of Columbia river. But from the same statement it appears, that in the year 1799, the limits prescribed by the emperor Paul to the Russian American company were fixed at the 55th degree of latitude; and that, in assuming now the latitude of 51, a new pretension is asserted, to which no settlement made since the year 1799 has given the colour of a sanction.

This pretension is to be considered, not only with reference to the question of territorial right, but also to that prohibition to the vessels of other nations, including those of the United States, to approach within 100 Italian miles of the coasts. From the period of the existence of the United States as an independent nation, their vessels have freely navigated those seas, and the right to navigate them is a part of that independ

ence.

With regard to the suggestion, that the Russian government might have justified the exercise of sovereignty over the Pacific Ocean, as a close sea, because it claims territory both on its American and Asiatic shores, it may suffice to say, that the distance from shore to shore on this sea, in latitude 51 north, is not less than 90 degrees of longitude, or 4,000 miles.

As little can the United States accede to the justice of the reason assigned for the prohibition abovementioned. The right of the citizens of the United States to hold commerce with the aboriginal natives of the north-west coast of America, without the territorial jurisdiction of other nations, even in arms and munitions of war, is as clear and indisputable as that of navigating the seas. That right has never been exercised in a spirit unfriendly to Russia; and, al

though general complaints have occasionally been made on the subject of this commerce by some of your predecessors, no specific ground of charge has ever been alleged by them of any transaction in it which the United States were, by the ordinary laws and usages of nations, bound either to restrain or to punish. Had any such charge been made, it would have received the most pointed attention of this government, with the sincerest and firmest disposition to perform every act and obligation of justice to yours which could have been required. I am commanded by the president of the United States to assure you, that this disposition will continue to be entertained, together with the earnest desire that the most harmonious relations between the two countries may be preserved.

Relying upon the assurance in your note of similar dispositions reciprocally entertained by his Imperial majesty towards the United States, the president is persuaded that the citizens of this Union will remain unmolested in the prosecution of their lawful commerce, and that no effect will be given to an interdiction manifestly incompatible with their rights.

I am happy to renew the assur ances of my distinguished consi deration. JOHN QUINCY ADAMS. The Chevalier de Poletica, Envoy Extraordinary and Minister Plenipotentiary from Russia.

The Chevalier de Poletica, to the Secretary of State.

Washington, March 21 (April 2), 1822.

Sir;-I had the honour yesterday to receive the letter which you were pleased to address to me, dated the 30th of March last, N. S.; and not being authorized to continue the discussion to which it refers, I find myself under the necessity of taking the contents of that letter ad referendum, reserving myself to communicate it to my government as soon as possible.

In the mean time I shall take the liberty of submitting to your consideration some observations which have been suggested to me by certain passages in your letter, which require particular notice.

In the first official letter which I had the honour of addressing to you, dated the 16th (28th) February last, I thought I had succeeded in clearly demonstrating that the rights of Russia to the possession of a certain extent of the northwest coast of America, as far as these rights can be rendered legitimate by the first discovery, the first occupation, and a possession not contested for more than half a century; that these rights, I say, go back to times considerably earlier than the reign of the emperor Paul

I.

When this sovereign granted, in 1799, to the Russian American Society its first charter of incorporation, there had never been a question about abandoning to that company the right of sovereignty over one determinate portion of the north-west coast of America in all its plenitude. The question was purely and simply of conceding to the said company a part of the sovereignty, or rather certain exclusive privileges of commerce ; and it is in this view that the acts of 1799, to which you refer, Sir, fixed the limits of the operations of the Russian American company. The rights of sovereignty belonging to Russia, could lose nothing of their local extent in

consequence of the concessions made to that company in the reign of the emperor Paul. That these rights extended, in the opinion of the Imperial government, farther south than the 55th degree of latitude, appears evident from the structure of the 3rd article of the act of incorporation, which authorizes the company to form establishments south of the 55th degree of north latitude.

But, what will dispel even the shadow of doubt in this regard, is the authentic fact, that, in 1789, the Spanish packet St. Charles, commanded by captain Haro, found in the latitude 48 and 49, Russian establishments to the number of eight, consisting in the whole of 20 families and 462 individuals. These were the descendants of the companions of captain Tchiricoff, who were supposed till then to have perished.

With such titles justifying the rights claimed by Russia, you yourself, Sir, will agree, that it is perfectly immaterial, whether the Russian establishment at Nov Archangelsk be small or large. If the right of territorial possessions were measured according to the dimensions of the points occupied, what would become of those of the United States upon a very considerable extent of the same north-west coast? for the only American establishment ever yet known is certainly very inferior in stability to that of Russia at Nov Archangelsk.

