and came to Fort Stoddert, where she was seized for the governor to such parts of the province as were in a revolutionary state, and directed him not to molest a violation of the embargo law. It is contended on behalf of the owner, that no the representatives of the Spanish monarchy. sneh notice was given of the embargo as she was Under these orders governor Claiborne excluded bound to respect; that whatever information was the town of Mobile from the operation of American communicated to the captain of the schooner, was so jurisprudence. But the congress of the United States vaguely given as not to justify his passing Mobile probably deeming some definite expression of the without delivering the articles which he had con-national sentiment now to be necessary, the congress on the eve of a war with the fast ally of Spain, the tracted to leave at that place. But it is moreover contended, that supposing he congress, satisfied from experience that no conces Ind possessed a full knowledge of the existence of sion was to be expected, and that nothing but a dean embargo; it would not have rendered him crimi-claration from the highest authority on the continent mal in going to Mobile, inasmuch as an act of the con-¡would induce the ally of Britain to relinquish one gress of the United States, passed on the 14th day foot of territory, actually though unjustly occupied of May last, antecedent to the time when this schoo--declared on the 14th of May last the whole counver touched at Mobile, had declared that the country (without exception) east of Pearl river, west of try including the town of Mobile should be regarded the Perdido, and south of the 21st degree of latitude as a part of the Mississippi Territory, and as such to be annexed to the Mississippi territory and to “be governed by the laws now in force therein, or prevent all doubts about jurisdiction, and all discus which my hereafter be enacted, and the laws and sions between rival authorities, they further declar ordinances of the United States relating thereto, infed that the laws in force in the said territory and the The manner as if the same bad originally formed a laws and ordinances of the United States relating part of the same territory, and that the inhabitants of thereto, should be in force in the territory so annexthe district so annexed should be entitled to a repre-ed. And, however to give weight and popular ener sentative in the general assembly thereof." The gy to the said provision, they authorised a represenquestion to be determined, therefore, is whether the tition in the provincial legisture from the said tercountry this anexed to the Mississippi territory ritory, and in fact, especially from the town of Moand thus rendered subject to its laws, or any part of bile, which holds a large proportion of qualified conthat coudry, is a foreign place, or is to all intents stituents-Could the governor of the Mississippi territory then, do otherwise, than to assure the peo and purposes an appendage of the United States. Oh a incre perusal of the law just recited, it should ple of that district the full enjoyment of the rights, stem that no such question could possibly be made.privileges and immunities of American citizens? The fact, however, is that a foreign government And if he has made no discrimination, between does claim the exercise of jurisdiction over the the people residing in Mobile and those residing in whole of the territory included within the limits other parts of the district, it is because the law adabove named; that no formal possession by military mitted of no such discrimination. He stood indeed, force has been taken of any part of the country, but on higher ground than the governor of the late terri21 an almost uninhabited spot near the bay of St. tory of Orleans. The latter was circumscribed by Lous; that Am r can jurisd etion however seems in presidential restrictions, well adapted to the state of some strepe or other to have been exercised in the the times: the former was unrestricted. He had no whole of the country west of the river Mobile, ex-guide but the law: and the law declared that the cept in the small town of that name; and that in whole of the country from Pearl river to Perdido the territory east of the Mobile, no jurisdiction, ei- made a part of the Mississippi territory. ther Spanish or American, has been exercised for two years prst. But a vessel is seized and libelled for going to Mobile, a town in the district so annexed, in violation of The act of congress not only declares that the laws the law prohibiting a departure to any foreign port of the Mississippi and of the United States shall go- or place. The question then is-what constitutes a Yern the same without exception, but authorises a country foreign or domestic? member to be chosen from the same to the territo-! If it be nothing but occupancy by military force, rial iegislature--d it is probable that one half of no part of the district added by compress to the the quained clectors reside within the town of Mo-Mississippi territory, but the sand hills of the pass be, and no clause whatsoever in the law deprives of Christianne, is comprehended within the limits of the American Republic. If it he the exercise of ju thea of the elective franchise. The governor has morcover erected the country so risdiction, then the limits of our territory will vary anrexed to the Mississippi Territory into a county, with the unies, and the energy of American magis. and has, without reservation, declared the inhabi-trades, or the vigor of conflicting authorities, will text, thewofto be entitled to all the rights, privileg-alone