the obligations contained in the 11th article of the treaty of Guadalupe Hidalgo, and agreed that that article and the 33rd article of the treaty of the 5th of April 1831 should be annulled. In this amended treaty no mention is made of the miscellaneous claims of Mexican citizens against the United States nor of those of United States citizens against Mexico.

“In consideration of these stipulations, i. e., the cession of a smaller portion of territory, the release of the United States from all liability on account of the obligations contained in the 11th article of the treaty of Guadalupe Hidalgo, and the repeal of that article and of the 33rd article of the treaty of April 5th, 1831, the United States agreed to pay to Mexico the sum of ten millions of dollars."

Sir Edward Thornton, umpire, case of Rafael Aguirre v. U. S., No. 131, Mex. Claims Com., treaty of July 4, 1868, Int. Arbitrations, III. 2444; see, also, 2430-2447; Ex. Docs. 31 Cong. 1 sess., I. 426; S. Docs. 33 Cong. 1 sess., I. 256, 363, 434; S. Docs. 33 Cong. 2 sess., 366–385.

Article XXXIII. of the treaty of 1831, referred to by Sir Edward Thornton, also related to the restraint of savage tribes.

Differences had also arisen between the two countries in the running of the boundary under the treaty of Guadalupe Hidalgo. These differences involved the control of the Mesilla Valley, and as incidents of this the establishment of a safe frontier against the Indians and of a feasible route for a railway near the Gila River. Mr. Gadsden's instructions embraced both the boundary question and that of the Indian depredation claims. He presented his credentials August 17, 1853. The correspondence was opened by Mr. Bonilla in a note of August 30, 1853, in relation to the depredation claims. Mr. Gadsden replied on the 9th of September. See, further, Mr. Bonilla to Mr. Gadsden, October 18, 1853; Mr. Gadsden to Mr. Bonilla, November 14 and November 29, 1853; General Almonte, Mexican minister at Washington, to Mr. Marcy, Secretary of State, October 22, 1853; Mr. Marcy to General Almonte, December 22, 1853. After the ratification of the treaty by the Senate the following correspondence took place: General Almonte to Mr. Marcy, May 4, June 21, and June 29, 1854; Mr. Marcy to General Almonte, May 5, June 20, and June 24, 1854. (MSS. Dept. of State.)

Owing to the uncertain situation of affairs at the time in Mexico, it was deemed prudent not to intrust written instructions even in the hands of a special messenger, and Mr. Samuel Ward was sent to Mr. Gadsden with oral instructions. (Mr. Marcy, Secretary of State, to Mr. Gadsden, No. 20 (confidential), January 6, 1854, MS. Inst. Mexico, XVI. 442.)

8. ALASKA.

§ 107.

Sept. 7, 1821, the Emperor Alexander of Russia issued a ukase by which he gave his sanction to certain regulations of Ukase of 1821. the Russian-American Company respecting foreign commerce in the waters bordering on its establishments. "From the tenor of the ukase,” said Mr. John Quincy Adams, "the pretentions

of the Imperial Government extend to an exclusive territorial jurisdiction from the forty-fifth degree of north latitude, on the Asiatic coast, to the latitude of fifty-one north on the western coast of the American continent; and they assume the right of interdicting the narigation and the fishery of all other nations to the extent of one hundred miles from the whole of that coast. The United States can admit no part of these claims." In regard to territorial claims, Mr. Adams said that the right of the United States from the fortysecond to the forty-ninth parallel of north latitude on the Pacific Ocean was considered unquestionable, and that the Government was willing to agree to 55° north latitude as a boundary line."

April 17 5, 1824, Mr. Middleton, then minister of the United States at St. Petersburg, concluded with Count Nesselrode and Mr. Poletica, as representatives of the Russian Government, a convention by which the questions between the two Governments as to territory and navigation were adjusted. By the first three articles, which were permanent in their nature, it was in substance provided that there should be no interference with navigation or fishing, or with resort to unoccupied coasts, in any part of the Pacific Ocean, and that the dividing line between the territorial claims of the United States and Russia on the northwest coast of America should be the parallel of 54° 40′ north latitude. Above that line Russia was left by the United States to contest the territory with Great Britain; below it the United States was left by Russia to carry on a similar contention with the same power. The subject of commercial intercourse was adjusted, temporarily, by Articles IV. and V. of the convention. By these articles it was provided that, for a term of ten years from the date of the signature of the convention, the ships of both powers might "reciprocally frequent, without any hindrance whatever, the interior seas, gulfs, harbors, and creeks" on the northwest coast of America for the purpose of fishing and of trading with the natives; but from the commerce thus permitted it was stipulated that all spirituous liquors, firearms, other arms, powder, and munitions of war of every kind should always be excepted, each of the contracting parties reserving to itself the right to enforce this restriction upon its own citizens or subjects. When the commercial privilege thus secured came to an end, the Russian Government refused to renew it, alleging that it had been abused. But under the most-favored-nation clause contained in Art. XI. of the treaty of commerce and navigation between the United a Mr. Adams, Sec. of State, to Mr. Middleton, min. to Russia, July 22, 1823, Am. State Papers, For. Rel. V. 436 et seq.; Int. Arbitrations, I. 760.

