captures made during the war, compensation for those which fell under the description in France has in a great measure been given up by the late convention, and that due for the remaining few, which ought to have been satisfied by that treaty, has been eluded by some very extraordinary decisions of the Council of Prizes, or by that delay which all the claims of American citizens have hitherto met with."

In January 1803 Monroe was joined with Livingston Louisiana Cession. in the mission to France. Before he reached Paris, Bonaparte, who desired funds for the approaching war with Great Britain, had determined to sell not only New Orleans, but the whole of Louisiana. Monroe arrived in time to participate in the final negotiations, which were protracted by discussions as to the price to be paid for the cession.3 On the 30th of April 1803 a "treaty" and two "conventions" were signed. The treaty ceded Louisiana to the United States. One of the conventions provided for the payment by the United States to France of the sum of 60,000,000 francs; the other, for the payment by the United States of "debts" due by France to citizens of the United States, to an amount not to exceed the sum of 20,000,000 francs.

It is with the latter convention that we are here

Claims Commission. concerned. It provided:

1. That "debts due by France to citizens of the United States," contracted before September 30, 1800, should be paid, with interest at 6 per cent, to commence from the period when the accounts and vouchers were presented to the French Government (Article I.).

2. That the debts thus provided for were "those whose result is comprised in the conjectural note annexed to the present convention," but that claims comprised in the note but falling within any specific exception in the convention should not be admitted (Article II.).

3. That the preceding articles should comprehend no debts but such as were still due for supplies, embargoes, and prizes made at sea, in which the appeal had been properly lodged within the time mentioned in the convention of September 30, 1800 (Article IV.).

4. That the benefits of the convention should be limited

(1) To captures of which the Council of Prizes had ordered restitution and in respect of which the claimant might, in case the captors were insufficient, have recourse to the French Government (Article V.).

(2) To the debts mentioned in Article V. of the convention of September 30, 1800, the payment of which had been claimed of the government and in respect of which the creditors had a right to the protection of the United States (Article V.).

5. From the benefits of the convention there were expressly excluded(1) Prizes whose condemnation had been or should be confirmed (Article V.).

(2) 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

1 Am. State Papers, For. Rel. II. 538.

2 Am. State Papers, For. Rel. II. 475.

3 Adams's History of the United States, II. Chap. 1.

nature of their commerce ought to be regarded as domiciliated in the places where such houses exist" (Article V.).

(3) “All agreements and bargains concerning merchandise, which shall not be the property of American citizens, * saving, however, to such persons their claims in like manner as if this treaty had not been made" (Article V.).

6. For the ascertainment of the debts due under the convention, it was provided that the minister of the United States should name three persons, who should act "from the present and provisionally," and who should have power

(1) To examine, without removing the documents, the claims "already liquidated" by the French bureaus, and, if they should find such claims to be within the convention and not within any of its exceptions, to certify that the debt was due to an American citizen, and that it existed before September 30, 1800, on which certificate the creditor should be entitled to an order on the Treasury of the United States (Article VI.).

(2) To examine, without removing the documents, claims "prepared for verification," and to certify those that ought to be admitted (Article VII.). (3) Likewise to examine claims "not prepared for liquidation," and to certify in writing those that ought to be admitted to liquidation (Article VIII.).

But, in order that no improper demands might be admitted, it was provided

(4) That the commercial agent of the United States at Paris, or such other agent as the American minister should nominate, should assist at the operations of the bureaus; that if he should be of opinion that any debt was not completely proved or was inadmissible, but the bureaus "should think that it ought to be liquidated," he should report thereon to the board established by the United States, who, without removing the documents, should examine the debt and vouchers and report the result to the American minister; and that the latter should "transmit his obervations, 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" (Article X.).

It was further provided that the rejection of any claim should 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 concerned itself (Article X.).

7. It was provided that every necessary decision should be made within a year from the exchange of the ratifications of the convention, and that no claim should be admitted afterward (Article XI.).

