THE TREATY AND CONGRESSIONAL PAPERS.
The following is the official text of the “Treaty concerning the cession
of the Russian Possessions in North America by His Majesty the Emperor
of all the Russias to the United States of America; concluded March 30,
1867; ratified by the United States May 28, 1867; exchanged June 20,
1867; proclaimed by the United States June 20, 1867:”—
_By the President of the United States of America._
A PROCLAMATION.
Whereas a treaty between the United States of America and his Majesty
the Emperor of all the Russias was concluded and signed by their
respective plenipotentiaries at the city of Washington on the thirtieth
day of March last, which treaty, being in the English and French
languages, is, word for word, as follows:—
The United States of America and His Majesty the Emperor 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, the Privy Counsellor Edward de Stoeckl, 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 demarcation between
the Russian and the British possessions in North America, as established
by the convention between Russia and Great Britain, of February 28-16,
1825, and described in Articles III and IV 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 54 degrees 40 minutes
north latitude, and between the 131st and the 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.
“IV. With reference to the line of demarcation laid down in the
preceding article, it is understood—
“1st. That the island called Prince of Wales Island shall belong wholly
to Russia” (now, by this cession, to the United States).
“2d. That whenever the summit of the mountains which extend in a
direction parallel to the coast from the 56th degree of north latitude
to the point of intersection of the 141st degree of west longitude shall
prove to be at the distance of more than ten marine leagues from the
ocean, the limit between the British possessions and the line of coast
which is to belong to Russia as above mentioned (that is to say, the
limit to the possessions ceded by this convention) shall be formed by a
line parallel to the winding of the coast, and which shall never exceed
the distance of ten marine leagues therefrom.”
The western limit within which the territories and dominion conveyed are
contained, passes through a point in Behring’s straits on the parallel
of sixty-five degrees thirty minutes north latitude, at its intersection
by the meridian which passes midway between the islands of Krusenstern,
or Ignalook, and the island of Ratmanoff, or Noonarbook, and proceeds
due north, without limitation, into the same Frozen ocean. The same
western limit, beginning at the same initial point, proceeds thence in a
course nearly southwest, through Behring’s straits and Behring’s sea, so
as to pass midway between the northwest point of the island of St.
Lawrence and the southeast point of Cape Choukotski, to the meridian of
one hundred and seventy-two west longitude; thence, from the
intersection of that meridian, in a south-westerly direction, so as to
pass midway between the island of Attou and the Copper island of the
Kormandorski couplet or group in the North Pacific ocean, to the
meridian of one hundred and ninety-three degrees west longitude, so as
to include in the territory conveyed the whole of the Aleutian islands
east of that meridian.
ARTICLE II.
In the cession of territory and dominion made by the preceding article
are included the right of property in all public lots and squares,
vacant lands, and all public buildings, fortifications, barracks, and
other edifices which are not private individual property. It is,
however, understood and agreed, that the churches which have been built
in the ceded territory by the Russian government shall remain the
property of such members of the Greek Oriental Church resident in the
territory, as may choose to worship therein. Any government archives,
papers, and documents relative to the territory and dominion aforesaid,
which may be now existing there, will be left in the possession of the
agent of the United States; but an authenticated copy of such of them as
may be required will be, at all times, given by the United States to the
Russian government, or to such Russian officers or subjects as they may
apply for.
ARTICLE III.
The inhabitants of the ceded territory, according to their choice,
reserving their natural allegiance, may return to Russia within three
years; but if they should prefer to remain in the ceded territory, they,
with the exception of uncivilized native tribes, shall be admitted to
the enjoyment of all the rights, advantages, and immunities of citizens
of the United States, and shall be maintained and protected in the free
enjoyment of their liberty, property, and religion. The uncivilized
tribes will be subject to such laws and regulations as the United States
may, from time to time, adopt in regard to aboriginal tribes of that
country.
ARTICLE IV.
His Majesty the Emperor of all the Russias shall appoint, with
convenient despatch, an agent or agents for the purpose of formally
delivering to a similar agent or agents appointed on behalf of the
United States, the territory, dominion, property, dependencies and
appurtenances which are ceded as above, and for doing any other act
which may be necessary in regard thereto. But the cession, with the
right of immediate possession, is nevertheless to be deemed complete and
absolute on the exchange of ratifications, without waiting for such
formal delivery.
ARTICLE V.
Immediately after the exchange of the ratifications of this convention,
any fortifications or military posts which may be in the ceded territory
shall be delivered to the agent of the United States, and any Russian
troops which may be in the territory shall be withdrawn as soon as may
be reasonably and conveniently practicable.