In the same manner the great extent of the Pacific Ocean, at the 51st degree of latitude, cannot invalidate the right which Russia may have of considering that part of the ocean as close. But, as the Imperial government has not thought fit to take advantage of that right, all further discussion on this subject would be idle.

As for the right claimed for the citizens of the United States of trading with the natives of the country of the north-west coast of America, without the limits of the jurisdiction belonging to Russia, the imperial government will not certainly think of limiting it, and still less of attacking it there. But I cannot dissemble, Sir, that this same trade beyond the 51st degree will meet with difficulties and inconveniences for which the American owners will only have to accuse their own imprudence, after the publicity which has been given to the measures taken by the Imperial government for maintaining the rights of the Russian American

company in their absolute integrity.

I shall not finish this letter without repeating to you, Sir, the very positive assurance which I have already had the honour once of expressing to you, that in every case where the American government shall judge it necessary to make explanations to that of the emperor, the president of the United States may rest assured that these explanations will be always attended to by the emperor, my august sovereign, with the most friendly and consequently the most conciliatory disposition. Be pleased to accept, Sir, the assurance of my high consideration. PIERRE DE POLETICA.

The United States of America, and his majesty the king of France and Navarre, being desirous of settling the relations of navigation and commerce between their respective nations, by a temporary convention reciprocally beneficial and satisfactory, and thereby of leading to a more permanent and comprehensive arrangement, have respectively furnished their full powers in manner following, that is to say the president of the United States to John Quincy Adams, their secretary of state; and his most Christian majesty to the baron Hyde de Neuville, knight of the royal and military order of St. Louis, commander of the legion of honour, grand cross of the royal American order of Isabella the Catholic, his envoy

extraordinary and minister plenipotentiary near the United States, who, after exchanging their full powers, have agreed on the following articles :

Art. 1. Articles of the growth, produce, or manufacture of the United States, imported into France in vessels of the United States, shall pay an additional duty, not exceeding 20 francs per ton of merchandise, over and above the duties paid on the like articles, also of the growth, produce, or manufacture of the United States, when imported in French vessels.

2. Articles of the growth, produce, or manufacture of France, imported into the United States in French vessels shall pay an additional duty, not exceeding 3 dollars and 75 cents per ton of merchandize, over and above the duties collected upon the like articles, also of the growth, produce, or manufacture of France, when imported in vessels of the United States.

3. No discriminating duty shall be levied upon the productions of the soil or industry of France, imported in French bottoms into the ports of the United States for transit or re-exportation.

Nor shall any such duties be levied upon the productions of the soil or industry of the United States, imported in vessels of the United States into the ports of France for transit or re-exportation. 4. The following quantities shall be considered as forming the ton of merchandise for each of the articles hereinafter specified:Wines-four 61 gallon hogsheads, or 244 gallons of 231 cubic inches, American measure.

Brandies, and all other liquids, 244 gallons.

Silks and all other dry goods, and all other articles usually subject to measurement, 42 cubic feet French in France, and 50 cubic feet American measure, in the United States.

Cotton-8041b. avoirdupois, or 365 kilogrammes. Tobacco -1,600lb. avoirdupois, or 725 kilogrammes.

Ashes, pot, and pearl, 2,240lb. avoirdupois, or 1,016 kilogrammes. Rice-1,600lb. avoirdupois, or 725 kilogrammes.

And for all weighable articles not specified, 2,240lb. avoirdupois, or 1,016 kilogrammes.

5. The duties of tonnage, lightmoney, pilotage, port charges, brokerage, and all other duties upon foreign shipping, over and above those paid by the national

shipping in the two countries respectively, other than those specified in articles 1 and 2 of the present convention, shall not exceed in France, for vessels of the United States, 5 francs per ton of the vessel's American register; nor for vessels of France in the United States, 94 cents per ton of the vessel's French passport.

6. The contracting parties, wishing to favour their mutual commerce by affording in their ports every necessary assistance to their respective vessels, have agreed that the consuls and vice-consuls may cause to be arrested the sailors, being part of the crews of the vessels of their respective nations, who shall have deserted from the said vessels, in order to send them back, and transport them out of the country: for which purpose, the said consuls and vice-consuls shall address themselves to the courts, judges, and officers competent, and shall demand the said deserters in writing-proving by an exhibition of the registers of the vessel, or ship's roll, or other official documents, that those men were part of the said crews; and on this demand, so proved (saving, however, where the contrary is proved), the delivery shall not be refused; and there shall be given all aid and assistance to the said consuls and vice-consuls, for the search, seizure, and arrest of the said deserters, who shall even be detained, and kept in the prisons of the country, at their request and expense, until they shall have found an opportunity of sending them back. But if they be not sent back within three months, to be counted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same cause.