describe our moonal boundaries. If it be the es and immunities of American citizens. Indeed it exercise of the constituent privilege, in electing does not appear that he possessed any power of mak-menbers to the representative assembly, it will then ¡depend on the fars and hopes-upon the timidity ing a reservation. The ground on which he stands with relation to and courge-upon the slavish submission or manly the country, is materially different from that which independence of private md.viduals. The national will is the was occupied by the governor of the late territory of Bait be the LAW, then have we a plain and defi Orleans. When Louisiana was first possessed by the inite line of demurization. United States, the country east of the island of Or-b sis of om pretentions; and the national energies leans was untouched by the American government.lave the guarantee of the integrity, The national authorities scemer for a time to be os! Truly perplexing and painful is the situation of a ciliating between the right of Spain and that of their dicial officer whose decision seems to involve a United States. Imperions circumstances at length question of war and pe: ce, and on the eventual ope called upon the Pressient to adops drive nication of which it may depend whether the national ife authorised the governor of Orleans tonghes shall be t mely surrendered to a foreign usur Such points seem to take possession of the whole of the cour y ceded ipation, or whether the vassals of a rival power shall gurenly to the America apabic. Anxola, how-be driven from our territory, ever, o avoid colision with foreign powers in arest more property with other departments of the gostate of anity with this nation, he wisely restricted vernment! but if under a combination of peculiar THE WEEKLY REGISTER-PUBLIC DOCUMENTS. On such oc But where à circumstances they are forced upon the attention of place is really foreign, which the national legislature I must acknowledge that when I find the congress dishonorable to the character of the sovereign power of the United States declaring that a certain portion of the state, be suffered for one moruent to enter the of territory described by that body is annexed to the breast of a judicial officer? If he find, in a country Mississippi territory; that it shall be governed by declared to be American, sull some remnants of fothe laws thereof, and entitled to a representative in regn jurisdiction; ought he not to suppose that the the general assembly; I feel it impossible to say, as legislative body disowned it to be such as could be an American magistrate, that any part of the terri-recognized by the law of nations, or intended that, tory so described is a foreign country. I know of no whatever character it was viewed in, it should grabetter criterion by which to deterniine the national'dually be done away by the operation of civil process, character of any part of the country, but the "su-supported with ene), conformably to the genuine If the "judges are bound spirit of our constitution and laws? If they have propreme law of the land." thereby, any thing in the constitution or laws of any mised protection to the people of such a country, state to the contrary notwithstanding," (Con. U. S. they will not suffer those people to become a prey to art. VI.) surely they are bound thereby notwith-the jealousy or resentment of a foreign faction;standing any pretensions set up by an assemblage of they will strengthen the hands of the civil magistrate individuals professing allegiance, not to an American--they will make good their promises to the people -they will redeem their plighted faith, and support state, but to a foreign power. The very If we abandoned this rule, it would probably be the honor and dignity of the national councils. On the whole view of the subject, therefore, I calfextremely difficult to find a substitute. territory in question presents three or four different not regard any part of the territory lying east of aspects, as to its political state, and the kind of oc- Pearl river, west of the Perdido, and south of the cupancy which the rival nations possess in it, whilst 31st degree of latitude, as having been a foreign over the whole a jurisdiction is claimed by both-country since the 14th day of May last-JudgWhat rule, then, can we follow but the law of the ment, therefore, is given in favor of the claimant, As to the question whether was a realand? If a judicial officer finds the country over and the bond entered into by him is directed to be which he presides, so unfortunately situated, as that cancelled. though the national will has said that the laws shall sonable cause of seizure, I am willing to admit that rule therein, the will of individuals (whose subjects the collector was justifiable at that time in regarding soever they may be) stands in opposition, and is for the town of Mobile as a foreign port, as the law of the moment triumphant over the will of the nation, congress, declaring it otherwise, was then unknown, which is he to respect? Shall private will become tri-A letter from the officer commanding the gun-boats mphant? Shall he admit that they do not belong to has been produced, and if the facts, therein stated, as the United States? Shall he admit their place of re-to the notification of the embargo were established sidence to be a foreign country? Shall he denation-fon oath, they would merit attention, and ought to alize a territory, which the supreme authority has have considerable weight. I shall, therefore, leave declared to belong to the United States, and to be this point open for farther investigation and future