8. It was provided that the principal and interest of the debts allowed should be discharged by the United States, by orders drawn by their minister plenipotentiary on their Treasury, which orders should be payable sixty days after the exchange of the ratifications of the treaty and conventions, and after possession of Louisiana should be given to the United States (Article III.): and finally,

9. That debts contracted by the Government of France with citizens of the United States since September 30, 1800, might be pursued in the same manner as if the present convention had not been made (Article XII.).

The ratifications of the treaty and conventions were exchanged at Washington on the 21st of October 1803.

On May 18, 1803, Livingston and Monroe signed a Appointment of Com- commission appointing James Mercer, of Virginia; missioners and Agent. Isaac Cox Barnet, of New Jersey, commercial agent of the United States at Antwerp; and William McClure, of Richmond, Virginia, as a board for the purpose of examining claims. On the 29th of June this commission was delivered to Mercer and Barnet, McClure being temporarily in England. Fulwar Skipwith, commercial agent of the United States at Paris, was appointed as agent under Article X. of the convention to assist in the examination of claims.

sioners.

Messrs. Mercer and Barnet held their first meeting Difficulties of Commis- on July 5, 1803, and recognized Nathaniel Cutting, of Massachusetts, as secretary of the board. Mr. McClure, whose stay in England was unexpectedly prolonged, took his seat at the board on the 1st of September 1803. His colleagues had already fallen into difficulties. On consideration of the convention they were of opinion that no final act could be performed by them in relation to the objects embraced by it until its ratification by the competent authorities of the United States; but, while this opinion precluded all definitive decisions on claims, they deemed themselves competent to adopt certain preparatory measures which would hasten the conclusion of their labors in the event of the convention being ratified. In attempting to do so, however, they encountered serious obstacles.

The "

"Conjectural
Note."

The second article of the convention declared, as we have seen, that the debts intended to be provided for were those whose result was comprised in the conjectural note annexed to it. To the copy of the convention which the commissioners received no such note was annexed. A paper purporting to be a copy of the conjectural note was presented to them by the agent of the United States, with the statement that he had received it from one of the American ministers. In order, however, to obtain for the document an official sanction it was sent to Messrs. Livingston and Monroe. It was subsequently returned by the former as a true copy of the note intended by the convention.

Examination of Docu

ments.

The next question that arose related to the examination of documents. The convention provided that the documents should not be removed from the bureaus of the French Government, in which they were deposited. The commissioners were therefore required to perform their labors in the French offices, where other documents were deposited and where other business of the French Government was daily transacted, or else to obtain authentic copies of the various papers which it is necessary to examine. Deeming it impossible properly to conduct their business in the public offices, they consulted the French authorities, who readily undertook to aid them in obtaining copies of such documents as were required. The performance of this work was, however, necessarily attended with delay.

The next question which the commissioners were reClassification of Claims. quired to consider was the order in which the claims should be examined and decided. By the convention three classes of claims were designated, those that were "liquidated,”

those that were "prepared for verification," and those that were "prepared for liquidation." Claims of the first class were the only ones in which the creditors were expressly entitled to an immediate order on the Treasury of the United States on the simple certificate of the commissioners that their claims came within the convention. The commissioners, therefore, directed the agent of the United States first to attend to that class of claims.

Rules of Procedure.

In accordance with this view, the commissioners on the 1st of August 1803 adopted the following rules: "BOARD OF COMMISSIONERS OF THE UNITED STATES, "Paris, Monday, August 1st, 1803.

"Present: John Mercer. Isaac Cox Barnet. "Ordered, That the following Rules and Regulations relative to the proceedings of this Board, be inserted in the Register of its transactions, viz: "1. The Claims which were at the French Bureaux for liquidation or Settlement on the 30th of April 1803, shall be the first to be examined and decided upon by this Board.

"2. The decisions to be made upon the above-mentioned Claims shall be in point of priority according to their respective places on the conjectural note annexed to the Convention-unless circumstances, should occur in particular Cases, which, in the opinion of the Board may justify their delaying to give an immediate decision; in which case they will proceed to consider some other Case next upon the said Conjectural Note.

"3. In every case to be determined, a summary statement of it drawn from all the material evidence in the possession of this Board, shall immediately precede their final decision and make a part of the Record in the Register.

4. No determination shall be finally made against any claim without giving a reasonable notice to the Claimant, his Attorney, Agent or Representative, if he is known to be in Paris.

