Louisiana Purchase Treaty (1803)
Citation: Louisiana Purchase Treaty, April 30, 1803; Perfected Treaties, 1778 - 1945; General Records of the United States Government, Record Group 11; National Archives Building, Washington, DC.
引用:路易斯安那购买条约,1803 年 4 月 30 日; Perfected Treaties, 1778 - 1945;美国政府总记录,记录组 11;国家档案馆,华盛顿特区。
View All Pages in the National Archives Catalog
查看国家档案目录中的所有页面
View the French Exchange Copy in the National Archives Catalog
在国家档案馆目录中查看法语交换副本
In this transaction with France, signed on April 30, 1803, the United States purchased 828,000 square miles of land west of the Mississippi River for $15 million.
在 1803 年 4 月 30 日与法国签署的这笔交易中,美国以 1,500 万美元购买了密西西比河以西 828,000 平方英里的土地。
For roughly 4 cents an acre, the United States doubled its size, expanding the nation westward.
美国以每英亩约 4 美分的价格将其国土面积扩大了一倍,国家向西扩张。
Originally, negotiators Robert Livingston and James Monroe were authorized to pay France up to $10 million solely for the port of New Orleans and the Floridas.
最初,谈判代表罗伯特·利文斯顿和詹姆斯·门罗被授权向法国支付最多 1000 万美元,仅用于新奥尔良和佛罗里达港的建设。
However, when they were offered the entire territory of Louisiana – an area larger than Great Britain, France, Germany, Italy, Spain, and Portugal combined – the American negotiators swiftly agreed to a price of $15 million.
然而,当他们获得路易斯安那州的整个领土——面积比英国、法国、德国、意大利、西班牙和葡萄牙的总和还要大时——美国谈判代表很快就同意了 1500 万美元的价格。
Although President Thomas Jefferson was generally a strict interpreter of the Constitution who wondered if the U.S. Government (and especially the President) was authorized to acquire new territory, the desire to expand the United States across the entire continent trumped his ideological beliefs.
尽管托马斯·杰斐逊总统总体上是宪法的严格解释者,他想知道美国政府(尤其是总统)是否有权获得新领土,但将美国扩张到整个大陆的愿望压倒了他的意识形态信仰。
As Napoleon threatened to take back the offer, Jefferson squelched whatever doubts he had and prepared to occupy a land of unimaginable riches.
当拿破仑威胁要收回这个提议时,杰斐逊压制住了他的所有疑虑,并准备占领这片拥有难以想象的财富的土地。
The Louisiana Purchase was the first major cession of land in a long series of expansions that span the 19th century.
路易斯安那购买案是 19 世纪一系列扩张中的第一次重大土地转让。
Within 50 years, the present-day borders of the contiguous United States would be solidified with the Gadsden Purchase.
50 年内,美国本土的现有边界将因加兹登购买案而得到巩固。
Each expansion, though greatly increasing the size of the United States, also exposed the sectional weaknesses between the North and South, especially related to the issue of slavery.
每次扩张虽然大大增加了美国的面积,但也暴露了南北之间的局部弱点,特别是与奴隶制问题有关的弱点。
As new territories and states were created, the desire to maintain a balance between "free states" and "slave states" required a series of fragile compromises (notably the Missouri Compromise and the Compromise of 1850 ).
随着新的领土和国家的创建,维持“自由国家”和“奴隶国家”之间平衡的愿望需要一系列脆弱的妥协(特别是密苏里妥协和1850年妥协)。
Eventually, as agreements became more difficult to achieve, civil war became inevitable.
最终,随着协议变得越来越难以达成,内战变得不可避免。
In addition, the Louisiana Purchase ignored the potential impact on Native Americans.
此外,购买路易斯安那州忽略了对美洲原住民的潜在影响。
The land ceded in this agreement (and later expansions) was populated with thousands of American Indians across dozens of tribes.
该协议(以及后来的扩张)中割让的土地上居住着数十个部落的数千名美洲印第安人。
As territories and states were established, more and more Americans from the East traveled west, leading to conflict with Native Americans.
随着领土和州的建立,越来越多的美国人从东方来到西方,导致与美洲原住民的冲突。
Ultimately, Native people were forcibly moved on to reservations, losing vast acreage of their tribal lands, and the U.S. Government would force them to change their ways of life and try to erase their religions and cultural heritage.