subject to their jurisdiction? I do not see how he decision. can consistently pursue this course. nience no doubt may result from adhering to the principles of the law. Inconveniencies always must arise, where there are collisions of authority; and it would not probably be easy to balance those which spring from different views of the present question Accompanying the Message of the President Some inconve may It is, how 19th October, 1812. II. TOULMIN. Public Documents, of November 16. MR, RUSSEL TO THE SECRETARY OF STATE, as and different modes of acting upon it. Washington, November 16, 1812. ST-I have the honor to hand you herewith an to my letter of the 17th of September and which I,structions the revocation of the orders in council on had not sufficient time then to copy. I have the honor to be, with great consideration and respect, sir, your obedient servant, JONA. RUSSEL. The hon. James Monroe, esq. &c. &c. MR. RUSSEL TO THE SECRETARY OF STATE. London, September 17, 1812. the 23d of June, had been received at Washington, and that great hopes were entertained of the favora ble effect such intelligence would produce there.--The question of impressment, he went on to observe, was attended with difficulties of which neither I or my government appeared to be aware. "Indeed” he continued "there has evidently been much misapprehension on this subject, and an erroneous beS-On the 12th inst. I had the honor to receive lief entertained that an arrangement, in regard to it, your letter of the 27th of July last-I called imme- has been nearer an accomplishment than the facts diately at the Foreign Office to prepare lord Castle-will warrant. Even our friends in congress, I mean” reagh, by imparting to him the nature and extent of (observing perhaps some alteration in my counte "those who were opposed to going to war my instructions, for the communication which it nance) became me to make to him. His lordship was in the with us, have been so confident in this mistake that country and I was obliged to write to him without they have ascribed the failure of such an arrange. previously seeing him. I however accompanied my ment solely to the misconduct of the American goofficial note (A) with a private letter (B) offering vernment. This error probably originated with Mr. explanation, if required, and soliciting dispatch. King, for being much esteemed here, and always I waited until two o'clock, the 16th inst. without well received by the persons then in power, he hearing from his lordship, when I was much surpri- seems to have misconstrued their readiness to listen sed at receiving a note (C) from Mr. Hamilton, the to his representations and their warm professions of under secretary, indefinitely postponing an official a disposition to remove the complaints of America, reply. in relation to impressment, into a supposed convic To give more precision to the transaction, I in- tion on their part of the propriety of adopting the stantly addressed to him answer (D) and a little be- plan which he had proposed. But lord St. Vincent, fore five o'clock on the same day, I received an invi-whom he might have thought he had brought over tation (E) from lord Castlereagh to meet him at his to his opinions, appears never for a moment to have house that evening at nine o'clock. ceased to regard all arrangement on the subject to I waited on his lordship, at the time appointed, in be attended with formidable, if not insurmountable company with Mr. Hamilton, at a table loaded with obstacles. This is obvious from a letter which his the records of American correspondence, which lordship addressed to sir William Scott at that time.” they appeared to have been examining. Here lord Castlereagh read a letter, contained in the I was courteously received, and after a conversa- records before him, in which lord St. Vincent states tion of a few minutes on indifferent subjects, I led to sir William Scott the zeal with which Mr. King the way to the business on which I came, by observ. had assailed him on the subject of impressment, g that I had once more been authorised to present confesses his own perplexity and total incompeten. the olive branch and hoped it would not be again ey to discover any practical project for the safe dis rejected. continuance of that practice and asks for council and His lordship observed that he had desired the in-advice. "Thus you see," proceeded lord Castleterview to ascertain, before he submitted my commu-reagh, "that the confidence of Mr. King on this nication of the 16th inst. to the prince regent, the point was entirely unfounded.” form and nature of the powers under which I acted. "The extreme difficulty, if not total impracticabi To satisfy him at once on both those points I put into lity of any satisfactory arrangement for the disconti his hands your letter of the 27th of July. I the nuance of impressment is most clearly manifested more willingly adopted this mode of procedure as, by the result of the negociation carried on between besides the confidence which its frankness was cal-Messrs. Monroe and Pinkney and lords Auckland and The doctrines of which these noblemen culated to produce, the letter itself would best de- Holland. fine my authority and prove the moderation and con-had been the advocates, when in opposition, bound ciliatory temper of my government. them by all the force of consistency to do every His lordship read it attentively-He then com-thing under their commission for the satisfaction of mented at some length both on the shape and sub-America relative to impressment, which the subject sance of my powers. With regard to the former, would possibly