"5. In every case where the claim shall be rejected by the Board, a copy of their opinion as stated upon this Register, shall be furnished to the Claimant, his Attorney, Agent or Representative, if he is n Paris, and his original papers, if any, in the possession of the Board, remitted to him, his Receipt for the same being first given to the Secretary to be by him filed among the Papers of this office.

"6. In every case of rejection, a similar copy may be sent to the proper Department of the French Government if required by them.

7. When any claim shall be admitted, the following shall be the form of the Certificate to be signed by the Commissioners concurring in opinion, countersigned by the Secretary and by him delivered to the Minister of the United States; each Certificate to be numbered. This form may be so varied as to suit the character of the Person in whose name it shall issue, as Principal or Representative:

"The Undersigned Commissioners do certify to the Minister Plenipotentiary of the United States at Paris, that the claim of an American Citizen and Creditor of the French Republic, having been fully examined by them, is found to belong to the Classes of claims designated in the Convention above referred to, and embraced by the principles and qualifications established in it; and that the said (or

who appears to have been regularly constituted his agent, attorney, representative or assignee, as the case may be)-is entitled to receive from the United States, under the said Convention, the sum of as principal, and the sum of - as interest now due upon, and in full of, the said claim.

"Given under their hands, and the seal of this Commission, at Paris, this day of

"8. It shall be the duty of the Secretary to keep a list of all the certificates by him delivered to the Minister of the United States, designating in the said list the number of each Certificate, its date, the party's name, as

principal, agent, attorney, representative, or assignee, as expressed in the certificate, in whose name it has issued, the principal sum and interest for which it is granted, and the day of the month when by him delivered to the Minister of the United States.

9. When either of the Commissioners shall dissent from the opinion of the other two, he shall have the right to state upon the register, his reasons, to be signed by him.

"10. Should it so happen that either Commissioner should feel himself interested in any claim that may come before the Board, he shall be at liberty to decline giving an opinion upon it; and in such case his absence from the Board may be stated in the Register, nor shall such Commissioner be required to sign the Certificate to be sent to the Minister when the Debt is admitted; or the copy of the opinion to be delivered to the claimant, when the claim shall be rejected.

"11. The Secretary will keep a list of all the claims arranged according to the respective dates at which the papers relating to them were presented to this Board by the French Department.

"He will also keep a regular account of the Expenses of the Board, taking and filing receipts for all sums paid for that purpose.

"12. The Board will meet every day, Saturdays and Sundays excepted, from the hours of eleven in the morning till four in the afternoon whenever there shall be any case undecided before them.

"JOHN MERCER. "I. Cox BARNET.

"N. B.-The documents being made a part of the Record in each case, has superceded the necessity of the Rule No. 3."

tions.

The investigations of Mr. Skipwith disclosed the Erroneous Classifica- fact that the terms of the convention, and especially the phrases "liquidated," "prepared for liquidation,” and "prepared for verification," bore no relation to the actual state of the claims in the French offices, and furnished no guide to the order in which they should be examined. Under these circumstances the commissioners deemed it their duty to establish some principle for the investigation of claims, whose operation would be uniform and just; and with that view they determined that the claims on the conjectural note ought first to be examined and decided upon, according to the dates at which they respectively originated. This opinion was concurred in by Mr. McClure, when he took his seat at the board; and on the 17th of August the commissioners made the following order:

"17TH AUGUST 1803.

"The Board having reconsidered the 2nd Article of the Rules and Regulations for its proceedings adopted under date the 1st Current as recorded Page 33, and finding by the Report of the Agent of the United States (above recorded) that the Council of Liquidation of the French Government do not consider any of the outstanding American claims as definitively liquidated, although a certain number of them have been thus denominated heretofore, as appears by the Conjectural note' alluded to in the 2nd article of the Convention under which this Board was formed; therefore

"Ordered, That the 2nd article of the Rules and Regulations above mentioned be repealed so far as it relates to the order in which it was proposed to decide on the claims; and that the said claims shall in future be examined and determined upon according to the respective years in which they originated against the French Government."

MSS. Dept. of State.