1867.

CONVENTION CEDING ALASKA."

Concluded March 30, 1867; ratification advised by the Senate April 9, 1867; ratified by the President May 28, 1867; ratifications exchanged June 20, 1867; proclaimed June 20, 1867. (Treaties and Conventions, 1889, p. 939.)

1. Territory ceded; boundaries. II. Public property ceded.

ARTICLES.

III. Citizenship of inhabitants; uncivilized tribes.

IV. Formal delivery.

V. Withdrawal of troops.
VI. Payment; effect of cession.
VII. Ratification.

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:

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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 1334 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.)

@ Federal cases: Kinkead v. U. S., 150 U.S.; 18 Ct. Cl., 504; 24 Ct. Cl., 459; Callsen v. Hope, 75 Fed. Rep., 758.

"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 southwesterly 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 now be 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 diplomatie 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.

[SEAL.] WILLIAM H. SEWARD,

SEAL.] EDOUARD DE STOECKL,

1868.

ADDITIONAL ARTICLE TO TREATY OF COMMERCE, 1832. TRADEMARKS.

Concluded January 27, 1868; ratification advised by the Senate July 25, 1868; ratified by the President August 14, 1868; ratifications exchanged September 21, 1868; proclaimed October 15, 1868. (Treaties and Conventions, 1889, p. 942.)

ARTICLE.-COUNTERFEITING OF TRADE-MARKS PROHIBITED;

REGISTRATION.

The United States of America and his Majesty the Emperor of all the Russias, deeming it advisable that there should be an additional Article to the Treaty of Commerce between them, of the December 1832, have for this purpose named 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 Councillor, Edward de Stoeckl, accredited as His Envoy Extraordinary and Minister Plenipotentiary to the United States; and the said Plenipotentiaries, after an examination of their respective full powers, which were found to be in good and due form, have agreed to and signed the following:

ADDITIONAL ARTICLE.

The High Contracting Parties, desiring to secure complete and efficient protection to the manufacturing industry of their respective citizens and subjects, agree that any counterfeiting in one of the two countries of the trade marks affixed in the other on merchandize to show its origin and quality, shall be strictly prohibited and repressed, and shall give ground for an action of damages in favor of the injured party, to be prosecuted in the courts of the country in which the counterfeit shall be proven.

The trade marks in which the citizens or subjects of one of the two countries may wish to secure the right of property in the other, must be lodged exclusively, to wit, the marks of citizens of the United States, in the Department of Manufactures and Inland Commerce, at St Petersburg, and the marks of Russian subjects, at the Patent Office in Washington.

This additional Article shall be terminable by either party, pursuant to the twelfth Article of the Treaty to which it is an addition. It shall be ratified by the President, by and with the advice and consent of the Senate of the United States, and by His Majesty, the Emperor of all the Russias; and the respective ratifications of the same shall be exchanged at St Petersburg; within nine months from the date hereof, or sooner if possible.

In faith whereof, the respective Plenipotentiaries have signed the present additional Article in duplicate and affixed thereto the seal of their arms.

Done at Washington, the twenty seventh day of January, in the year of Grace, one thousand eight hundred and sixty-eight.

1874.

TRADE-MARK DECLARATION.

Signed March 28, 1874; ratification advised by the Senate June 22, 1874; ratified by the President June 26, 1874; proclaimed November 24, 1874. (Treaties and Conventions, 1889, p. 943.)

DECLARATION.

The Government of the United States of America and the Govern ment of His Majesty the Emperor of all the Russias, having recog nized the necessity of defining and rendering more efficacious the stipulations contained in the additional Article of the 15th January 1868, to the Treaty of Commerce and Navigation, concluded between the United States of America and Russia, on the 6th December 1832, the undersigned, duly authorized to that effect, have agreed upon the following arrangements:

ARTICLE 1.

With regard to marks of goods or of their packages and also with regard to marks of manufacture and trade, the Citizens of the United States of America shall enjoy in Russia, and Russian subjects shall enjoy in the United States, the same protection as native citizens.

ARTICLE II.

The preceding article, which shall come immediately into operation. shall be considered as forming an integral part of the Treaty of the 6th December 1832a and shall have the same force and duration as the said Treaty.

18th

In faith whereof the undersigned have drawn up and signed the present declaration and affixed thereto their seals.

Done in duplicate in the English and Russian languages at St Petersburg, this day of March. 1874.

The English method for the admeasurement of vessels (the Moorsom system) being now in force not only in the United States of America but also in the Empire of Russia and the Grand Duchy of Finland, the undersigned, having been duly authorized by their Governments, hereby declare:

a See page 659.