admit. There were many circumstanhe observed that all my authority was contained in a ces on that occasion peculiarly propitious to an ami. letter from the secretary of state, which, as my di- cable arrangement on this point, had such an arrange plomatic functions had ceased, appeared but a scan-ment been at all attainable. Both parties according ty foundation on which to place the important ar-ly appear to have exhausted their ingenuity in at rangement I had been instructed to propose. With tempting to devise expedients satisfactorily to per regard to the extent of my powers, he could not form the office of inpressment, and nothing can perceive that they essentially differed from those more conclusively demonstrate the inherent difficul under which I had brought forward the propositions ty of the matter, and the utter impossibility of findcontained in my note of the 24th of August. He ing the expedient which they sought, than that all considered that to enter with me into the understand-their labors, pursued on that occasion with unexaming, required as a preliminary to a convention for an pied diligence, cordiality and good faith, should armistice, he would be compelled to act on unequal have been in vain.” mine. ground, as from his situation he must necessarily His lordship now turned to a letter in a volume be pledge his government, when, from the nature of fore him addressed at the close of the negociation by my authority, I could give no similar pledge for these commissioners to the American ministers, con He could not therefore think of committing ceived in the kindest spirit of conciliation, in which the British faith and leaving the American govern they profess the most earnest desire to remove all ment free to disregard its engagements. Besides it cause of complaint on the part of America concern did not appear to him that at the date of my last in-ing impressment, regret that their endeavors had hitherto been ineffectual, lament the necessity of The notes here referred to have already been continuing the practice and promise to provide as far communicated to Congress. as possible against the abuse of it. "If," resumed his lordship, "such was the result a measure seems to have been confidently entertainof a negociation entertained under circumstances soled, and the orders in council appeared no longer to highly favorable, where the powers and the disposi- form an obstacle to a conciliation. However this tion of the parties were limited only by the difficul-might be, it ought not to be supposed that the Ameties of the subject, what reasonable expectation can rican government would be ready to abandon one be encouraged that in the actual state of things, with main point for which it contended merely because it your circumscribed and imperfect authority, we can had obtained another, which was generally consicome to a more successful issue? I shall have to pro-dered to be of minor importance, and to submit to ceed in so weighty a concern with the utmost delibe- the continuance of impressment on account of the ration and circumspection; and it will be necessary discontinuance of the orders in council. At any rate for me to consult the great law officers of the crown. having authorised me to propose terms of accommoYou are not aware of the great sensibility and jea-dation here, it would probably wait for information lousy of the people of England on this subject, and concerning the manner in which they had been reno administration could expect to remain in power ceived, before it would consent to more unfavorable that should consent to renounce the right of impress-conditions. In the mean time the war would be proment, or to suspend the practice, without the cer-secuted, and might produce new obstacles to a pacitainty of an arrangement which should obviously be fic arrangement. I was happy to learn that the faicalculated most unequivocally to secure its object. lure of a former negociation concerning impressment Whether such an arrangement can be devised is ex- could not be ascribed to a want of sincerity and motremely doubtful, but it is very certain that you have deration in the American government; and I hoped no sufficient powers for its accomplishment." the mode now suggested for securing to Great Bri Such was the substance, and, in many parts, the tain her own seamen might remove the difficulties language of his lordship's discourse. To which I re-which had hitherto embarrassed this question.—— plied that the main object of my powers being to ef- If the people of England were so jealous and sensifect a suspension of hostilities, their form could not tive with regard to the exercise of this harsh practice, be material. It was sufficient that they emanated what ought to be the feelings of the people of Ame from competent authority and were distinctly and rica who were the victims of it? In the United States clearly conferred. That in requiring as a condition this practice of impressment was considered as bearto an armistice a clear understanding relative to im- ing a strong resemblance of the slave trade, aggrapressment and other points of controversy between vated indeed in some of its features, as the negro the two countries, it was intended merely to lay the was purchased already bereft of his liberty, and his basis of an amicable adjustment and thereby to dimi-slavery and exile were at least mitigated by his exnish the probability of a renewal of hostilities. To emption from danger, by the interested forbearance come to such an understanding, to be in itself infor- of his task master, and the consciousness that if he mal, and which expressly left the