peror of all the Russias, being desirous of strengthening, if possible, the good understanding which exists between them," have appointed plenipotentiaries, who have proceeded to sign articles, wherein it is stipulated on behalf of Russia that "his Majesty the Emperor of all the Russias agrees to cede to the United States by this convention, immediately upon the exchange of the ratifications thereof, all the territory and dominion now possessed by his said Majesty on the continent of America and in the adjacent islands, the same being contained within the geographical limits herein set forth"; and it is stipulated on behalf of the United States, that, "in consideration of the cession aforesaid, the United States agree to pay at the Treasury in Washington, within ten months after the exchange of the ratifications of this convention, to the diplomatic representative or other agent of his Majesty the Emperor of all the Russias duly authorized to receive the same, $7,200,000 in gold." The ratifications are to be exchanged within three months from the date of the treaty, or sooner, if possible.1

Beyond the consideration founded on the desire of "strengthening the good understanding" between the two countries, there is the pecuniary consideration already mentioned, which underwent a change in the progress of the negotiation. The sum of seven millions was originally agreed upon; but when it appeared that there was a fur company and also an ice company enjoying monopolies under the existing government, it was thought best that these should be extinguished, in consideration of which our Government added two hundred thousand to the purchase-money, and the Russian

1 United States Statutes at Large, Vol. XV. pp. 539-543.

Government in formal terms declared "the cession of territory and dominion to be free and unincumbered by any reservations, privileges, franchises, grants, or possessions, by any associated companies, whether corporate or incorporate, Russian or any other, or by any parties, except merely private individual property-holders." Thus the United States receive the cession free of all incumbrances, so far at least as Russia is in a condition to make it. The treaty proceeds to say: "The cession hereby made conveys all the rights, franchises, and privileges now belonging to Russia in the said territory or dominion and appurtenances thereto."1 In other words, Russia conveys all she has to convey.

QUESTIONS ARISING UNDER THE TREATY.

THERE are questions, not unworthy of attention, which arise under the treaty between Russia and Great Britain, fixing the eastern limits of these possessions, and conceding certain privileges to the latter power. By this treaty, signed at St. Petersburg, 28th February, 1825, after fixing the boundaries between the Russian and British possessions, it is provided that "for the space of ten years from the signature of the present convention, the vessels of the two powers, or those belonging to their respective subjects, shall mutually be at liberty to frequent, without any hindrance whatever, all the inland seas, the gulfs, havens, and creeks on the coast, for the purposes of fishing and of trading with the natives"; and also that "the port of Sitka, or Novo Archangelsk, shall be open to the commerce and vessels of British subjects for the space of ten years from

1 Article VI.

the date of the exchange of the ratifications of the present convention."1 In the same treaty it is also provided that "the subjects of his Britannic Majesty, from whatever quarter they may arrive, whether from the ocean or from the interior of the continent, shall forever enjoy the right of navigating freely and without any hindrance whatever all the rivers and streams which in their course towards the Pacific Ocean may cross the line of demarcation." 2 Afterwards treaty of commerce and navigation between Russia and Great Britain was signed at St. Petersburg, 11th January, 1843, subject to be terminated on notice from either party at the expiration of ten years, in which it is provided, that, "in regard to commerce and navigation in the Russian possessions on the northwest coast of America, the convention concluded at St. Petersburg on the 18th February, 1825, continues in force." Then ensued the Crimean War between Russia and Great Britain, effacing or suspending treaties. Afterwards another treaty of commerce and navigation was signed at St. Petersburg, 12th January, 1859, subject to be terminated on notice from either party at the expiration of ten years, which repeats the last provision.*

Thus we have three different stipulations on the part of Russia: one opening seas, gulfs, and havens on the Russian coast to British subjects for fishing and trading with the natives; the second making Sitka a free port to British subjects; and the third making British rivers which flow through the Russian possessions forever free to British navigation. Do the United States succeed to these stipulations?

1 Articles VII., VIII.: Hertslet's Commercial Treaties, Vol. III. p. 365. 2 Art. VI. Ibid. 8 Art. XII. Ibid., Vol. VI. p. 767.

4 Ibid., Vol. X. p. 1063.

VOL. XV. -3

Among these I make a distinction in favor of the last, which by its language is declared to be "forever," and may have been in the nature of an equivalent at the settlement of boundaries between the two powers. But whatever its terms or its origin, it is obvious that it is nothing but a declaration of public law, as always expounded by the United States, and now recognized on the continent of Europe. While pleading with Great Britain, in 1826, for the free navigation of the St. Lawrence, Mr. Clay, then Secretary of State, said that "the American Government did not mean to contend for any principle the benefit of which in analogous circumstances it would deny to Great Britain."1 During the same year, Mr. Gallatin, our minister in London, when negotiating with Great Britain for the adjustment of boundaries on the Pacific, proposed, that, "if the line should cross any of the branches of the Columbia at points from which they are navigable by boats to the main stream, the navigation of such branches and of the main stream should be perpetually free and common to the people of both nations." 2 At an earlier day the United States made the same claim with regard to the Mississippi, and asserted, as a general principle, that, "if the right of the upper inhabitants to descend the stream was in any case obstructed, it was an act of force by a stronger society against a weaker, condemned by the judgment of mankind."3 By these admissions our country is estopped, even if the public law of the European continent, first declared at Vienna with regard

1 Wheaton's Elements of International Law, ed. Lawrence, (Boston, 1863,) Part II. ch. 4, § 19, p. 359.

2 Greenhow, History of Oregon and California, p. 346. Executive Documents, 20th Cong. 1st Sess., H. of R., No. 199, pp. 23, 44.

Wheaton, Part II. ch. 4, § 18, p. 353.

to the Rhine, did not offer an example which we cannot afford to reject. I rejoice to believe that on this occasion we apply to Great Britain the generous rule which from the beginning we have claimed for ourselves.

The two other stipulations are different in character. They are not declared to be "forever," and do not stand. on any principle of public law. Even if subsisting now, they cannot be onerous. I doubt much if they are subsisting now. In succeeding to the Russian possessions, it does not follow that the United States succeed to ancient obligations assumed by Russia, as if, according to a phrase of the Common Law, they were covenants running with the land." If these stipulations are in the nature of servitudes, they depend for their duration on the sovereignty of Russia, and are personal or national rather than territorial. So, at least, I am inclined to believe. But it is hardly profitable to speculate on a point of so little practical value. Even if "running with the land," these servitudes can be terminated at the expiration of ten years from the last treaty by notice, which equitably the United States may give, so as to take effect on the 12th of January, 1869. Meanwhile, during this brief period, it will be easy by Act of Congress in advance to limit importations at Sitka, so that this "free port" shall not be made the channel or doorway by which British goods are introduced into the United States free of duty.

GENERAL CONSIDERATIONS ON THE TREATY.

FROM this survey of the treaty, as seen in its origin and the questions under it, I might pass at once to a survey of the possessions which have been conveyed;