« PreviousContinue »
His catholic majesty having always manifested much solicitude to procure an enlargement of the territories of his royal highness the Duke of Parma, so as to place his states on a footing conformable with his dignity; and the French republic, on its part, having long since signified to his majesty the King of Spain, the desire to be again put in possession of the colony of Louisiana ; the two gove ernments having communicated to each other their views with regard to these objects of common interest, and circumstances permitting them to enter into engagements calculated to ensure, as far as relates to themselves, this mutual satisfaction; they have authorized to that effect, namely, the French republic, Citizen Alexandre Berthier, general-in-chief, and his catholic majesty, Don Mariano Louis d'Orquijo, knight of the order of Charles the Third and of that of Saint John of Jerusalem, his counsellor of state, his ambassador extraordinary and plenipotentiary near the Batavian republic, and his first secretary of state ad interim ; who, having exchanged their powers, have agreed upon the following articles, with the reserve that they are to be ratified:
Article 1. The French republic engages to procure for his royal highness the infant Duke of Parma, an enlargement of his territories in Italy, sufficient to give to his states a population of from a million to twelve hundred thousand inhabitants, with the title of king, and all the rights, prerogatives, and pre-eminences attached to the royal dignity; and the French republic engages to obtain to that effect, the assent of his majesty the emperor and king, and of the other states interested, so that his royal highness the Duke of Parma may be placed in incontestable possession of the said territories, on the conclusion of the peace between the French republic and his imperial majesty.
ARTICLE 2. The enlargement of the dominions of his royal highness the Duke of Parma, may consist of Tuscany, in case the negotiations now in progress between the French government and his imperial majesty should place that country at the disposition of the former government; it might also consist of the three Roman legations, or of any other provinces of continental Italy forming a compact state.
Article 3. His catholic majesty promises and engages, on his part, six months after the full and entire execution of the conditions and stipulations above mentioned, relative to his royal highness the Duke of Parma, to restore to the French republic the colony and province of Louisiana, in the same extent which it now has under the dominion of Spain and of other states.
ARTICLE 4. His catholic majesty will give the necessary orders for the occupation of Louisiana by France, as soon as the states composing the enlargement of the dominions of the Duke of Parma are placed in the power of his royal highness. The French republic may, however, defer taking possession of it, according to its own convenience. When the occupation is to be effected, the states directly or indirectly concerned will agree upon the ulterior conditions which may be required for their common advantage, and for that of the respective inhabitants.
ARTICLE 5. His catholic majesty engages to deliver to the French republic, in the ports of Spain in Europe, one month after the execution of the stipulation relative to the Duke of Parma, six ships of war, in good condition, pierced for seventy-four guns each, armed, equipped, and ready to receive French crews and provisions.
ARTICLE 6. As the stipulations of the present treaty have no injurious tendency, and leave the rights of all undisturbed, it cannot be expected that they should give umbrage to any power. Nevertheless, should it prove otherwise, and should the two states be attacked or menaced in consequence of their execution, the two powers engage to make common cause, in order to repel the aggression; as, also, for the purpose of taking conciliatory measures for the preservation of peace with all their neighbours.
ARTICLE 7. The engagements contained in the present treaty are in no point at variance with those set forth in the treaty of alliance signed at Saint Ildefonso on the 2d of Fructidor, year the fourth, (13th August, 1796 ;) on the contrary, they unite the interests of the two powers by new links, and they strengthen the guaranties stipulated in the treaty of alliance, with regard to all cases to which they should apply.
ARTICLE 8. The ratifications of the present preliminary articles shall be drawn up and exchanged within one month from the date of the present treaty, or earlier if possible.
In faith whereof, we, the undersigned ministers plenipotentiary of the French republic and of his catholic majesty, in virtue of our respective powers, have signed the present preliminary articles, and have affixed to them the seals of our arms. Done at Saint Ildefonso on the ninth of Vendémiaire, in the ninth
year of the French republic, (the 1st of Ooctober eighteen
[POWER.] In the name of the French people, Bonaparte, first consul of the republic, upon the report of the minister of foreign relations, decrees as follows:
General Alexandre Berthier is authorized to conclude and sign a convention between the French republic and his catholic majesty the king of Spain, relative to an increase of the states of the Duke of Parma in Italy; he is, for that purpose, invested with full powers to treat with the person whom his majesty the King of Spain may charge to negotiate with him upon all points relative to that object.
The minister of foreign relations is charged with the execution of the present decree.
Done at Paris on the twenty-seventh of Thermidor, in the eighth year of the French republic.
BONAPARTE. THE MINISTER OF FOREIGN RELATIONS.