Am. State Papers, For. Rel. V. 432-471, contains the correspondence relating to the convention.

CS. Ex. Doc. 1, 25 Cong. 3 sess. 25-26, 70; Davis, Notes, Treaty Volume (17761887), 1380,

States and Russia of Dec. 18, 1832, citizens of the United States enjoyed on the Russian coasts the same privileges of commerce as were secured by treaty to British subjects.

Questions between Great Britain and Russia, growing out of the ukase of 1821, were adjusted by a convention between those powers, signed at St. Petersburg Feb. 28/16, 1825. In regard to the rights of navigation and fishing, and of landing on the coasts, its provisions were substantially the same as those of the convention between Russia and the United States. It also defined the boundary between the British and the Russian possessions. As to commerce, it secured, for the space of ten years, the enjoyment of substantially the same privileges as were contained in the convention with the United States. These privileges were renewed by Art. XII. of the treaty between Great Britain and Russia of January 11, 1843.

"All the territory and dominion" possessed by His Majesty the Emperor of Russia "on the continent of America and Treaty of cession. the adjacent islands" were transferred to the United States, in consideration of the sum of $7,200,000, by the treaty signed at Washington March 30, 1867.

The treaty "was communicated to Congress on the 6th of July, 1867, with a request for necessary legislation." The steps taken in the actual transfer of the ceded territory are set forth in the President's message of January 27, 1868. A copy of the treaty of cession, and of the correspondence relating to it, and other correspondence, with 'Information in Relation to Russian America,' including Mr. Sumner's speech, was communicated to the House on the 17th of February, 1868. The subject of the appropriation to carry out this treaty was discussed at length in the House." The act was at last

passed on the 27th of July."

Davis's Notes, United States Treaty Vol. (1776–1887), 1380; House Report
37, 40 Cong. 2 sess.; 15 Stats. 198.

In H. Ex. Doc. 177, 40 Cong. sess., p. 12, there is a dispatch to Mr. Seward
from Mr. Cassius M. Clay, then minister to Russia, May 10, 1867, saying:
"I congratulate you upon this brilliant achievement which adds so vast
a territory to our Union;
My attention was first called to this
matter in 1863, when I came over the Atlantic with the Hon. Robert J.
Walker.. . He told me that the Emperor Nicholas was willing to
give us Russian America if we would close up our coast possessions to
54° 40'. But the slave interest, fearing this new accession of 'free soil,'
yielded the point and let England into the great ocean.”

aS. Ex. Doc. 17, 40 Cong. 1 sess.

H. Ex. Doc. 125, 40 Cong. 2 sess. This document contains the report of Gen. Rousseau, who was sent as agent to receive the transfer of the territory, together with the schedules and agreements of the commissioners relating to such transfer. e H. Ex. Doc. 177, 40 Cong. 2 sess., parts 1 and 2,

d Cong. Globe, 40 Cong., 2 sess.

At page 46 of the same document there is an article, reprinted from the New York Herald of April 29, 1867, in which it is stated that in 1854, during the Crimean war, the Russian Government, through Baron Stoeckl, formally proposed the sale of the whole of Russian America to the United States.

For a review of the proceedings in Congress on the passage of the act of July 27, 1868, see Magoon's Reports, 151.

For recommendations as to the government of the territory, see President McKinley's first and third annual messages, Dec. 6, 1897, and Dec. 5, 1899.

"My serious thoughts about acquiring Russian America were effectively reinforced by the letter which you wrote me in regard to the fisheries of that region in January, 1866."

Mr. Seward, Sec. of State, to Mr. Joseph L. McDonald, Steilacoom, Pierce
City, Washington Territory, Aug. 26, 1867, 78 MS. Dom. Let. 29.
"In your letter of the 26th ultimo you say that you have seen it stated in a
Sitka paper that 'the seven million that we were supposed to have paid
for Alaska was really given to Russia to pay the expenses of her friendly
naval demonstration made during the Civil War to counteract the supposed
hostile intention of England and France; that Russia's amour propre for-
bade her to receive and receipt for the money as paid for the above
services, but she ceded to us Alaska, which she no longer wanted, and it
was made to appear that Alaska was bought and sold.' You desire to be
informed of the correctness of the statements as you expect to deliver a
lecture on the subject of Alaska. In reply, I have to say that no con-
firmation of these statements is found on record in this Department.
Alaska was duly paid for and the receipt of the stipulated payment
acknowledged by Russia." (Mr. Rives, Assist. Sec. of State, to Mr.
Higbee, Jan. 5, 1889, 171 MS. Dom. Let. 244.)