ARTICLE VI.
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, seven million two hundred
thousand dollars in gold. The cession of territory and dominion herein
made is hereby declared 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; and the
cession hereby made conveys all the rights, franchises, and privileges
now belonging to Russia in the said territory or dominion, and
appurtenances thereto.
ARTICLE VII.
When this convention shall have been duly ratified by the President of
the United States, by and with the advice and consent of the Senate, on
the one part, and on the other by his Majesty the Emperor of all the
Russias, the ratifications shall be exchanged at Washington within three
months from the date hereof, or sooner, if possible.
In faith whereof, the respective plenipotentiaries have signed this
convention, and thereto affixed the seals of their arms.
Done at Washington, the thirtieth day of March, in the year of our Lord
one thousand eight hundred and sixty-seven.
[L. S.] WILLIAM H. SEWARD.
[L. S.] EDOUARD DE STOECKL.
And whereas the said Treaty has been duly ratified on both parts, and
the respective ratifications of the same were exchanged at Washington on
this twentieth day of June, by William H. Seward, Secretary of State of
the United States, and the Privy Counsellor Edward de Stoeckl, the Envoy
Extraordinary of His Majesty the Emperor of all the Russias, on the part
of their respective governments,—
Now, therefore, be it known that I, ANDREW JOHNSON, President of the
United States of America, have caused the said Treaty to be made public,
to the end that the same and every clause and article thereof may be
observed and fulfilled with good faith by the United States and the
citizens thereof.
In witness whereof, I have hereunto set my hand, and caused the seal of
the United States to be affixed.
Done at the city of Washington, this twentieth day of June, in the year
of our Lord one thousand eight hundred and sixty-seven, and of the
Independence of the United States the ninety-first.
[L. S.] ANDREW JOHNSON.
By the President:
WILLIAM H. SEWARD, _Secretary of State_.
From the Revised Statutes of the United States for the Second Session of
the Fortieth Congress is taken the following:—
_An Act making an Appropriation of Money to carry into Effect the Treaty
with Russia of March thirtieth, eighteen hundred and sixty-seven._
WHEREAS the President of the United States, on the thirtieth of March,
eighteen hundred and sixty-seven, entered into a treaty with the Emperor
of Russia, and the Senate thereafter gave its advice and consent to said
treaty, by the terms of which it was stipulated that, in consideration
of the cession by the Emperor of Russia to the United States of certain
territory therein described, the United States should pay to the Emperor
of Russia the sum of seven million two hundred thousand dollars in coin;
and whereas it was further stipulated in said treaty that the United
States shall accept of such cession, and that certain inhabitants of
said territory shall be admitted to the enjoyment of all the rights and
immunities of citizens of the United States; and whereas said
stipulations cannot be carried into full force and effect except by
legislation to which the consent of both houses of Congress is
necessary: Therefore, _Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled_,
That there be, and hereby is, appropriated, from any money in the
treasury not otherwise appropriated, seven million and two hundred
thousand dollars in coin, to fulfil stipulations contained in the sixth
article of the treaty with Russia, concluded at Washington on the
thirtieth day of March, eighteen hundred and sixty-seven.
Approved, July 27, 1868.
During the First Session of the Forty-eighth Congress, the following
bill, originating in the Senate, became a law:
AN ACT PROVIDING A CIVIL GOVERNMENT FOR
ALASKA.
_Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled_, That the territory ceded to
the United States by Russia by the treaty of March thirtieth, eighteen
hundred and sixty-seven, and known as Alaska, shall constitute a civil
and judicial district, the government of which shall be organized and
administered as hereinafter provided. The temporary seat of government
of said district is hereby established at Sitka.
SEC. 2. That there shall be appointed for the said district a governor,
who shall reside therein during his term of office and be charged with
the interests of the United States Government that may arise within said
district. To the end aforesaid he shall have authority to see that the
laws enacted for said district are enforced, and to require the faithful
discharge of their duties by the officials appointed to administer the
same. He may also grant reprieves for offences committed against the
laws of the district or of the United States until the decision of the
President thereon shall be made known. He shall be ex officio
commander-in-chief of the militia of said district, and shall have power
to call out the same when necessary to the due execution of the laws and
to preserve the peace, and to cause all able-bodied citizens of the
United States in said district to enroll and serve as such when the
public exigency demands; and he shall perform generally in and over said
district such acts as pertain to the office of governor of a territory,
so far as the same may be made or become applicable thereto. He shall
make an annual report, on the first day of October in each year, to the
President of the United States, of his official acts and doings, and of
the condition of said district, with reference to its resources,
industries, population, and the administration of the civil government
thereof. And the President of the United States shall have power to
review and to confirm or annul any reprieves granted or other acts done
by him.