details of the points could no longer associate with those who were dear which it embraced to be discussed and adjusted by to him, he was not compelled to do them injurycommissioners to be hereafter appointed, was certain-while the American citizen is torn without price at ly within the instructions which I had received, and once from all the blessings of freedom and all the chaI could of course, thus far pledge my government for ritics of social life, subjected to military law, exposed its observance. I did not acknowledge the force of to incessant perils, and forced at times to hazard his his objection, predicated on the inequality of our re-life in despoiling or destroying his kindred or his counspective powers, nor perceive how the British faith trymen. It was matter of astonishment, that while would be particularly committed. The faith of both Great Britain discovered such zeal for the abolition governments would be equally committed, for what-of the trafic in the barbarous and unbelieving natives ever was done under their respective authority; and of Africa, as to endeavor to force it on her reluctant although his lordship might have power to go be-allies, that she should so obstinately adhere to the yond the armistice and understanding for which I practice of impressing American citizens, whose ciwas instructed, yet there was no necessity for doing vilization, religion, and blood, so obviously demand. so, and while we acted within those limits, we stood ed a more favorable distinction. on equal ground. And were it otherwise, yet, as I next pointed out to his lordship the difference the promise of the one party would be the sole con-between the propositions which I now submitted, sideration for the promise of the other, should either and those contained in my note of the 24th of August. fail in the performance of its engagements, the other That although the object of both was essentially the would necessarily be discharged, and the imputation same, there was a great diversity in the manner of of bad faith could alone attach to the first delinquent. obtaining it. The discontinuance of the practice of Nor was 1 dismayed at the very formidable difficul-impressment, which was before required to be immeties with which he had thought proper to array the diate and to constitute a formal preliminary to an subject of impressment, and although willing to ac-armistice, was now deferred to commence cotempo knowledge my inferiority to the American negocia- raneously with the operation of the law of the United tors who had preceded me in the matter, yet I was States prohibiting the employment of British seanot disposed on account of their failure to shink men, and was consigned, with the other conditions, from the discharge of a duty imposed on me by my to a separate and informal arrangement. In this way government. To me indeed the whole question ap-it was no doubt intended by respecting the feelings peared much less alarming than his lordship had de-of the British government, to obviate any objection scribed it to be. And that if Mr. King had really which might have been the mere suggestions of its been mistaken with regard to the near completion pride. of an adjustment, his lordship must, on an attention I finally offered in order to answer at once all the to the whole correspondence at the time, acquit him observations and enquiries of lord Castlereagh, that from the imputation of any excessive want of pene- the proposed understanding should be expressed in the most general terms-that the laws to take effect tration. As to the supposed ignorance in America of the on the discontinuance of the practice of impressment revocation of the orders in council, at the time should prohibit the employment of the native sub my instructions were dated, I observed, that if jects or citizens of the one state, excepting such onthis ignorance did in fact exist, yet, from certain ex-ly as had already been naturalized, on board the pressions in those instructions,an expectation of such private and public ships of the other-thus removing any objection that might have been raised with re-offensive, but merely to suggest that if the American gard to the future effect of naturalization or the for-government sincerely wished for a restoration of the mal renunciation of any pretended right. With re-friendly relations between the two countries,it would gard to blockades, I proposed to follow the same consider the revocation of the orders in council as course, and only agree that none should be instituted affording a fair occasion for the attainment of that by either party which were not conformable to the object. After a pause of a few momen's he added, acknowledged laws of nations-leaving the definition that if the U. States did not avail themselves of this of such bleckades and all other details, to be settled occasion, not only to put an end to the war, which by the commissioners in the definitive treaty. they had declared, but to perform the conditions on I was disappointed and grieved to find that these which those orders were revoked, that the orders propositions, moderate and liberal. as they were, would, of course, revive. I could not forbear to reshould be treated in a manner which forbid me to mind his lordship, that when I took this view of the expect their acceptance. I was even asked by Mr.subject, in my note of the 24th of August, he had Hamilton, if the United States would deliver up the found it to be incorrect; but I hoped that, now I was native British seamen who might be naturalized in so fortunate as to agree with him on this point, some America? Although shocked at this