最终,原住民被迫迁移到保留地,失去了大片部落土地,美国政府将迫使他们改变生活方式,并试图消除他们的宗教和文化遗产。
The Louisiana Purchase Agreement is made up of the Treaty of Cession and the two conventions regarding the financial aspects of the transaction.
路易斯安那购买协议由割让条约和有关交易财务方面的两项公约组成。
This document is available on DocsTeach , the online tool for teaching with documents from the National Archives.
该文档可在 DocsTeach 上找到,这是一个使用国家档案馆文档进行教学的在线工具。
Find teaching activities that incorporate this document, or create your own online activity .
查找包含本文档的教学活动,或创建您自己的在线活动。
Note: The three documents transcribed here are the treaty of cession and two conventions, one for the payment of 60 million francs ($11,250,000), the other for claims American citizens had made against France for 20 million francs ($3,750,000).
注:此处转录的三份文件是割让条约和两份公约,一份是关于支付 6000 万法郎(11,250,000 美元)的公约,另一份是关于美国公民向法国提出的 2000 万法郎(3,750,000 美元)索赔的公约。
Treaty of Cession | First Convention | Second Convention
割让条约 |第一次大会 |第二次大会
TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE FRENCH REPUBLIC
美利坚合众国和法兰西共和国条约
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 of the Convention of the 8th Vendémiaire 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 of the Senate of the Said States; Robert R.
美利坚合众国总统和法兰西共和国第一领事以法国人民的名义,希望消除与第 8 届商会公约(1800 年 9 月 30 日)第 2 条和第 5 条中提及的讨论对象有关的所有误解,这些误解涉及美国根据 1795 年 10 月 27 日天主教陛下与上述美国在马德里缔结的条约所主张的权利,愿意加强在上述公约召开时两国之间愉快地重建的联盟和友谊,经上述各州参议院的建议和同意,已分别任命美国总统为全权代表;罗伯特·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 the name of the French people, Citizen Francis Barbé Marbois Minister of the public treasury who after having respectively exchanged their full powers have agreed to the following Articles.
美国全权公使利文斯顿和上述国家驻法兰西共和国政府全权公使兼特使詹姆斯·门罗;以法国人民名义的第一领事、公民弗朗西斯·巴贝·马尔布瓦和公共财政部长在分别交换全部权力后,同意以下条款。
Whereas by the Article the third of the Treaty concluded at St Ildefonso the 9th Vendémiaire an 9 (1st October) 1800 between the First Consul of the French Republic and his Catholic Majesty it was agreed as follows.
鉴于法兰西共和国第一领事和天主教陛下于 1800 年 9 月 1 日在圣伊尔德丰索第九 Vendémiaire 缔结的条约第三条,协议如下。
"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."
“天主教陛下承诺并承诺,在完全执行本文中有关帕尔马公爵殿下的条件和规定六个月后,将路易斯安那殖民地或省割让给法兰西共和国,其程度与现在在西班牙手中的程度相同,与法国占领时的程度相同;以及随后西班牙与其他国家之间签订条约后应有的程度。”
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.
根据该条约,特别是第三条,法兰西共和国对该领土拥有无可争议的所有权和占有权——法兰西共和国第一领事希望向美国提供其友谊的有力证明,特此以法兰西共和国的名义将上述领土及其所有权利和附属物以与获得时相同的方式完全和完全割让给美国。法兰西共和国根据上述与天主教陛下签订的条约。
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.
在前条所作出的割让中,包括属于路易斯安那的邻近岛屿的所有公共土地和广场、空地和所有公共建筑、防御工事、营房和其他不属于私有财产的建筑物。--与路易斯安那的领土和主权及其附属物有关的档案、文件和文件将由美国委员会保管,随后将以适当的形式将副本提供给美国委员会治安法官和市政官员可能需要的上述文件和文件。
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.
割让领土上的居民应并入合众国联邦,并根据联邦宪法的原则尽快被接纳享有合众国公民的所有这些权利、优势和豁免,同时他们在自由享有自由、财产和他们所信奉的宗教方面应得到维持和保护。
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.
法国政府应向路易斯安那派遣一名特使,以便他采取一切必要行动,以法兰西共和国的名义从天主教陛下的官员处接收上述国家及其属地,如果尚未以法兰西共和国的名义将其转交给美国的特使或代理人的话。
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.
在美国总统批准本条约后,如果第一任领事的军事哨所已事先获得,法兰西共和国的小卖部应将新奥尔良和割让领土其他部分的所有军事哨所移交给总统指定的一个或多个小卖部接管——可能在那里的法国或西班牙军队应自占领之日起停止占领任何军事哨所,并应尽快上船。该条约批准后三个月内。
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.