See, as to the history of the negotiations, Scidmore's Alaska, 201 et seq. This
work states (p. 314) that the Alaska Commercial Company, from 1870 to
1884, paid the United States, under its lease of the seal islands, $4,662,026,
in amounts ranging from $262,500 to $317,000 a year.

By Art. III. of the treaty of cession, the inhabitants are guaranteed the "free enjoyment" of their religion. Under this stipulation, "members of the Orthodox Greek Church in Alaska enjoy the same religious freedom as do members of other religious bodies. Equality of treatment is all that can be fairly demanded, the treaty does not bind the United States to more."

Mr. Adee, Acting Sec. of State, to Mr. Breckinridge, Nov. 3, 1894, MS. Inst.
Russia, XVII. 285; Prince Cantacuzene, Russ. min., to Mr. Gresham, Sec.
of State, April 3, 1894, MSS. Dept. of State; Mr. Gresham, Sec. of State,
to Prince Cantacuzene, April 13, 1894, MS. Notes to Russia, VIII. 46.
See, as to the admission of certain wines for the Greek churches in Alaska,
Mr. Bayard, Sec. of State, to Mr. Endicott, March 17, 1885, 154 MS. Dom.
Let. 511, inclosing copy of a note from Mr. de Struve, Russ. min., of
March 12, 1885.

Mr. Sherman, Secretary of State, in a note to the Russian legation of March 11, 1897, stated that the agent of the Treasury Department on the Pribiloff Islands would be instructed to permit the duly accredited representatives of the Greek Church in Alaska to land on those islands whenever they might so desire, subject to the discontinuance of the permission whenever, in the judgment of the resident agent, such discontinuance might be necessary to the best interests of the United States Government. The captains of revenue cutters would also be instructed to grant them free transportation between Unalaska and the islands, subject to the free movement of the vessels. It was stated, however, that the Treasury Department was not prepared to give a definite answer to the request that the priests be permitted to teach the gospel in the school conducted by the North-American Commercial Company under its contract with the Treasury Department, on Saturdays and Sundays, if not on other days in the week. (Mr. Sherman, Sec. of State, to Mr. de Kotzébue, March 11, 1897, For. Rel. 1897, 436. See, also, Mr. Sherman, Sec. of State, to Sec. of the Treasury, Feb. 7, 1898, 225 MS. Dom. Let. 295.)

Boundaries.

Of the territory thus ceded, the easterly boundary, as established by the convention between Great Britain and Russia of Feb. 28/16, 1825, and therefrom incorporated into the treaty of cession, is (the French being the official text, of which the English is merely a translation) as follows:

III. La ligne de démarcation entre les Possessions des Hautes Parties Contractantes sur la Côte du Continent et les Iles de l'Amérique Nord Ouest, sera tracée ainsi qu'il suit:

A partir du Point le plus méridional de l'Ile dite Prince of Wales, lequel Point se troure sous la parallèle du 54me degré 40 minutes de latitude Nord, et entre 131me et le 133me degré de longitude Quest (Méridien de Greenwich), la dite ligne remontera au Nord le long de la passe dite Portland Channel, jusqu'au Point de la terre ferme où elle atteint le 56me degré de latitude Nord: de ce dernier point la ligne de démarcation suivra la crête des montagnes situées parallèlement à la Côte, jusqu'au point d'intersection du 141me degré de longitude Quest (même Meridien); et, finalement, du dit point d'intersection, la même ligne méridienne du 141me degré formera, dans son prolongement jusqu'à la mer Glaciale, la limite entre les Possessions Russes et Britanniques sur le Continent de l'Amérique Nord Ouest.

III. The line of demarcation between the Possessions of the High Contracting Parties upon the Coast of the Continent and the Islands of America to the NorthWest, shall be drawn in the following | manner:

Commencing from the southernmost point of the Island called Prince of Wales Island, which point lies in the parallel of 54 degrees 40 minutes, North Latitude, and between the 131st and 133d Degree of West Longitude (Meridian of Greenwich), the said line shall ascend to the North along the Channel called Portland Channel, as far as the Point of the Continent where it strikes the 56th Degree of North Latitude; from this last mentioned Point the line of demarcation shall follow the summit of the mountains situated parallel to the coast, as far as the point of intersection of the 141st Degree of West Longitude (of the same Meridian); and, finally, from the said point of intersection, the said Meridian Line of the 141st Degree, in its prolongation as far as the Frozen Ocean, shall form the limit between the Russian and British Possessions on the Continent of America to the North West.