"Neither party is to impose on the importation or exportation of any article the produce of the other, any higher or other duties than on the like article from or to any other foreign country; nor shall any prohibition be imposed, not extending equally to all other nations.

"No preference shall be given, by either of the parties, in the purchase of the produce of one, brought into the ports of the other, on account of the character of the vessel in which it was imported.

"A vessel, owned exclusively by citizens of either of the three Hanseatic cities, the master being a citizen of either, and three-fourths of the crew citizens of any of the said cities, or of the states of the German confederation, shall be considered as belonging to Lubeck, Bremen or Hamburgh.

66 Any such vessel, with her cargo, coming from either of the said ports to the United States, shall be deemed to have cleared from the republic to which she belongs; and any vessel of the United States, trading to the said ports directly, or in succession, shall be on the footing of a Hanseatic vessel making the same voyage.

All merchants, commanders of ships, and other citizens of either party, shall be free to manage their own business in the ports and places belonging to the other; to be treated as citizens of the republic in which they reside, or at least placed on a footing with the citi zens or subjects of the most favoured nation.

"Citizens of each party, within the jurisdiction of the other, shall have power to dispose of their personal goods, by sale, donation, testament or otherwise; and their representatives, citizens of the other party, shall succeed to the same in case of death, paying the same dues only as are required from the inhabitants. The heirs are allowed three years to dispose of real estate, if prevented, as aliens, from holding it.

"Each party engages to protect the persons and property of citizens of the other; leaving the tribunals of justice free to them on the same terms as to its own people.

“No particular favour, respecting commerce or navigation, shall be granted to other nations by either party that shall not immediately become common to the other, on the same terms.

"The convention to be in force for twelve years, and until twelve months after notice from either party of an intention to terminate it. If one or two only of the Hanseatic republics shall give or receive such notice, the treaty still to remain in force with regard to the others."

CHAPTER XI.

CONVENTION OF 1824 WITH RUSSIA.

Singular controversy-Only point ever in dispute-Ukase of September 1821, claiming the North West-Letter of Russian ministerGrounds of claim-Americans on coast in '83-Russian titles examined-Discovery-Occupation-Possession--Behring--Tschirikoff-Cook-La Perouse-Dixon-Vancouvre--Baranoff--No foun dation for claim-Renounced by convention of 1824-Always on best terms with Russia-Very useful as mediator-No treaty of commerce-Great trade-American and Russian ministers.

SINCE the general peace of Europe there has been but a single moment, when the friendly relations of the United States with Russia were interrupted, and that in a manner, so singular and unexpected, as to be attributed rather to accident, or to an ignorance of claims and boundaries, than to a settled design to encroach upon the possessions of this country. The act, also, may, in all probability, be traced to the influence of individuals, concerned in the trade of the Russian north-west. But for the proper understanding of the subject, it is necessary to place before the reader, in an authentic shape, an account of this transaction, which derives almost the whole of its importance, so far as it respects Russia, from the circumstance of its being the only cause of misunderstanding, though of a transient nature, the United States have ever had with the imperial government.

In September 1821, the Emperor Alexander issued a Ukase in the following terms:

"SECT. 1. The pursuits of commerce, whaling and fishery and of all other industry on all islands, ports and gulfs, including the whole of the north-west coast of America, beginning from Behring's Straits to the 51st degree of northern latitude, also, from the

Aleutian islands to the eastern coast of Siberia, as well as along the Kurile islands from Behring's Straits to the south cape of the island of Urup, viz. to the 45° 50′ northern latitude, are exclusively granted to the Russian subjects.

"SECT. 2. It is, therefore, prohibited to all foreign vessels, not only to land on the coasts and islands, belonging to Russia, as stated above, but, also, to approach within less than an hundred Italian miles. The transgressor's vessel is subject to confiscation along with the whole cargo."