美国承诺执行西班牙与印第安人部落和民族之间可能已商定的条约和条款,直到美国和所述部落或民族双方同意就其他适当的条款达成一致为止。
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.
由于鼓励两国在本条约割让的国家内进行一段有限时间内的通信,直至就两国商业的一般安排达成一致,这对法国和美国的商业是互利的;缔约方之间已商定,直接来自法国或其任何殖民地的法国船舶仅装载法国或其上述殖民地的产品和制成品;直接来自西班牙或其任何殖民地且仅装载西班牙或其殖民地的产品或制成品的西班牙船舶应在十二年内进入新奥尔良港和割让领土内的所有其他合法入境港,其方式与直接来自法国或西班牙或其任何殖民地的美国船舶相同,无需缴纳任何其他或更大的商品税或比公民支付的其他或更大的吨位美国的。
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.
在上述期间内,任何其他国家均不得在割让领土的港口享有同样的特权——如果在法国进行,则十二年应在交换批准书后三个月开始;如果在美国进行,则应在巴黎通知法国政府三个月后开始;然而,众所周知,上述条款的目的是有利于法国和西班牙的制造、商业、货运和航运,就法国和西班牙应向美国上述港口进行的进口而言,不以任何形式影响美国可能制定的有关美国产品和商品出口的规定,或他们可能拥有制定此类规定的任何权利。
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.
今后,在十二年期满后,法国船舶将在上述港口享受最惠国待遇。
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.
今天由各自部长签署的特别公约,其目的是规定法兰西共和国在 9 月 30 日之前偿还欠美国公民的债务。
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.
第 1800 号条约(第 8 条和第 9 条)获得批准并以与插入本条约相同的方式执行,并且应以相同的形式并在同一时间予以批准,以便批准一项条约时不得与另一项条约不同。
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.
与本条约同一日期签署的有关缔约方之间明确规则的另一项特定公约也以同样的方式获得批准,并将以相同的形式、在同一时间、共同批准。
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.
本条约应以良好和适当的形式得到批准,批准书应在全权代表签署之日后六个月内或在可能的情况下更早交换。
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.
各全权代表以法语和英语签署了这些条款;尽管如此,声明本条约最初是用法语达成的;并在其上加盖印章。
Done at Paris the tenth day of Floreal in the eleventh year of the French Republic; and the 30th of April 1803.
法兰西共和国十一年花卉节第十天,订于巴黎; and the 30th of April 1803.
Robt R Livingston [seal] Jas.
Robt R Livingston [seal] Jas.
Monroe [seal] Barbé Marbois [seal]
Monroe [seal] Barbé Marbois [seal]
A CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE FRENCH REPUBLIC
美利坚合众国和法兰西共和国之间的公约
The President of the United States of America and the First Consul of the French Republic in the name of the French people, in consequence of the treaty of cession of Louisiana which has been Signed this day; wishing to regulate definitively every thing which has relation to the Said cession have authorized to this effect the Plenipotentiaries, that is to say the President of the United States has, by and with the advice and consent of the Senate of the Said States, nominated for their Plenipoten tiaries, Robert R.
美利坚合众国总统和法兰西共和国第一领事以法国人民的名义,根据今天签署的路易斯安那割让条约;希望明确规范与上述割让有关的所有事项,为此授权了全权代表,也就是说,美国总统经上述各州参议院的建议和同意,已提名罗伯特·R·肯尼迪为其全权代表。
Livingston, Minister Plenipotentiary of the United States, and James Monroe, Minister Plenipotentiary and Envoy-Extraordinary of the Said United States, near the Government of the French Republic; and the First Consul of the French Republic, in the name of the French people, has named as Pleniopotentiary of the Said Republic the citizen Francis Barbé Marbois: who, in virtue of their full powers, which have been exchanged this day, have agreed to the followings articles:
美国全权公使利文斯顿和美国全权公使兼特使詹姆斯·门罗在法兰西共和国政府附近;法兰西共和国第一领事以法国人民的名义,任命公民弗朗西斯·巴尔贝·马尔布瓦为上述共和国的全权代表:他凭借今天交换的全部权力,同意以下条款:
The Government of the United States engages to pay to the French government in the manner Specified in the following article the sum of Sixty millions of francs independant of the Sum which Shall be fixed by another Convention for the payment of the debts due by France to citizens of the United States.