SEC. 3. That there shall be, and hereby is, established a district court
for said district, with the civil and criminal jurisdiction of district
courts of the United States exercising the jurisdiction of circuit
courts, and such other jurisdiction, not inconsistent with this act, as
may be established by law; and a district judge shall be appointed for
said district, who shall during his term of office reside therein and
hold at least two terms of said court therein in each year, one at
Sitka, beginning on the first Monday in May, and the other at Wrangel,
beginning on the first Monday in November. He is also authorized and
directed to hold such special sessions as may be necessary for the
dispatch of the business of said court, at such times and places in said
district as he may deem expedient, and may adjourn such special session
to any other time previous to a regular session. He shall have authority
to employ interpreters, and to make allowances for the necessary
expenses of his court.
SEC. 4. That a clerk shall be appointed for said court, who shall be ex
officio secretary and treasurer of said district, a district attorney,
and a marshal, all of whom shall during their terms of office reside
therein. The clerk shall record and preserve copies of all the laws,
proceedings, and official acts applicable to said district. He shall
also receive all moneys collected from fines, forfeitures, or in any
other manner except from violations of the custom laws, and shall apply
the same to the incidental expenses of the said district court and the
allowances thereof as directed by the judge of said court, and shall
account for the same in detail, and for any balances on account thereof,
quarterly, to and under the direction of the Secretary of the Treasury.
He shall be ex officio recorder of deeds and mortgages and certificates
of location of mining claims and other contracts relating to real estate
and register of wills for said district, and shall establish secure
offices in the towns of Sitka and Wrangel, in said district, for the
safekeeping of all his official records, and of records concerning the
reformation and establishment of the present status of titles to lands,
as hereinafter directed: _Provided_, That the district court hereby
created may direct, if it shall deem it expedient, the establishment of
separate offices at the settlements of Wrangel, Oonalashka, and Juneau
City, respectively, for the recording of such instruments as may pertain
to the several natural divisions of said district most convenient to
said settlements, the limits of which shall, in the event of such
direction, be defined by said court; and said offices shall be in charge
of the commissioners respectively as hereinafter provided.
SEC. 5. That there shall be appointed by the President four
commissioners in and for the said district, who shall have the
jurisdiction and powers of commissioners of the United States circuit
courts in any part of said district, but who shall reside, one at Sitka,
one at Wrangel, one at Oonalashka, and one at Juneau City. Such
commissioners shall exercise all the duties and powers, civil and
criminal, now conferred on justices of the peace under the general laws
of the State of Oregon, so far as the same may be applicable in said
district, and may not be in conflict with this act or the laws of the
United States. They shall also have jurisdiction, subject to the
supervision of the district judge, in all testamentary and probate
matters, and for this purpose their courts shall be opened at stated
terms and be courts of record, and be provided with a seal for the
authentication of their official acts. They shall also have power to
grant writs of habeas corpus for the purpose of inquiring into the cause
of restraint of liberty, which writs shall be made returnable before the
said district judge for said district; and like proceedings shall be had
thereon as if the same had been granted by said judge under the general
laws of the United States in such cases. Said commissioners shall also
have the powers of notaries public, and shall keep a record of all deeds
and other instruments of writing acknowledged before them and relating
to the title to or transfer of property within said district, which
record shall be subject to public inspection. Said commissioners shall
also keep a record of all fines and forfeitures received by them, and
shall pay over the same quarterly to the clerk of said district court.
The governor appointed under the provisions of this act shall, from time
to time, inquire into the operations of the Alaska Seal and Fur Company,
and shall annually report to Congress the result of such inquiries and
any and all violations by said company of the agreement existing between
the United States and said company.
SEC. 6. That the marshal for said district shall have the general
authority and powers of the United States marshals of the States and
Territories. He shall be the executive officer of said court, and
charged with the execution of all process of said court and with the
transportation and custody of prisoners, and he shall be ex officio
keeper of the jail or penitentiary of said district. He shall appoint
four deputies, who shall reside severally at the towns of Sitka,
Wrangel, Oonalashka, and Juneau City, and they shall respectively be ex
officio constables and executive officers of the commissioners’ courts
herein provided, and shall have the powers and discharge the duties of
United States deputy marshals, and those of constables under the laws of
the State of Oregon now in force.
