seront bornés à empêcher la contrebande dans les limites reconnues par les autres puissances, en prenant nos établissemens actuels pour base de ces opérations. De cette manière, il n'y aura pas de complication pour entraver la négociation que pourra entamer M. le Baron de Tuyll dès son arrivée à Washington. Si vous dites que vous faites protestation, vous ferez du tort à la négociation; il ne faut pas non plus faire l'insinuation que nous ayons avancé une injuste prétention, même en nous complimentant sur notre politique passée; il ne faut pas nous sommer de révoquer des ordres donnés; nous ne révoquons pas; nous ne nous rétractons pas. Mais dans le fait il n'y a pas d'ordres donnés qui autorisent ce que vous craignez." After much discussion I acquiesced in the solidity of the reasons for not delivering my note, and immediately wrote to Count Nesselrode asking an interview, which was granted for the 27th day of the month. At that conference I talked over the matter with the two secretaries of state and brought fully to their view the substance of the instructions upon the ukase of 4th September last, insisting upon the necessity of this Government suspending the execution of those regulations which violate the general right of navigating within the common jurisdiction of all nations, and declaring that the territorial pretension advanced by Russia must be considered as entirely inadmissible by the United States until the conflicting claims shall have been settled by treaty. I received verbal assurances that our wish in both respects will be complied with, and that it is the intention of the Emperor that Baron Tuyll shall be furnished with full powers to adjust all controversies upon the subject of trade and territory upon the N. W. Coast. "Mais en attendant," said Ct. Capodistrias, "votre gouvernment voudra bien défendre à ses sujets le commerce dans les limites sujettes à contestation." In answer to this apostrophe I represented that this could not possibly be done without admitting the exclusive rights of Russia, and that until those should be made manifest our Government has no authority to inhibit its citizens from exercising their free industry within the limits sanctioned by the laws of their country and of nations. I thought it necessary to give official form to these verbal communications, and upon stating this to the secretaries it was agreed that I should simply ask to be informed what was intended by the Imperial Government, and they promised that the answer should be satisfactory. Immediately on my return home I penned the note No. 2, and received in answer, upon the 1st of this month, that numbered 3. I have the honor to be sir, etc., etc., HENRY MIDDLETON. P.S.-A Russian frigate of 44 guns and 120 men, commanded by Capt. Lieut. Lazaroff, sailed about the 1st of August (O. S.), in company with a Norse ship, bound for the N. W. Coast. The SECRETARY OF STATE OF THE UNITED STATES, ST. PETERSBURG, August, 1822. [Inclosure No. 1-Prepared, but not delivered.] Note verbale. The correspondence of the Russian Envoy in the United States of America with the Secretary of State of that Government has probably given the Imperial Government a sufficient knowledge of the weighty reasons that have induced the Government of the said States to protest against the changes made in the regulations governing foreign commerce in those parts of the Russian possessions that are situated on the Pacific coast. If all the powers, and especially commercial nations, are interested in the maintenance of maritime rights unimpaired, it is not to be doubted that the President of the United States has learned, with the deepest concern, that the aforesaid regulalations have been sanctioned by a power which has long been fondly regarded as a protector of the freedom of navigation against all unjust pretensious; for he must, with reason, fear the influence of such an example, and must also fear lest nations possessing preponderating power at sea may avail themselves thereof to justify abuses of power by the example of those which should be most interested in upholding the universal rights of nations. Since the President cannot close his eyes to the fact that public opinion is greatly opposed to these regulations, and is fully convinced that it is quite impossible for the United States Government to acquiesce in them, he has thought proper, not only in view of his feelings of friendship for His Majesty the Emperor of all the Russias, but of the uprightness of intention of which he is conscious, and of the frankness which he uses on all occasions, not to leave the Imperial Government in uncertainty with regard to his determination to uphold the rights and interests of his fellow-citizens, and to insist that the United States and their subjects shall still have, as they have had in the past, full liberty to sail in the Pacific Ocean and off the coasts of the neighboring countries within the limits recognized by the law of nations. A careful perusal of the correspondence which has recently been exchanged at Washington in relation to the aforesaid regulations cannot fail to show that a state of war between the two powers exists already, owing to the principles that have been avowed on both sides. Nothing is lacking to make this complete except a declaration or acts of violence, which latter cannot be long in coming, unless precautionary measures be at once taken. It is especially owing to this circumstance that the departure of Mr. Poletica, without having been authorized to enter upon a discussion of our mutual rights and duties, is to be regretted. Under present circumstances it is very desirable that there should be a suspension of the territorial claims of Russia to the border regions of the United States, without prejudice to the respective rights of the powers interested, until the settlement of the boundaries by a treaty, but it is especially necessary, for the avoidance of any complications that might arise through hostilities, that the Russian Government should abstain from putting into execution the measures ordered by the ukase of September 4, 1821, and that it should consent to revoke the orders issued to its vessels of war, if any such have been issued authorizing those measures to be put into execution. In the fear of jeopardizing more important interests than those just now under consideration, and in order not to run any risks that foresight may prevent, the undersigned deems it his duty to make this representation, and he earnestly hopes that the Imperial Government will see, and will avert by acting upon these suggestions, the dangers which threaten to disturb the good understanding which so happily exists between the two countries. ST. PETERSBURG, July 24th, 1822. (Signed) H'Y MIDDLETON, [Inclosure No. 2.] The undersigned, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, has the honor to call the attention of his excellency the Secretary of State, Count Nesselrode, to the correspondence which has recently taken place between the Envoy of Russia in the United States and the Secretary of State of the United States. The correspondence has probably sufficiently