美国政府承诺按照下条规定的方式向法国政府支付六千万法郎,该金额与另一项公约确定的法国欠美国公民债务的金额无关。
For the payment of the Sum of Sixty millions of francs mentioned in the preceeding article the United States shall create a Stock of eleven millions, two hundred and fifty thousand Dollars bearing an interest of Six percent per annum payable half yearly in London Amsterdam or Paris amounting by the half year to three hundred and thirty Seven thousand five hundred Dollars, according to the proportions which Shall be determined by the french Govenment to be paid at either place: The principal of the Said Stock to be reimbursed at the treasury of the United States in annual payments of not less than three millions of Dollars each; of which the first payment Shall commence fifteen years after the date of the exchange of ratifications:--this Stock Shall be transferred to the government of France or to Such person or persons as Shall be authorized to receive it in three months at most after the exchange of ratifications of this treaty and after Louisiana Shall be taken possession of the name of the Government of the United States.
为支付前条所述的六千万法郎,美国应设立一支一千一百万二十五万美元的股票,每年在伦敦阿姆斯特丹或巴黎支付百分之六的利息,半年总额为三十三万七千五百美元,按照法国政府确定的在任一地点支付的比例:上述股票的本金应在美国财政部每年支付不少于三百万美元;其中第一次付款应在交换批准书之日起十五年后开始:--该库存应在交换批准书后最多三个月内转让给法国政府或被授权接收的人,并在路易斯安那州以美国政府的名义占有之后。
It is further agreed that if the french Government Should be desirous of disposing of the Said Stock to receive the capital in Europe at Shorter terms that its measures for that purpose Shall be taken So as to favour in the greatest degree possible the credit of the United States, and to raise to the highest price the Said Stock.
双方进一步商定,如果法国政府希望出售上述股票,以便以较短的期限在欧洲获得资本,则应为此目的采取措施,以最大程度地有利于美国的信用,并将上述股票提高到最高价格。
It is agreed that the Dollar of the United States Specified in the present Convention shall be fixed at five francs 3333/100000 or five livres eight Sous tournois.
双方商定,本公约规定的美国美元应固定为五法郎3333/100000或五里弗八苏图努。
The present Convention Shall be ratified in good and due form, and the ratifications Shall be exchanged the Space of Six months to date from this day or Sooner it possible.
本公约应以良好和适当的形式得到批准,批准书应自即日起六个月内或尽早交换。
In faith of which the respective Plenipotentiaries 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.
本着这一信念,各全权代表以法文和英文签署了上述条款,但声明本条约最初是商定的并以法文书写;他们已在此盖章。
Done at Paris the tenth of Floreal eleventh year of the french Republic 30th April 1803 .
法兰西共和国十一年弗洛雷尔十年,1803 年 4 月 30 日,于巴黎制定。
Robt R Livingston [seal] Jas.
Robt R Livingston [seal] Jas.
Monroe [seal] Barbé Marbois [seal]
Monroe [seal] Barbé Marbois [seal]
CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE FRENCH REPUBLIC
美利坚合众国和法兰西共和国公约
The President of the United States of America and the First Consul of the French Republic in the name of the French People having by a Treaty of this date terminated all difficulties relative to Louisiana, and established on a Solid foundation the friendship which unites the two nations and being desirous in complyance with the Second and fifth Articles of the Convention of the 8th Vendémiaire ninth year of the French Republic (30th September 1800) to Secure the payment of the Sums due by France to the citizens of the United States have respectively nominated as Plenipotentiaries that is to Say The President of the United States of America by and with the advise and consent of their Senate Robert R.
美利坚合众国总统和法兰西共和国第一领事以法兰西人民的名义,于今日签订条约,结束了与路易斯安那有关的一切困难,并在团结两国的友谊的坚实基础上建立了坚实的基础,并希望遵守法兰西共和国旺德米埃尔九年(1800年9月30日)第八年公约的第二条和第五条,以确保法国向路易斯安那公民支付应付款项美国分别提名全权代表,即美利坚合众国总统,并得到参议院罗伯特·R·罗伯特·R·肯尼迪的建议和同意。
Livingston Minister Plenipotentiary and James Monroe Minister Plenipotentiary and Envoy Extraordinary of the Said States near the Government of the French Republic: and the First Consul in the name of the French People the Citizen Francis Barbé Marbois Minister of the public treasury; who after having exchanged their full powers have agreed to the following articles.