SEC. 7. That the general laws of the State of Oregon now in force are
hereby declared to be the law in said district, so far as the same may
be applicable and not in conflict with the provisions of this act or the
laws of the United States; and the sentence of imprisonment in any
criminal case shall be carried out by confinement in the jail or
penitentiary hereinafter provided for. But the said district court shall
have exclusive jurisdiction in all cases in equity or those involving a
question of title to land, or mining rights, or the constitutionality of
a law, and in all criminal offences which are capital. In all civil
cases, at common law, any issue of fact shall be determined by a jury,
at the instance of either party; and an appeal shall lie in any case,
civil or criminal, from the judgment of said commissioners to the said
district court where the amount involved in any civil case is two
hundred dollars or more, and in any criminal case where a fine of more
than one hundred dollars or imprisonment is imposed, upon the filing of
a sufficient appeal bond by the party appealing, to be approved by the
court or commissioner. Writs of error in criminal cases shall issue to
the said district court from the United States circuit court for the
district of Oregon in the cases provided in chapter one hundred and
seventy-six of the laws of eighteen hundred and seventy-nine; and the
jurisdiction thereby conferred upon circuit courts is hereby given to
the circuit court of Oregon. And the final judgments or decrees of said
circuit and district court may be reviewed by the Supreme Court of the
United States as in other cases.
SEC. 8. That the said district of Alaska is hereby created a land
district, and a United States land-office for said district is hereby
located at Sitka. The commissioner provided for by this act to reside at
Sitka shall be ex officio register of said land-office, and the clerk
provided for by this act shall be ex officio receiver of public moneys,
and the marshal provided for by this act shall be ex officio
surveyor-general of said district, and the laws of the United States
relating to mining claims, and the rights incident thereto, shall, from
and after the passage of this act, be in full force and effect in said
district, under the administration thereof herein provided for, subject
to such regulations as may be made by the Secretary of the Interior,
approved by the President: _Provided_, That the Indians or other persons
in said district shall not be disturbed in the possession of any lands
actually in their use or occupation or now claimed by them, but the
terms under which such persons may acquire title to such lands is
reserved for future legislation by Congress: _And provided further_,
That parties who have located mines or mineral privileges therein under
the laws of the United States applicable to the public domain, or who
have occupied and improved or exercised acts of ownership over such
claims, shall not be disturbed therein, but shall be allowed to perfect
their title to such claims by payment as aforesaid: _And provided also_,
That the land not exceeding six hundred and forty acres at any station
now occupied as missionary stations among the Indian tribes in said
section, with the improvements thereon erected by or for such societies,
shall be continued in the occupancy of the several religious societies
to which said missionary stations respectively belong until action by
Congress. But nothing contained in this act shall be construed to put in
force in said district the general land laws of the United States.
SEC. 9. That the governor, attorney, judge, marshal, clerk, and
commissioners provided for in this act shall be appointed by the
President of the United States, by and with the advice and consent of
the Senate, and shall hold their respective offices for the term of four
years, and until their successors are appointed and qualified. They
shall severally receive the fees of office established by law for the
several offices the duties of which have been hereby conferred upon
them, as the same are determined and allowed in respect of similar
offices under the laws of the United States, which fees shall be
reported to the Attorney General and paid into the Treasury of the
United States. They shall receive respectively the following annual
salaries. The governor, the sum of three thousand dollars; the attorney,
the sum of two thousand five hundred dollars; the marshal, the sum of
two thousand five hundred dollars; the judge, the sum of three thousand
dollars; and the clerk, the sum of two thousand five hundred dollars,
payable to them quarterly from the Treasury of the United States. The
district judge, marshal, and district attorney shall be paid their
actual, necessary expenses when travelling in the discharge of their
official duties. A detailed account shall be rendered of such expenses
under oath and as to the marshal and district attorney such account
shall be approved by the judge, and as to his expenses by the Attorney
General. The commissioners shall receive the usual fees of United States
commissioners and of justices of the peace for Oregon, and such fees for
recording instruments as are allowed by the laws of Oregon for similar
services, and in addition a salary of one thousand dollars each. The
deputy marshals, in addition to the usual fees of constables in Oregon,
shall receive each a salary of seven hundred and fifty dollars, which
salaries shall also be payable quarterly out of the Treasury of the
United States. Each of said officials shall, before entering on the
duties of his office, take and subscribe an oath that he will faithfully
execute the same, which said oath may be taken before the judge of said
district or any United States district or circuit judge. That all
officers appointed for said district, before entering upon the duties of
their offices, shall take the oaths required by law, and the laws of the
United States, not locally inapplicable to said district and not
inconsistent with the provisions of this act are hereby extended
thereto; but there shall be no legislative assembly in said district,
nor shall any delegate be sent to Congress therefrom. And the said clerk
shall execute a bond, with sufficient sureties, in the penalty of ten
thousand dollars, for the faithful performance of his duties, and file
the same with the Secretary of the Treasury before entering on the
duties of his office; and the commissioners shall each execute a bond,
with sufficient sureties, in the penalty of three thousand dollars, for
the faithful performance of their duties, and file the same with the
clerk before entering on the duties of their office.