At an early period after the peace of 1783, our ships had found their way to the north-west coast in pursuit of the valuable furs, collected on those inhospitable shores. The habits of our seamen were well adapted to this peculiar and dangerous navigation and employment, and as little capital, beyond the equipment of the vessel was required, the impoverished condition of the country, during that critical situation of our affairs, presented no serious obstacles to enterprises of that description. This traffic was conducted with so much zeal and spirit, that in the first and second years of the present century, there were no less than fifteen American vessels on the coast, though, of late, the trade has decreased, in consequence of the wasteful and wanton destruction made of the sea otter by the Russians and Indians. But it is, still, valuable, not only on account of the furs, but as connected with a great variety of expeditions round Cape Horn, in which little positive capital is embarked, but that lead to rich returns in teas, silks, sugars and other articles of general consumption. No molestation was encountered in the prosecution of this traffic till the year 1821, and though it was, of course, always known, that the Russians held settlements towards the head of the continent at the Aleutian islands and in the neighbourhood of Behring's Straits, it never occurred to any one, that the imperial government would undertake, without notice to foreign powers, to appropriate to itself the whole coast of the north-west, in the least degree, valuable for the fur fishery. The only grounds, that, risk of a mercantile en

at all remunerate the expense and terprise, lie to the north of the 51st degree, and the higher

latitudes of the coast, most convenient and accessible to the Russians, being now nearly exhausted, the partiality, which the fur company of that nation manifested for the 51st degree of north latitude, is at once explained.

Our commerce has never been assailed in a more fell, unsparing manner, and, yet, in the European seas it has passed through every variety and degree of vexation, insult and oppression. A Berlin decree, or an order in council sealing and investing the distant and desolate coast of the north west! The ancient and celebrated doctrine of the mare clausum of Selden applied to an ocean, four thousand miles in breadth! Our ships, after toiling through a long and difficult navigation round Cape Horn, and passing up the opposite shore of this hemisphere, find themselves menaced with a maritime persecution and proscription, only reminding them of the tyrannical edicts of the old world from its absurdity and impotence. This unexplored, unclaimed region, the scene for thirty years of the undisturbed trade of several nations, has not escaped the contamination of the modern, monstrous principles of maritime legislation, and, as our merchant vessels have gradually and successively penetrated to every shore of the globe, they have not yet found a spot, which, in the course of the last half century, has not been visited with a blockade or the exercise of some despotic usurpation of war.

Having recited the Ukase of the emperor, we shall now examine the grounds on which this claim was founded. They are contained in a letter of February 28, 1822, of M. de Poletica, (at that time Russian minister in this country) to the Secretary of State ;-the subject is deserving of a critical discussion on account of the protracted and unsatisfactory controversies, that have arisen between the United States and Great Britain, concerning much of the territory, claimed, on this occasion, by Russia.

The imperial envoy asserts, in the official note we have mentioned, the three following titles, on the part of his government, to that portion of the north west coast of America, which extends to the 51st degree of north latitude, viz. the

title of the first discovery ;-the title of first occupation, and thirdly; the title of a long and undisputed possession. On examination it will probably be found, that no one of these titles can be maintained by the facts, that are known to exist upon this curious and interesting subject;-facts, which the reader may find in the celebrated and perfectly authentic voyages of Behring and Tschirikoff by Muller; and of Cook, la Perouse, Dixon and Vancouvre. Not having access to the unpublished journals of those navigators, to whom M. de Poletica* alludes, we know not what value belongs to their authority; but probably many of them were little more than the chiefs of those small hunting establishments, the Russians are known to possess in the high latitudes of the north west. We are farther confirmed in this opinion from the circumstance, that Dixon and Vancouvre complain greatly of the ignorance of the Russians in Cook's River and Prince William's Sound. They appeared to know very little of the geography of the coasts, a degree of ignorance that could not have existed, if the discoveries had been made by

*Extract from the letter of the Russian minister. "In 1728 the celebrated Capt. Behring made his first voyage. The recitals of his discoveries attracted the attention of the government, and the Empress Anne, intrusted to Capt. Behring (1741), a new expedition in these same latitudes. She sent with him the academicians Gamelin, Delisle, de la Croyere, Muller, Steller, Fisher, Krasilnicoff and others, and the first chart of these countries, which is known, was the result of their labours, published in 1758. Besides the strait, which bears the name of the chief of this expedition, he discovered a great part of the islands, which are found between the two continents; cape or mount St. Elias, which still bears this name, upon all the charts, was so called by Capt. Behring, who discovered it on the day of the feast of this saint, and his second captain Tschirikoff, pushed his discoveries as far as the 49th degree of north latitude. If the imperial government had, at the time, published the discoveries, made by the Russian navigators after Behring and Tschirikoff, (viz. Chlodiloff, Screbreanicoff, Krassilnicoff, Paycoff, Poushcareff, Lazareff, Medwedeff, Solowieff, Lewasheff, Krenitsin and others), no one would refuse to Russia the right of first discovery, nor could any one deny her that of first occupation."