利文斯顿全权公使和詹姆斯·门罗全权公使和法兰西共和国政府附近上述国家特使:以及以法国人民名义的第一领事、公民弗朗西斯·巴贝·马布瓦、公共财政部长;在交换全权后,他们同意以下条款。
The debts due by France to citizens of the United States contracted before the 8th Vendémiaire ninth year of the French Republic (30th September 1800) Shall be paid according to the following regulations with interest at Six per Cent; to commence from the period when the accounts and vouchers were presented to the French Government.
法国在法兰西共和国九年(1800年9月30日)8th Vendémiaire 9年之前向美国公民所欠的债务应按照下列规定支付,利息为百分之六;从向法国政府提交账目和凭证之日起计算。
The debts provided for by the preceeding Article are those whose result is comprised in the conjectural note annexed to the present Convention and which, with the interest cannot exceed the Sum of twenty millions of Francs.
前条规定的债务是指其结果包含在本公约所附推定说明中的债务,其连同利息的总和不得超过两千万法郎。
The claims comprised in the Said note which fall within the exceptions of the following articles, Shall not be admitted to the benefit of this provision.
上述说明中包含的索赔属于以下条款的例外情况,不得受益于本条款。
The principal and interests of the Said debts Shall be discharged by the United States, by orders drawn by their Minister Plenipotentiary on their treasury, these orders Shall be payable Sixty days after the exchange of ratifications of the Treaty and the Conventions Signed this day, and after possession Shall be given of Louisiana by the Commissaries of France to those of the United States.
上述债务的本金和利息应由美国根据其财政部全权代表发出的命令予以清偿,这些命令应在今天签署的条约和公约交换批准书六十天后支付,并在法国人民委员部将路易斯安那州交给美国人民代表队之后支付。
It is expressly agreed that the preceding articles Shall comprehend no debts but Such as are due to citizens of the United States who have been and are yet creditors of France for Supplies for embargoes and prizes made at Sea, in which the appeal has been properly lodged within the time mentioned in the Said Convention 8th Vendémiaire ninth year, (30th Sept 1800)
双方明确同意,上述条款不包括任何债务,但诸如欠美国公民的债务,这些债务曾经是并且仍然是法国海上禁运和战利品供应品的债权人,其中上诉已在上述公约第九年(1800年9月30日)规定的时间内正确提出。
The preceding Articles Shall apply only, First: to captures of which the council of prizes Shall have ordered restitution, it being well understood that the claimant cannot have recourse to the United States otherwise than he might have had to the Government of the French republic, and only in case of insufficiency of the captors--2d the debts mentioned in the Said fifth Article of the Convention contracted before the 8th Vendémiaire an 9 (30th September 1800) the payment of which has been heretofore claimed of the actual Government of France and for which the creditors have a right to the protection of the United States;-- the Said 5th Article does not comprehend prizes whose condemnation has been or Shall be confirmed: it is the express intention of the contracting parties not to extend the benefit of the present Convention to reclamations of American citizens who Shall have established houses of Commerce in France, England or other countries than the United States in partnership with foreigners, and who by that reason and the nature of their commerce ought to be regarded as domiciliated in the places where Such house exist.--All agreements and bargains concerning merchandize, which Shall not be the property of American citizens, are equally excepted from the benefit of the said Conventions, Saving however to Such persons their claims in like manner as if this Treaty had not been made.
上述条款仅适用于,第一:战利品委员会已下令归还的捕获物,众所周知,索赔人除了可以向法兰西共和国政府求助外,不能向美国求助,并且仅在捕获者不足的情况下-2d在第8 Vendémiaire和9(1800年9月30日)之前签订的公约第五条中提到的债务迄今已向法国实际政府索要付款,债权人有权获得美国的保护;--上述第五条不包括已被谴责或应被确认的奖品:缔约方明确表示不将本公约的利益扩大到应与外国人合作在法国、英国或美国以外的其他国家建立商业机构的美国公民的收回,并因此和他们的商业性质应被视为在此类房屋存在的地方进行。--所有有关商品的协议和交易,均不属于美国公民的财产,同样不受上述公约的保护,但对这些人的索赔方式与未制定本条约的方式相同。
And that the different questions which may arise under the preceding article may be fairly investigated, the Ministers Plenipotentiary of the United States Shall name three persons, who Shall act from the present and provisionally, and who shall have full power to examine, without removing the documents, all the accounts of the different claims already liquidated by the Bureaus established for this purpose by the French Republic, and to ascertain whether they belong to the classes designated by the present Convention and the principles established in it or if they are not in one of its exceptions and on their Certificate, declaring that the debt is due to an American Citizen or his representative and that it existed before the 8th Vendémiaire 9th year (30 September 1800) the debtor shall be entitled to an order on the Treasury of the United States in the manner prescribed by the 3d Article.
