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 different 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[247] 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.
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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.
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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 between 350,000 and 400,000 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:
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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, 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 demarcation 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—first,[251] that the island called prince of wales’ island shall belong wholly to russia, and now, by this cession, wholly to the united states; second, 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 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 of 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 strait on the parallel of 65 deg. 30 min. north latitude, at its intersection by the meridian which passes midway between the island of krusenstern, or ignaalook, and the island of ratmanog, or noonerbook, 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 northwest through behring’s strait and behring’s sea, so as to pass midway between the north-west part of the island of st. lawrence and the south-east point of cape choukottki to the meridian of 172 deg. 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 koranddorski couplet or group in the north pacific ocean, to the meridian of 193 deg. west longitude, so as to include in the territory conveyed the whole of the aleutian islands east of that meridian.
art. 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, barracks, and other edifices which are not private, individual property. it is, however, understood and agreed[252] 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 domain aforesaid, which may be now existing there, will be left in 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 may apply for them.
art. 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 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.
art. iv. his majesty, the emperor of all the russias, shall appoint, with convenient dispatch, 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.
art. 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[253] the territory shall be withdrawn as soon as may be reasonably and conveniently practicable.
art. vi. in consideration of the cession aforesaid, the united states agree to pay, at the treasury in washington, within —— 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, —— million dollars in gold. the cession of territory and dominion herein made is hereby demanded 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.
art. 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 —— 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.
extradition treaties.
1. treaties have been made from time immemorial between rulers and nations for the purpose of promoting the interests of one or both parties in their commercial relations, or to secure allies in war; but the kind of treaties mentioned at the head of this section are of modern origin; and shows strongly the progress of nations toward a substantial unity of interests and of discipline.
2. the security of society demands that when men commit a crime in one place they shall not be able to find a safe asylum to which they may fly whenever the retributions of the law,[254] which watches over the welfare of the citizen, threaten to overtake them. the readiness with which criminals can pass from one country to another since steam has made travel so speedy and pursuit for any long distance so difficult, increases the evil. when criminals fly to another country they cannot be punished there, since their courts have no jurisdiction over a criminal from another nation, unless the act was committed in the country where they were established; nor are governments usually willing to deliver an individual on accusation only, unless there is an express stipulation, or treaty to this effect, between them. to overcome the difficulty a treaty was made in 1842 between this country and england, in which it was mutually agreed that each country, on the demand of the government of the other, should give up criminals of certain kinds named in the treaty, when these after the crime had fled into their jurisdiction. it worked well, since it multiplied the chances of punishment, and tended to check crime.
3. subsequently, treaties of the same kind were made between the united states and the following countries:
france in 1843
prussia, and 17 other german states ” 1852
switzerland ” 1855
baden ” 1857
sweden ” 1860
venezuela, south america ” 1861
the time is probably not distant when treaties of this sort will be made between us and all the civilized nations of the world; for the intercourse between us and foreign nations is greater than ever before.
the effect of these international arrangements is to render the perpetration of crime more dangerous than it would be if they did not exist. flight from the country where the crime was committed was formerly one of the most effectual methods of escaping the penalty. but extradition treaties, atlantic cables, and land telegraphs, have nearly spoiled this game.
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3. an extradition treaty, then, is a mutual agreement between two nations to deliver up, each to the other, upon demand and proper proof of criminality, such persons as have committed crimes in one country and then fled to the other, that they may be taken back, tried, and punished where the offense was committed. but these demands for escaped criminals can not be sustained if made for every crime whatever. they will only be complied with when the crime is one which is named in the treaty itself. these crimes, upon examination of a number of such treaties, we find to be: 1. murder, or an assault with an intent to commit murder. 2. piracy. 3. arson. 4. robbery. 5. forgery, or the uttering of forged papers, or the making or circulating counterfeit money, either paper or coin. 6. rape. 7. embezzlement, and 8. burglary.
4. it should be observed that a mere demand for an alleged offender is not sufficient. proof enough to convince the judge before whom the case is brought must accompany the demand. he must be satisfied that the party demanded has committed the alleged offense; when this is done the judge reports his finding to the secretary of state, whose duty then is, under his hand and seal of office, to issue the final writ of extradition; after which the criminal may be taken out of the united states (by force, if necessary), and back to the country where he committed the crime, there to be dealt with according to the laws which he violated.
5. in some of our extradition treaties it is expressly stipulated that neither party (government) shall be bound to surrender its own citizens, or any person for merely a political offense. in others it is agreed that the provisions in the treaty shall not apply to cases where the crime was perpetrated before the treaty was made. this plea, we think, would be held to be a good defense in all cases, whether so stipulated in the treaty or not.
6. the treaties between different nations for the surrender of criminals are so analogous to one of the provisions contained in our constitution, that to insert it here will give the reader a[256] clear comprehension of its meaning. it is found in the second section of article 4, and reads thus:
“a person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.”
