CHAPTER VI. TREATIES-EXTRADITION TREATIES. 1. A treaty is a written contract, entered into by two nations, on some question of interest or intercourse between them. It is precisely of the nature of a contract between two persons when they bind themselves to do, or not to do, certain things specified in the contract. That would be a treaty between individuals. Treaties between nations are only dif ferent in the solemn and formal manner of arranging and confirming these agreements. 2. Treaties have often been of great service to the world, both in ancient and modern times. By these negotiations, wars have been prevented, friendly relations maintained, and commercial intercourse kept up, advantageously to both parties. Treaties may be negotiated by any persons properly authorized by their governments to do so; and any government may authorize such persons as they see fit, to perform these important acts. In many cases the ordinary ministers who represent their governments to other governments, negotiate ordinary treaties. But in cases where something of an extraordinary character is to be arranged, special ministers or commissioners are sent for this express purpose. This was the case at the treaty of Ghent (so called from the name of the place where the commissioners met to arrange it), in 1814; by which a peace was brought about between England and the United States, after the last war between those powers. Special ministers, or commissioners, as they were denominated, were appointed and sent for this very purpose. A treaty of peace was agreed upon by the commissioners of the respective countries, and hostilities ceased as soon as the news reached the United States. 3. In some cases our government has authorized its commanding generals to make a treaty with the hostile nation. It has also given the same power to the commanders of our national vessels; and also, in a few cases, to our consuls, in countries at a great distance from home, such as China, Japan, Siam, and Turkey. The persons authorized to negotiate a treaty, rarely act without instructions from their government, as to the times and conditions of the proposed treaty. Much, however, must be left to the sound judgment and discretion of the negotiators as to the details. 4. It must be borne in mind that a treaty, although mutually agreed upon by the agents of the nations concerned, is not binding upon either party until properly ratified according to the forms of the respective governments interested. The modes of ratification differ in different governments. In ours the Constitution confers this power upon the President, by and with the advice and consent of two-thirds of the Senate. In absolute monarchies this power rests in the hands of the King or Emperor alone. As before stated, every government may confer the power to negotiate a treaty upon such agents as it pleases. It also has the power to prescribe such modes. of ratifying or confirming it, as it pleases. 5. But when once made and approved, it becomes binding not only upon the respective governments that made it, but upon all the citizens and subjects of that government. It has been held in this country by our greatest lawyers and statesmen, that the provisions of a treaty bind Congress, the President, and every citizen as much as any Constitutional provision or act of Congress. And for this reason our treaties are published in the papers in every State and Territory in the Union, in the same manner, and to the same extent, as the laws of Congress. 6. The violation of a treaty by either of the parties thereto, is reprehensible and criminal. It is derogatory to the character of any nation or individual that does it. It destroys the confidence of one nation in the other, leads to unfriendly feelings and acts between the parties, and may bring on a war, if satisfaction is not given. Yet such things have been done, and evil consequences have always followed. "If you make a bargain, stick to it," is a common, trite, and wise saying. Just here it seems proper to call attention to the fact that the Constitution prohibits any State from making any treaty with any foreign government. The reason for this provision is very obvious, for, if allowed, a State might confer privileges upon foreign powers which would be incompatible with the interests of other States. Therefore the treaty-making power is kept wholly in the hands of the general government, for in it every State has its representatives, and a voice in every treaty which it makes. 7. So numerous are the treaties which the United States has made with nearly every civilized nation upon earth, that it would require a very large volume to contain them. They are published with the laws, and generally in English and in the language of the nation with whom the treaty is made. They may be found in the United States Statutes at Large. It would require too much space in a work of this kind, to give even their titles. 8. Wars have been stopped; boundary lines between nations have been established; commercial intercourse arranged; the purchase and sale of lands, and a variety of other things have been the subjects, and formed the matter of treaties. Several of our most important ones relate to the purchase of territory. We acquired the States of Louisiana, Arkansas, and Missouri, by a treaty with France in 1803. It was called the Louisiana purchase; for it was nothing more than a purchase and sale of lands. We also acquired Florida of Spain, in 1819, in the same way, and California and New Mexico of Mexico, in 1847. 9. The immense quantities of land purchased of the Indians, were obtained by treaties with them. We are sorry to say that in some cases they have treacherously violated their treaty obligations; but at the same time it should be said by way of extenuating their offense, that our own government agents appointed for the purpose of taking care of the interests of the poor Indians, have, in connection with the white traders among them, shamefully cheated and wronged them, and provoked them not only to disregard their obligations, but to perpetrate murders, robberies, and thefts upon the whites who live near them. At different times during the years past, the Indians have been very hostile to us, and have waged war against the whites in their vicinity for the reasons above stated. "Honesty is the best policy." 10. In the early part of the year 1867, a treaty was negotiated by William H. Seward, our Secretary of State, on the part of the United States, and Edward de Stoekl, the Russian Minister to the United States, on the part of Russia, for the cession of the Russian possessions in North America to the United States. This treaty may be regarded as one of the most important of all our treaties with foreign powers; for by it the United States acquire more than 570,000 square miles of territory, in addition to our already immense possessions; and it places by far the greater part of the Northwestern coast of North America under the control of the United States government. For the purpose of giving a specimen of a treaty, and showing some of the details of this negotiation, we here insert it in full, as agreed upon by the contracting parties. $7,000,000 in gold is the consideration which the United States paid Russia for this territory. This treaty has been ratified by the United States and Russian governments, and the money, ($7,000,000 in gold) has been appropriated for the purpose, and paid to the Russian Minister. THE RUSSIAN TREATY. The following is the text of the Russian-American treaty: The United States of America, and his Majesty, the Em peror of all the Russias, being desirous of strengthening, if possible, the good understanding which exists between them, have for that purpose appointed as their plenipotentiaries, the President of the United States, William H. Seward, Secretary of State, and his Majesty the Emperor of all the Russias, Mr. Edward de Stoekl, his Envoy Extraordinary and Minister Plenipotentiary to the United States, and the said plenipotentiaries, having exchanged their full powers, which were found to be in due form, have agreed upon and signed the following articles: ARTICLE I. 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, to wit: The eastern limit is the line of demarkation between the Russian and British possessions in North America, as established by the convention between Russia and Great Britain, of February 28 (16), 1825, and described in articles third and fourth of said.convention in the following terms: Commencing from the southernmost point of the island called Prince of Wales' Island-which point lies in the parallel of 50 deg. 40 min. north latitude, and between the 131st and 133d deg. 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. With reference to the line of demarcation laid down in the preceding article, it is understood |