为了使根据前条可能出现的不同问题能够得到公平的调查,美国全权部长应指定三人,他们应从现在起暂时采取行动,并全权审查法兰西共和国为此目的设立的各局已经清算的不同索赔的所有账目,而无需删除文件,并确定它们是否属于本公约及其所确立的原则所指定的类别,或者是否不属于其中的例外情况之一。并在他们的证书上声明该债务是欠美国公民或其代表的,并且该债务在 8th Vendémiaire 9 年(1800 年 9 月 30 日)之前就已经存在,债务人有权按照第 3d 条规定的方式向美国财政部申请命令。
The Same agents Shall likewise have power, without removing the documents, to examine the claims which are prepared for verification, and to certify those which ought to be admitted by uniting the necessary qualifications, and not being comprised in the exceptions contained in the present Convention.
同一代理人同样有权在不移走文件的情况下审查准备供核查的权利要求,并通过结合必要的资格证明应予承认的权利要求,并且不包括在本公约所载的例外情况中。
The Same agents Shall likewise examine the claims which are not prepared for liquidation, and certify in writing those which in their judgement ought to be admitted to liquidation.
该代理人还应对未准备清算的债权进行审查,并书面证明其判断应允许清算的债权。
In proportion as the debts mentioned in these articles Shall be admitted they Shall be discharged with interest at Six per Cent: by the Treasury of the United States.
按照这些条款中提到的债务应承认的比例,它们应由美国财政部以百分之六的利息予以免除。
And that no debt shall not have the qualifications above mentioned and that no unjust or exorbitant demand may be admitted, the Commercial agent of the United States at Paris or such other agent as the Minister Plenipotentiary or the United States Shall think proper to nominate shall assist at the operations of the Bureaus and cooperate in the examinations of the claims; and if this agent Shall be of the 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 Bureaus 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.
任何债务均不得具备上述资格,并且不得接受任何不公正或过高的要求,美国驻巴黎的商业代理人或全权代表或美国应指定的其他代理人应协助各局的运作并配合审查索赔;如果该代理人认为任何债务没有得到完全证明,或者如果他判断该债务不属于上述第五条的原则,并且尽管他的意见法国政府设立的各局仍认为该债务应该被清算,他应将其意见转交给美国设立的委员会,委员会应在不删除文件的情况下对债务和支持该债务的凭证进行全面审查,并将结果报告给美国部长。美国财政部长应将其对所有此类案件的意见转达给法兰西共和国财政部长,法国政府应根据财政部长的报告对每一案件做出最终决定。
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 claim So far as it concerns itself.
拒绝任何索赔除了免除美国的付款外没有其他效果,法国政府保留就其自身而言对此类索赔做出最终决定的权利。
Every necessary decision Shall be made in the course of a year to commence from the exchange of ratifications, and no reclamation Shall be admitted afterwards.
每项必要的决定均应在交换批准书之日起的一年内做出,之后不得再批准任何收回决定。
In case of claims for debts contracted by the Government of France with citizens of the United States Since the 8th Vendé miaire 9th year/30 September 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.
如果法国政府自 1800 年 9 月 30 日第 8 届 Vendé miaire 以来与美国公民签订的债务索赔未包含在本公约中,则可以按照与未付款相同的方式要求付款。
The present convention Shall be ratified in good and due form and the ratifications Shall be exchanged in Six months from the date of the Signature of the Ministers Plenipotentiary, or Sooner if possible.
本公约应以良好和适当的形式得到批准,批准书应在全权代表签字之日起六个月内交换,如果可能的话,应更早交换。
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.
本着这一信念,各全权部长以法文和英文签署了上述条款,但声明本条约最初是用法文商定和写成的,并在此加盖了印章。
Done at Paris, the tenth of Floreal, eleventh year of the French Republic.
于法兰西共和国十一年花卉节第十届巴黎完成。
30th April 1803.
1803 年 4 月 30 日。
Robt R Livingston [seal] Jas.
罗伯特·R·利文斯顿 [密封] 贾斯。
Monroe [seal] Barbé Marbois [seal]
梦露 [印章] 巴贝·马布瓦 [印章]