to testify this sympathy in connection with certain demands urgently preferred by other powers." President Cleveland, annual message, Dec. 2, 1894, For. Rel. 1894, xiii. XXXIII. PORTUGAL. $879. The second article of the treaty with Portugal of August 26, 1840, did not restrict either party from laying discriminating duties on merchandise not the growth or production of the nation of the vessel carrying the same into the port of the other nation. Oldfield v. Marriott, 10 How. 146. As to the treaty of February 26, 1851, and the case of the brig General Armstrong, see Moore, Int. Arbitrations, II. 1071 et seq. As to the sovereignty of Portugal over Macao, see Mr. J. Davis, Act. Sec. of State, to Viscount das Nogueiras, August 29, 1882, MS. Notes to Portugal, VII. 54. XXXIV.-RUSSIA. $ 880. On the issuance by the Empress of Russia of the circular announcing the principles that formed the basis of the armed neutrality, the Congress of the United States on October 8, 1780, passed a resolution directing the board of admiralty to prepare and report instructions for the commanders of armed vessels of the United States conformably to those principles. In December, 1780, Francis Dana, of Massachusetts, was elected minister plenipotentiary to St. Petersburg, and was authorized to accede to the convention entered into by certain of the neutral powers for the maintenance of the same principles. He was also instructed to propose a treaty of amity and commerce. Mr. Dana passed nearly a year in Russia, but was not received at court, and in August, 1783, seeing no prospect of accomplishing any of the objects of his mission, he left St. Petersburg for the United States. 1 Lyman's Diplomacy of the United States, 424, 431. with which power negotiations still continued. In these circumstances it was suggested by the United Provinces that the United States should either accede to the convention of the armed neutrality or else enter into similar engagements with France, Spain, and the United Provinces, or with the United Provinces alone. Congress, holding that the "true interest" of the United States required that they should be "as little as possible entangled in, the politics and controversies of European nations," deemed it inexpedient to give such powers to the representatives of the United States in Europe, and instructed the ministers engaged in negotiating a definitive peace with Great Britain, in case they should include in the treaty any stipulations for the recognition of belligerent rights, to avoid any engagements which should oblige the contracting parties to support those stipulations by arms. (See Wharton, Dip. Cor. Am. Rev. VI. 481-483.) Prince Gortschakoff, in a communication addressed to the Russian envoy in the United States July 10, 1861, to be communicated to the Secretary of State, said: "In spite of the diversity of their Constitutions and of their interests, perhaps even because of their diversity, Providence seems to urge the United States to draw closer the traditional bond, as the basis and very condition of their political existence. In any event the sacrifices they might impose upon themselves to maintain it [the Union of the United States] are not to be compared with those which dissolution would bring after it. United, they perfect themselves; separated from each other, they are paralyzed." Note of Prince Gortschakoff, quoted by Mr. Everett, address of June 7, The passage here quoted from Prince Gortschakoff, when standing alone, The message of President Monroe, communicating to the Senate the convention of December 15, 1824, is contained in 5 Am. State Papers, For. Rel. 432. In this correspondence the respective titles of Russia and of Great Britain to the northwest coast of North America are discussed. The convention of April 5, 1824 (concluded April 5-17), is given in 5 Am. State Papers, For. Rel. 583. For the circumstances attending the negotiation of the commercial treaty with Russia in 1832, see 1 Curtis's Buchanan, 171; 1 Benton's Thirty Years, 606. As to Russia's claim to Northwestern Pacific, see 2 Lyman's Diplomacy of As to the treaty of 1832 and its bearing on the question of citizenship, see As to the treaty of 1824 and the Fur Seal Arbitration, see Moore, Int. "From the commencement of their intercourse with Russia, the United States have specifically and prominently had in view: "1. The negotiation of a treaty or convention of commerce and navigation upon those principles of liberal reciprocity which we have been so anxious to establish with all other nations; and "2. The establishment, by similar conventional stipulations, of rules for regulating the rights of the respective parties, in the following relations: "First, where the one is at war and the other neutral; "Thirdly, where they are unfortunately at war with each other. "For a considerable time our desire in regard to both of these principal points was frustrated by the Russian Government uniformly declining to treat upon the subjects involved in them. "The main points here adverted to, however, were not necessarily connected; and in the year 1832, Mr. Buchanan, who arrived at St. Petersburg in the month of June of that year, perceiving the Russian government not unfavorable to the first object of his mission, promptly entered upon the negotiation of a commercial treaty, with a degree of zeal and ability which happily crowned his efforts with success, and finally resulted in the conclusion of a treaty of commerce and navigation between the United States and Russia on the 18th December, 1832. The