CHARLES MAURICE TALLEYRAND. By the First Consul :
HUGUES MARET, Secretary of State
Don Carlos, by the grace of God, king of Castile, Leon, of Arragon, of the two Sicilies, of Jerusalem, of Navarre, of Granada, of Toledo, of Valencia, of Gallicia, of Majorca, of Seville, of Sardinia, of Cordova, of Corsica, of Murcia, of Jean, of Algarves, of Algesiras, of Gibraltar, of the Canary Islands, of the East and West Indies, the islands and main land of the ocean ; Archduke of Austria; Duke of Burgundy, of Brabant, and of Milan; Count of Hapsburg, of Flanders,
of Tyrol, and of Barcelona ; Lord of Biscay, and of Molina, &c. &c. &c. having communicated to the first consul of the French republic my anxious wishes to procure for my beloved brother and cousin, the infant Duke of Parma, some augmentation of his estates in Italy, in order to indemnify him for the repeated losses which he has naturally suffered, in consequence of existing circumstances, the said first consul has given me to understand that this subject might be discussed and settled between himself and my person ; whereunto he declared his own willingness, as warranted by ihe relations of amity and alliance which unite us. I have therefore resolved to appoint, for the execution of this importance business, a person duly qualified for entering on, prosecuting, and concluding the affair, until it be ready for my ratification; and being well satisfied with you, Don Mariano Louis de Orquijo, knight pensioner of the royal and distinguished Spanish order of Charles the Third, and of that of Malta, of my council of state, my ambassador extraordinary and plenipotentiary near the Batavian republic, and my first secretary of state ad interim, on account of your capacity and tried zeal in my service, I have determined to confer upon you full power, in the most ample form, to treat with the person or persons authorized by the French government, respecting the increase and enlargement of the estates of my brother and cousin the infant Duke of Parma, and all points connected with that subject, and to regulate, adjust, and sign all articles, agreements, and conventions which may conduce to the completion of the said affair, reserving to myself
, however, the right of ratifying them.
In faith whereof, I have caused the present to be issued, signed by my hand, sealed with my secret seal, and countersigned by my Secretary of State, and of the universal department of grace and jastice of Spain and the Indies, at Saint Ildefonso, on the 1st of October, eighteen hundred.
THE KING. Countersigned : Jose Antonio CAVALLERO.
[RATIFICATION.] In virtue of the 49th article of the constitution, I approve the foregoing treaty, in all and each of its articles therein contained, declaring that it is accepted, ratified, and confirmed, and promising that it shall be inviolably observed.
In faith whereof these presents have been issued, signed, countersigned, and sealed with the great seal of the republic, at Paris, on the twenty-seventh of Vendemiaire, in the ninth year of the French republic, (19th of October, eighteen hundred.)
BONAPARTE. By the First Consul:
HUGUES MARET, Secretary of State.
Minister of Foreign Relations.
Treaty of March 21, 1801, between the French Republic and Spain. Translated from a certified copy of the original, in French and Spanish, deposited in the
archives of the Department of State, at Madrid. The First Consul of the French republic, and his catholic majesty, desiring to establish definitively what states are to be given as equivalents for those of Parma, to the son of the present duke, the infant Don Ferdinand, brother of the Queen of Spain, have agreed upon the following articles, and have authorized to form this treaty, to wit: the First Consul, Citizen Lucien Bonaparte, the present ambassador of the republic, near his catholic majesty, and his catholic majesty the Prince of the Peace, who have agreed upon the following articles :
ARTICLE 1. The reigning Duke of Parma, renounces, for himself and his heirs, for ever, the Duchy of Parma, with all its dependencies, in favour of the French republic; and his catholic majesty guaranties this renunciation.
Art. 2. The Grand Duchy of Tuscany, which has been likewise renounced by the Grand Duke and ceded to the French republic, under the guarantie of the emperor of Germany, shall be given to the son of the Duke of Parma, in compensation for his states which have been ceded by his father, the Infant, and in virtue of another treaty previously made between his catholic majesty and the First Consul of the French republic.
Art. 3. The Prince of Parma will proceed to Florence, where
he will be recognized as sovereign of all the states belonging to the Grand Duchy, and he will receive, in the most solemn form, from the hands of the constituted authorities of the country,
the keys and the oath of vassalage due to him as the sovereign. The First Consul will aid, with all his forces, in the peaceful accomplishment of this convention.
Art. 4. The Prince of Parma shall be recognised as king of Tuscany, with all the honours due to his rank; and the First Consul will cause him to be acknowledged and treated as such king by all the other powers whose recognitions should precede the act of possession.
Art. 5. The dependent portion of the isle of Elba belonging to Tuscany, shall remain in the power of the French republic; and the First Consul shall give as an equivalent to the king of Tuscany the country of Piombino, which belonged to the king of Naples.
Art. 6. As this treaty has its origin in that concluded between the First Consul and his catholic majesty, by which the king cedes to France the possession of Louisiana, the contracting parties agree to carry into effect the articles of that treaty, and that, while the difficulties with regard to them are in process of arrangement, the present treaty shall not destroy the rights of either party.
ART. 7. And as the new house which is to be established in Tuscany, is of the Spanish family, those states shall always be the property of Spain, and an infant of that family shall reign there in case of a failure of the succession of the king now placed on the throne, or of his children, if he should have any, in which event the children of the reigning house of Spain shall succeed.
Art. 8. The first consul of his catholic majesty, in consideration of the renunciation of the reigning duke of Parma in favour of his son, will determine upon some honourable indemnification for him, either in possessions or in an annuity.
Art. 9. The present treaty shall be ratified, and the ratifications shall be exchanged within three weeks, otherwise it will, after that period, be of no value.
Done at Aranjuez on this thirtieth of Ventose, in the ninth year of the republic, (March 21, 1801.)
The Prince of the Peace. To the copy from which the above translation was made are appended the certificates of Don Ceferino Cevallos, archivist of the department of state of Spain, to its exact conformity with the original, and of Don Angel Calderon de la Barca, envoy extraordinary and minister plenipotentiary of Spain, in Washington, of its having been received by him from the said Cevallos and delivered to the honourable J. M. White, of Florida. Faithfully translated by me, Robert Greenhow, translator of foreign languages to the department of state of the United States.
WASHINGTON, March 23, 1836.