high seas within one hundred Italian miles of their possessions. This unreasonable and despotic and intolerable regulation is a poor and weak imitation of an ordinance of the Spaniards, which commands all vessels to abstain from taking others within thirty leagues of their coasts. We shall not repeat again, that an imperial ukase cannot affect the rights or subvert the laws of nations. It is, however, well known, why they have fixed upon the 51st degree as their limit. The fur trade is worth nothing below that latitude. Though we have entered into this business with more than usual detail, it never could have been expected by the United States, that an honourable and perfectly satisfactory adjustment of the controversy would either have been delayed or denied, whenever the subject could have been presented, fairly and fully, to the consideration of the Russian government. The American government relied, with confidence, on this occasion, as they have done on all others, on the sense of justice and friendly disposition of the Russian cabinet; well persuaded, that the claim, asserted in the imperial decree, already quoted, would be speedily renounced, when the matter was properly understood. After, therefore, an amicable discussion, a convention* was concluded, in 1824, * " In the name of the Most Holy and Indivisible Trinity :--The President of the United States of America and his Majesty the emperor of all the Russias, wishing to cement the bonds of amity which unite them, and to secure between them the invariable maintenance of a perfect concord, by means of the present convention, have named, as their plenipotentiaries, to this effect, to wit: The President of the United States of America, Henry Middleton, a citizen of said States, and their envoy extraordinary and minister plenipotentiary near his Imperial Majesty and his Majesty the emperor of all the Russias, his beloved and faithful Charles Robert, Count of Nesselrode, actual privy counsellor, member of the council of state, secretary of state directing the administration of foreign affairs, actual chamberlain, knight of the order of St. Alexander Nevsky, grand cross of the order of St. Wladimir of the first class, knight of that of the white eagle of Poland, grand cross of the order of St. Stephen of Hungary, knight of the orders of the Holy Ghost and of St. Michael, and grand cross of the legion of honour of France, knight grand cross of the orders of the : at St. Petersburg, by which this business was regulated in a manner altogether satisfactory to the United States. black and of the red eagle of Prussia, of the annunciation of Sardinia, of Charles III. of Spain, of St. Ferdinand and of Merit of Naples, of the elephant of Denmark, of the polar star of Sweden, of the crown of Wirtemburg, of the Guelphs of Hanover, of the Belgic lion, of Fidelity of Baden, and of St. Constantine of Parma; and Pierre de Poletica, actual counsellor of state, knight of the order of St. Anne of the first class, and grand cross of the order of St. Wladimir of the second; who, after having exchanged their full powers, found in good and due form, have agreed upon, and signed the following stipulations: "ART. 1. It is agreed, that in any part of the Great Ocean, commonly called the Pacific Ocean, or south sea, the respective citizens or subjects of the high contracting powers shall be neither disturbed nor restrained, either in navigation or in fishing, or in the power of resorting to the coasts, upon points which may not already have been occupied, for the purpose of trading with the natives, saving always the restrictions and conditions determined by the following articles : “ART. 2. With the view of preventing the rights of navigation and of fishing, exercised upon the great ocean by the citizens and subjects of the high contracting powers, from becoming the pretext for an illicit trade, it is agreed that the citizens of the United States shall not resort to any point where there is a Russian establishment, without the permission of the governor or commander; and that, reciprocally, the subjects of Russia shall not resort, without permission, to any establishment of the United States upon the North West Coast. "ART. 3. It is moreover agreed, that, hereafter, there shall not be formed by the citizens of the United States, or under the authority of the said states, any establishment upon the Northwest coast of America, nor in any of the islands adjacent, to the north of fifty-four degrees and forty minutes of north latitude; and that, in the same manner, there shall be none formed by Russian subjects, or under the authority of Russia, south of the same parallel. "ART. 4. It is nevertheless, understood, that, during a term of ten years, counting from the signature of the present convention, the ships of both powers, or which belong to their citizens or subjects, respectively, may reciprocally