treaty was ratified by the President, by and with the advice and consent of the Senate, on the 8th April, 1833, the ratifications were exchanged at Washington on the eleventh day of May following, and by this instrument, thus finally concluded, the first principal point I have already adverted to may be considered as entirely disposed of, and as requiring no further attention on your part. "Mr. Buchanan applied himself with equal promptitude to the second point of his mission; but the imperial government declining at that time to entertain any propositions relative to the conclusion of a treaty upon this subject, he returned with the leave of the President to the United States." Mr. McLane, Sec. of State, to Mr. Dickerson, June 26, 1834, MS. Inst. "The use of the lands on which stood the buildings, once allowed to the Russian-American Company, was extinguished by the treaty of 1867." Williams, At. Gen., 1873, 14 Op. 302. As to permission for curates of the Greek Church to reside on the islands of St. Paul and St. George, under Art. III. of the treaty of 1867, see Mr. J. C. B. Davis, Act. Sec. of State, to Sec. of Treasury, July 14, 1871, 90 MS. Dom. Let. 249. By the treaty between the United States and Russia, by which Alaska was acquired by the United States, the territory was incorporated into the United States and the Constitution became applicable to it; consequently an act of Congress depriving persons accused of a misdemeanor in Alaska of a right to trial by a commonlaw jury is unconstitutional and void. Rassmussen v. United States (1905), 197 U. S. 516. XXXV. SAMOAN ISLANDS. $881. As to treaty relations with and concerning the Samoan Islands, and the final partition of the group, see supra, § 110, I. 536. XXXVI. SIAM. § 882. The first treaty between the United States and Siam, of March 20, 1833, was concluded by Edmund Roberts, who, as we have seen under the head of Japan, was appointed by President Jackson January 27, 1832, as agent for the purpose of examining in the Indian Ocean the means of extending the commerce of the United States by commercial arrangements with the powers whose dominions bordered on those seas. Siam was visited by Commodore Perry in 1853. In a letter to the King, March 14, 1853, he referred to the kindness extended to Mr. Roberts in 1836. The King replied that he held in pleasant remembrance his intercourse with Mr. Roberts and with the officers of the U. S. ships Peacock and Enterprise during their stay. Treaty Volume (1776–1887), 1380-1381; H. Ex. Doc. 8, 35 Cong. 2 sess. September 12, 1855, Townsend Harris, who had been appointed consul-general of the United States at Simoda, Japan, was instructed to deviate from the direct route to Simoda and proceed to Bangkok with a view to obtain amendments to the treaty of 1833. He was furnished with a letter from the President to the King of Siam and with full power to negotiate a treaty. Some of the objects which he was desired to accomplish were understood to have been obtained by the British in their then recent treaty with Siam. The United States, it was declared, could not allow its trade with Siam to be placed on a footing inferior to that of any nation. "You will be at no loss for arguments," said the instructions to Harris," to show the difference between the foreign policy, especially in the East, of this country and Great Britain. While the latter is herself an eastern power, and as such by the late Burmese war has since become a near neighbor of Siam, we covet no dominion in that quarter. It is undoubtedly the interest of Siam to be liberal in her commercial policy towards the United States. It is also desirable that the Christian missionaries who may resort to Siam from this country should be exempt from molestation in their sacred calling and should be allowed free scope for their labors. In asking for a stipulation which will in effect confer this privilege, you will, however, cause it to be understood that in this country there is no connection between religion and the government, and that we have no desire or intention to interfere with the Siamese policy on this subject." Mr. Harris concluded a new treaty of amity and commerce on May 29, 1856. Annexed to it were trade regulations. The ratifications of the treaty were exchanged at Bangkok June 15, 1857. It was communicated to Congress by President Buchanan December 10, 1858, with a recommendation that legislation be adopted to carry into effect Article II. in relation to the judicial powers of the United States consul at Bangkok. Mr. Marcy, Sec. of State, to Mr. Harris, No. 1, Sept. 12, 1855, MS. Inst. Message of President Buchanan, Dec. 10, 1858, H. Ex. Doc. 8, 35 Cong. 2 sess. The trade regulations annexed to the treaty were amended in 1867. (Treaty Volume (1776-1887), 995-1003.) In 1880 Mr. Sickles, United States consul at Bangkok, reported, at the request of the Siamese government, the intention of the King to visit Europe and America. Mr. Evarts, who was then Secretary of State, addressed a note to the Senate and House committees recommending an appropriation for the King's reception and entertainment and for the employment of a naval vessel to bring His Majesty from Europe to America. Before any action was taken in the matter, the King announced the postponement of his voyage to America. Mr. Sherman, Sec. of State, to Mr. Barrett, min. to Siam, April 15, 1897, MS. Inst. Siam, I. 238. In 1884, the President recommended to Congress an appropriation to No appropriation was made, but the embassy, on its arrival in the United |