUTTLE, Pvt. Ebenezer: B 1774 New Haven, CT.
WARBINGTON See WARFINGTON
WARFINGTON, Corp. Richard: B 1777 Louisberg, NC; in charge of return detachment
in 1805.
WARVINGTON See WARFINGTON
WEISER See WISER
WERNER, Pvt. William: Poss. b KY; Indian Agent for Clark; in VA 1828.
WHITE, Pvt. Isaac: B 1777 Holliston, MA
WHITEHOUSE, Pvt. Joseph: B in Fairfax Co, VA; a good tailor.
WILLARD, Pvt. Alexander: B 1777 Charlestown, NH; gunsmith & blacksmith;
m Eleanor MACDONALD, 7 sons & 5 daus. Emigrated to CA by covered
wagon. D 6 Mar 1865 near Sacramento, CA.
WINDSOR, Pvt. Richard: B & enlisted from KY, lvd. on Sagamon River,
IL in 1829.
WINSER See WINDSOR
WINSOR See WINDSOR
WISER, Pvt. Peter: Poss. desc. of Conrad WISER; killed before 1829.
WORTHING'FON See WARFINGTON
YORK: Willed to Clark by his father, 24 Jul 1799; son of 'Old York' &
'Rosa', slaves.
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