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two highest numbers on the list, the senate shall choose the Vice President; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.

3.

But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.

ARTICLE XIII.

If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honor, or shall, without the consent of congress, accept or retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them.

ARTICLE XIV.

1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

2. Congress shall have power to enforce this article by appropriate legislation.

ARTICLE XV.

1. The right of citizens of the United States to vote shall not be denied. or abridged by the United States or by any State on account of race, color or previous condition of servitude.

2. The congress shall have power to enforce this article by appropriate legislation.

TREATY OF CESSION.

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 of the convention of the 8th Vendemaire, au 9, (30 September, 1800) relative to the rights claimed by the United States in virtue of the treaty concluded at Madrid, the 27th of October, 1795, between his Catholic Majesty and the said United States, and willing to strengthen the union and friendship which, at the time of the said convention, was happily re-established between the two nations, have respectively named their plenipotentiaries, to wit: The President of the United States of America, by and with the advice and consent of 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 the name of the French people, the French citizen, Barbe 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 Vendemaire, au 9, (1st October, 1800,) between the First Consul of the French Republic and his Catholic Majesty, it was ageeed as follows: "His Catholic Majesty promises and engages on his part to retrocede 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 hands of 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 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, 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

ARTICLE 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 commissioners 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 the rights, advantages and immunities of the citizens of the United States; and in the meantime 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 dependencies 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 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 possesion, 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 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 or 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 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 merchandise, or other or greater tonnage than those 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. 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 favor the manufactures, commerce, freight and navigation of France and 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 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.

ARTICLE IX.

The particular convention signed this day by the respective ministers, having for its abjects 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 Vendemaire, 9,) is approved, and to have its execution in the same manner as if it had been inserted in the 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 definite 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 ratification 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 set their seals.

Done at Paris, the tenth day of Floreal, in the eleventh year of the French Republic, and the 30th of April, 1803.

ROBERT R. LIVINGSTON, [L. S.

JAMES MONROE,

BARBH MARBOIS,

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ORGANIC ACT OF DAKOTA.

AN ACT TO PROVIDE A TEMPORARY GOVERNMENT FOR THE TERRITORY OF DAKOTA,

AND TO CREATE THE OFFICE OF SURVEYOR-GENERAL THEREIN.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled:

That all that part of the territory of the United States included within the folowing limits, namely; commencing at a point in the main channel of the Red River of the North, where the forty-ninth degree of north latitude crosses the same; thence up the main channel of the same, and along the boundary of the State of Minnesota, to Big Stone Lake; thence along the boundary line of the said State of Minnesota to the Iowa line; thence along the boundary line of the State of Iowa to the point of intersection between the Big Sioux and Missouri Rivers; thence up the Missouri River, and along the boundary line of the Territory of Nebraska, to the mouth of the Niobrara, or Running Water River; thence following up the same, in the middle of the main channel thereof, to the mouth of the Keha Paha or Turtle Hill River; thence up said river to the forty-third parallel of north latitude; thence due west to the present boundary of the Territory of Washington; thence along the boundary line of Washington Territory, to the forty-ninth degree of north latitude, thence east, along said forty-ninth degree of north latitude, to the place of beginning, be, and the same is hereby, organized into a temporary government, by the name of the Territory of Dakota; Provided, That nothing in this act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said Territory, so long as such_rights_shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries and constitute no part of the Territory of Dakota, until said tribe shall signify their assent to the President of the United States to be included within the said Territory, or to affect the authority of the government of the United States to make any regulations respecting such Indians, their lands, property or other rights, by treaty, law, or otherwise, which it would have been competent for the government to make if this act had never passed; Provided, further, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said Territory into two or more Territories, in such manner and at such times as congress shall deem convenient and proper, or from attaching any portion thereof to any other Territory or State.

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