demand, provision would be made, in case the ternis proposed mildly replied that such a procedure would be dis-for an armistice should be accepted, to prevent the graceful to America without being useful to Great revival of those edicts. His lordship attempted to Britain-that the habits of seamen were so peculiarly explain, but I could not distinctly seize his meaning. unaccommodating that no one would patiently go The conversation ended with an assurance on the through the long probation, required by law, to be- part of his lordship that he would, with as little decome the citizen of a country where he could not lay as possible, communicate officially to me the depursue his professional occupations and that not to feision of the Prince Regent, and I took my leave, foremploy him in this way would be virtually to surren-bidden to hope that, while the present councils and the present opinion of the American people prevail der him to Great Britain. I was disposed to believe, however, that a reci-here, this decision will be favorable. Procal arrangement might be nfade for giving up! deserters from public vessels. I have the honor to be, with great consideration and respect, sir, your faithful obedient servant, JONA. RUSSEL Russia and Spain. CADIZ, September 8, 1812. Here, perhaps, I owe an apology to my government, for having, without its precise commands, hazarded the overture above-mentioned, relative to British subjects who may hereafter become citizens of the United States. In taking this step. however, I persuaded myself that I did not trespass against the spirit of the instructions which I had received; The general and extraordinary Cortes have ratifiand bad the proposition been accepted, I should noted the following treaty of friendship, union, and allihyve been without all hope that it would have been ance between Spain and Russia. approved by the president, as its prospective opera- His catholic in jesty, den. Ferdinand the VII.king tion would have prevented injustice, and its recipro- of Spain and the Indies, being animated with the city disgrace. Should I, however, urged by too same sentiments, and desirous to re-establish and great a zeal to produce an accommodation, have consolidate the former relations and good corresmistaken herein the intentions of the President, Ipondence that existed between their respective mostill should have derived some consolation from re-narchies; with this intention, his catholic majesty, flecting that this proposition, thus frankly and expli-and in his name the regency of Spain, has appointed ertly made, afforded an opportunity of satisfactorily don Francisco de Bermudez, and his majesty the em testing the disposition of this government and might peror of all the Russians, has appointed count Nicho buseful in removing much misconception and er-las de Romanzoff, his counsellor of state, &c. and The refusal of this proposition sufficiently ex- the said plenipotentiaries having exchanged their plans dhe view with which I was assailed with the respective powers, have agreed upon and concluded atentious parade of the abortive negociations rela-¡the following articles. Lave to impressment; the exaggeration of its pre- Art. 1. There shall not only be a perfect amity, tnded difficulties; the artificial solemnity given to but likewise a sincere union and alliance between his its character; the affected sensibility to the popular majesty the king of Spain and the Indies, and his ma sentiment concerning it: and the fastidious excep-jesty the emperor of all the Russians, their heirs and tions taken to my powers, and proves most unequi-successors, and between their subjects. vocally the predetermination of the British govern Art. 2. The two high contracting parties, in coninent to rej, at this time, every overture for the sequence of this convention, shall draw up without discontinuance of this degrading practice. delay the stipulation of this alliance, and concert Most unfeignedly desiring to suspend the existing those measures which may conduce to their recipro hostilites between the two states with a reasonable cal interes, and with the firma intention of carrying prospect of finally terminating them in a manner ho- on a vigorous war against the emperor of the French, norable to both, I perhaps pressed with too much their common enemy; and do hereby promise to sincarnestness the adoption of the arrangement which I cerely co-operate in every thing that may be advanwas instructed to propose; for lord Castlereagh once tageous to both countries. obscrved, somewhat loftily, that if the American go verament was so anxious to get rid of the war, it acknowledges the general and extraordinary cortes, Art. 3. His majesty the emperor of all the Russians would have an opportunity of doing so on learning now assembled at Cadiz, as the only legitimate one the revocation of the orders in council. I felt con-of Spain and likewise the constitution which they strained on this occasion to assure his lordship, that have decreed and sanctioned. the anxiety of the American government to get rid of Art. 4. The relations of commerce shall be hereby the wear was only a proof of the sincerity with which it established, and the two high contracting parties has constantly sought to avoid it, but that no event shall give to it all the extension and favor which the hel occurred, it was apprehended, to increase this advantage of both countries may require. ansieg. His lordship, correcting hs manner, rejoined, that it was not his intention to say any thing ratifications shall be exchanged at St. Petersburg Art. 5. The present treaty shall be ratified, and the |