frequent, without any hindrance whatever, the interior seas, gulfs, harbours and creeks, upon the coast mentioned in the preceding article, for the purpose of fishing and trading with the natives of the country. This is the only treaty of any kind we have entered into with Russia, though, for more than thirty years, we have had a great commercial intercourse with that country, and since 1809 a continued diplomatic one of the most harmonious and agreeable sort. On two important occasions, Russia has performed, with a gratifying readiness, the valuable office of mediator in our controversies with England. The situation of the Emperor is so entirely independent and his power is so very great, that both the United States and England may submit their controversies to his judgment, in the full confidence of an impartial and disinterested decision. We have here only to add, that the ministers to Russia, since the close of the war, were, James A. Bayard, of Delaware, appointed February 1815; William Pinkney, of Maryland, April of the same year; George W. Campbell, of Tennessee, April 1819; and, the actual resident, Henry Middleton, of South "ART. 5. All spirituous liquors, fire arms, other arms, powder, and munitions of war of every kind, are always excepted from this same commerce permitted by the preceding article; and the two powers engage, reciprocally, neither to sell, or suffer them to be sold to the natives by their respective citizens and subjects, nor by any person who may be under their authority. It is likewise stipulated that this restriction shall never afford a pretext, nor be advanced in any case, to authorize either search or detention of the vessels, seizure of the merchandise, or, in fine, any measures of constraint whatever towards the merchants or the crews who may carry on this commerce; the high contracting powers reciprocally reserving to themselves to determine upon the penalties to be incurred, and to inflict the punishments in case of the contravention of this article, by their respective citizens or subjects. "ART. 6. When this convention shall have been duly ratified by the President of the United States, 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 ratification shall be exchanged at Washington in the space of ten months from the date below, or sooner, if possible. In faith whereof, the respective plenipotentiaries have signed this convention, and thereto affixed the seals of their arms. "Done at St. Petersburg, the 17th (5th) April, of the year of Grace one thousand eight hundred and twenty-four." Carolina, appointed in April of the next year ;-all with the designation of envoy extraordinary and minister plenipotentiary. On the other hand, Russia has been represented in this country by Andrew de Daschkoff, accredited in 1815, Pierre de Poletica in 1819, the Baron de Tyull in 1823, the Baron de Maltitz, a chargé, and, at the present time, by the Baron Krudener. With the exception mentioned, these ministers have held the highest rank of diplomatic agents, sent to this country by the powers of Europe. CHAPTER XII. COLONIAL TRADE WITH GREAT BRITAIN. Two opportunities to regulate this trade passed by-In 1794 and 1825 -Right to trade not a natural one—. -Depends on conventional law— True distinction-Since 1783 subject of negotiation as well as of intercourse-Constitutes right on part of the United States to negotiate for it-Amount of the trade in different years-Valuable for manner in which it is conducted-Excellent nursery for seamen-History of negotiations with England-United States have rejected all proposi tions in expectation of acquiring the whole trade-No indication that England will yield this ground-Acts of the American and English governments-Practical effects of the system-Mr. King sent to London-No instructions—is succeeded by Mr. Gallatin—The English proposition of 1825 withdrawn, and intimation given, that farther negotiation would be declined—Trade remains in same state to present hour-Examination of ground assumed by England. THIS government appears to have suffered two opportunities to have passed by for making a tolerably permanent and, in some respects, advantageous arrangement, relative to a trade with the British West Indies. The first was, in rejecting that part of the 12th article of the London treaty of 1794, that allowed an intercourse in vessels, not exceeding seventy tons burthen, a condition wearing an invidious air, but, in reality, the size specified, was one, our merchants, engaged in the traffic, would have selected;—and the other, in declining to accept the proposition of the British government of July 1825. Both these opportunities seem to have been disregarded, not from want of skill in conducting the negotiation, but from an impression entertained by the senate in one case, and the cabinet in the other, that, by the steady rejection of subordinate terms, the trade with the co |