120 ACTION OF THE UNITED STATES. 



direction, traversing Bering Sea midway between the island of Attovi 

 on the east and Copper Island on the west, to the meridian of 193° 

 west longitnde, leaving the prolonged group of the Aleutian Islands in 

 the possessions now transferred to the United States, and making the 

 western boundary of our country the dividing Ime which separates Asia 

 from America. In the Aleutian range, besides innumerable islets and 

 rocks, there are not less than fifty-five islands exceeding 3 miles m 

 length; there are seven exceeding 40 miles, with Ounimak, which is 

 the largest, exceeding 73 miles. In our part of Bering Sea there are 

 five considerable islands, the largest of which is St. Lawrence, being 

 more than 96 miles long." (See Ex. Doc. No. 177, Fortieth Congress, 

 second session, p. 125.) Indicating most clearly what was the under- 

 standing in the United States Senate at the time as to our western 

 boundary. 



Subdivision 2 of section 2 of the Constitution in defining the powers 

 of the President, says: " He shall have power, by and with the advice 

 and consent of the Senate, to make treaties, provided two-thirds of the 

 Senators present concur." * * * 



Judge Story, in considering this clause of the Constitution, says : " It 

 will be observed from this that the power to make treaties is by the 

 Constitution general, and, of course, it embraces all sorts of treaties for 

 peace or war, for commence or territory." * * * (gee Story on the 

 Constitution, §1508, and authorities there cited.) 



It is argued that this question belongs to the political department of 

 the Government and that it should be there adjusted, but this x^osition 

 is, I think, wholly untenable, at least at this stage of the controversy. 



The second clause of the sixth article of the Constitution declares 

 that: "This Constitution and the laws of the United States, which 

 shall be made in pursuance thereof, and all treaties made, or which 

 shall be made, under the authority of the United States, shall be the 

 supreme law of the land. And the j udges in every State shall be bound 

 thereby, anything in the constitution or laws of any State to the con_ 

 trary notwithstanding." 



Judge Story, in commenting on this section, forcibly says: " The pro- 

 priety of this clause would seem to result from the very nature of the 

 Coustitution. If it was to establish a national government, that gov 

 ernment ought, to the extent of its powers and rights, to be supreme. 

 It would be a solecism to afiflrm that a national government should ex- 

 ist with certain powers, and yet that in the exercise of those powers it 

 should not be supreme. 



"In regard to treaties, there is equal reason why they should be held 

 when made to be the supreme law of the land. It is to be considered 

 that treaties constitute solemn compacts of binding obligation among 

 nations; and unless they are scrupulously obeyed and enforced, no for- 

 eign nation would consent to negotiate with us; or, if it did, any want 

 of strict fidelity on our part in the discharge of the treaty stipulations 

 would be visited by reprisals of war. It is, therefore, indispensable, 

 that they should have the obligation and force of a law;, that they may 

 be executed by the judicial power and be obeyed like other laws." 

 (See Story on the Constitution, sec. 1838.) 



Congress recognized the right of the United States to the whole of 

 the new acquisition by appropriating $7,200,000 to pay for the new 

 territory, and on the 27th day of July, 1808, extended the laws of the 

 United States relating to customs, commerce, and navigation over all 

 the mainland, islands, and waters of the territory ceded to the United 

 States by the Emperor of Russia. (See Revised Statutes, sec. 1951.) 