SEC. 10. That any of the public buildings in said district not required
for the customs service or military purposes shall be used for
court-rooms and offices of the civil government; and the Secretary of
the Treasury is hereby directed to instruct and authorize the custodian
of said buildings forthwith to make such repairs to the jail in the town
of Sitka, in said district, as will render it suitable for a jail and
penitentiary for the purposes of the civil government hereby provided,
and to surrender to the marshal the custody of said jail and the other
public buildings, or such parts of said buildings as may be selected for
court-rooms, offices, and officials.
SEC. 11. That the Attorney-General is directed forthwith to compile and
cause to be printed, in the English language, in pamphlet form, so much
of the general laws of the United States as is applicable to the duties
of the governor, attorney, judge, clerk, marshals, and commissioners
appointed for said district, and shall furnish for the use of the
officers of said Territory so many copies as may be needed of the laws
of Oregon applicable to said district.
SEC. 12. That the Secretary of the Interior shall select two of the
officers to be appointed under this act, who, together with the
governor, shall constitute a commission to examine into and report upon
the condition of the Indians residing in said Territory, what lands, if
any, should be reserved for their use, what provision shall be made for
their education, what rights by occupation of settlers should be
recognized, and all other facts that may be necessary to enable Congress
to determine what limitations or conditions should be imposed when the
land laws of the United States shall be extended to said district; and
to defray the expenses of said commission the sum of two thousand
dollars is hereby appropriated out of any moneys in the Treasury not
otherwise appropriated.
SEC. 13. That the Secretary of the Interior shall make needful and
proper provision for the education of the children of school age in the
Territory of Alaska, without reference to race, until such time as
permanent provision shall be made for the same, and the sum of
twenty-five thousand dollars, or so much thereof as may be necessary, is
hereby appropriated for this purpose.
SEC. 14. That the provisions of chapter three, title twenty-three, of
the Revised Statutes of the United States, relating to the unorganized
Territory of Alaska, shall remain in full force, except as herein
specially otherwise provided; and the importation, manufacture, and sale
of intoxicating liquors in said district except for medicinal,
mechanical, and scientific purposes, is hereby prohibited under the
penalties which are provided in section nineteen hundred and fifty-five
of the Revised Statutes for the wrongful importation of distilled
spirits. And the President of the United States shall make such
regulations as are necessary to carry out the provisions of this
section.
Approved, May 17, 1884.
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Transcriber’s note:
Illustrations have been moved to avoid falling within a paragraph.
Spelling and punctuation, in the few cases where printer or editorial
errors were made, has been corrected.
Where a compound word is hyphenated at a line or page break, the hyphen
is removed or retained depending on the preponderance of its occurence
in midline. Any hyphenated word found always in midline is retained,
though it may be sometimes found without the hyphen.
The proper noun ‘Wrangell’ is spelled with a single ‘l’ in the quoted
documents comprising Chapter XXIV. The word ‘accordion’ is always
spelled ‘accordeon’.
34.31 weighted the net at dif[f]erent Added.
105.18 used for mart[i/e]n-traps Replaced.
114.4 to Klu-Kwan village[./,] Replaced.
116.13 scornfully said Kloh[ /-]Kutz. Replaced.
116.18 b[e]tween the Pyramid Harbor Added.
124.4 off on an unsuc[c]essful hunt Added.
129.23 Each wom[e/a]n had her wrists covered Replaced.
202.31 The J[au/ua]rez and Ortega factions Transposed.
239.13 Down Chatham Strait[./,] green and Replaced.
snow-covered mountains
259.31 the Rocky Mountai[u/n]s. Replaced.
265.13 and the tally-keeper on[ on] Removed.
305.8 instructed to gath[a/e]r such things Replaced.