made known the reasons which the United States have alleged for not agreeing to the regulations adopted by the Russian American Company for the government of foreign commerce in those parts of their possessions that are on the Pacific coast. Mr. Poletica's departure from the United States, without having been authorized to enter more fully upon the discussion of our reciprocal rights and duties, is to be regretted exceedingly, because the divergence of the opinions avowed on both sides may give rise, by its duration, to acts of violence which will occasion annoying complications. In the mean time the undersigned deems it his duty to inquire what the intentions of the Imperial Government are as regards, the measures to be adopted for the avoidance of the complications which would be the outcome of the peremptory execution of the aforesaid regulations. The undersigned flatters himself that the Imperial Government will regard this step simply as the result of his earnest desire to avert the dangers which might threaten to disturb the good understanding which so happily exists between the two powers, and, awaiting a favorable reply, he has the honor to renew to his excellency the Secretary of State the assurance of his high consideration. (Signed) H'Y MIDDLETON. ST. PETERSBURG, July 27th, 1822. [Inclosure No. 3.] The undersigned Secretary of State, acting Minister of Foreign Affairs, hastened to lay before the Emperor the note which Mr. Middleton, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, addressed to him on the 27th ultimo, calling the attention of the Imperial Ministry to the correspondence which has passed between the Envoy of Russia at Washington and the United States Government, with regard to certain clauses of the regulations issued September, 1821, which were designed to protect the interests of Russian commerce on the Northwest Coast of North America. Being actuated by the constant desire to maintain in all their integrity the friendly relations existing between the court of Russia and the United States Government, the Emperor has been pleased to forestall the wishes which have just been made known to him. Major-General Baron de Tuyll, who has been appointed to the post that was filled by Mr. de Poletica, received orders to devote himself to the important task which his predecessor would have performed had the state of his health allowed him to prolong his stay in America. Having no doubt of the friendly disposition which will be manifested by the American Government in the negotiations which are about to be set on foot by General Tuyll, and feeling assured in advance that, by a series of these same negotiations, the interests of the commerce of the Russian American Company will be preserved from all injury, the Emperor has caused the vessels of the Imperial Navy which are about to visit the Northwest Coast to be furnished with instructions which are very much in keeping with the object that both Governments desire to attain, by mutual explanations, in a spirit of justice, harmony, and friendship. Having thus removed, so far as he is concerned, everything that might have given rise to the acts of violence which the American Government seems to have been long apprehending, His Imperial Majesty trusts that the President of the United States will, in turn, adopt such measures as his wisdom may suggest to him as best adapted to rectify all those errors, that have been intensified by that malevolence which seeks to misconstrue intentions and jeopardize the amicable relations of the two Governments. As soon as the shippers and merchants of the United States shall become convinced that the questions which have arisen in connection with the regulations of September 4-16 are receiving attention, and that it is firmly purposed to bring them to a decision that shall be mutually satisfactory, under the auspices of justice and of our unalterable friendship, then will it be impossible for the surveillance which the vessels of the Imperial Navy going to the Northwest Coast of America are directed by the new instructions to exercise there, ever to give rise to unpleasant complications. The undersigned, entertaining this conviction, which will doubtless be shared by Mr. Middleton, has but to add to the communications which he has been ordered to make in reply to the note of July 27th, the assurance of his very distinguished consideration. The undersigned, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the Emperor of all the Russias near the United States of America, has had the honor to express to Mr. Adams, Secretary of State, the desire of the Emperor, his master, who is ever animated by a sincere friendship toward the United States, to see the discussions that have arisen between the cabinets of St. Petersburg and Washington, upon some provisions contained in the ukase of the 4th (16th) of September, 1821, relative to the Russian possessions on the northwest coast of America, terminated by means of friendly negotiation. These views of His Imperial Majesty coincide with the wish expressed sometime since on the part of the United States in regard to a settlement of limits on the said coast. The ministry of the Emperor having induced the British ministry to furnish Sir Charles Bagot, ambassador of His Majesty the King of Egland near His Imperial Majesty, with full powers necessary for the negotiation about to be set on foot for reconciling the difficulties existing between the two courts on the subject of the northwest coast, the English Government is desirous of acceding to that invitation. The undersigned has been directed to communicate to Mr. Adams, Secretary of State, in the name of his august master, and as an additional proof of the sentiments entertained by His Imperial Majesty towards the President of the United States and the American Government, the expression of his desire that Mr. Middleton be also furnished with the necessary powers to terminate with the Imperial cabinet, by an arrangement founded on the principle of mutual convenience, all the differences that have arisen between Russia and the United States in consequence of the law published September 4 (16), 1821. The undersigned thinks he may hope that the Cabinet of Washington will, with pleasure, accede to a proposition tending to facilitate the completion of an arrangement based upon sentiments of mutual good will and of a nature to secure the interests of both countries. He profits, etc., TUYLL. Mr. Adams to Baron Tuyll. DEPARTMENT OF STATE, The undersigned, Secretary of State of the United States, has submitted to the consideration of the President the note which he had the honor of receiving from the Baron de Tuyll, Envoy Extraordinary and Minister Plenipotentiary from His Imperial Majesty the Emperor of all the Russias, dated the 12th (24th) of the last month. The undersigned has been directed, in answer to that note, to assure the Baron de Tuyll of the warm satisfaction with which the President receives and appreciates the friendly dispositions of His Imperial Majesty toward the United States; dispositions which it has been, and is, the earnest desire of the American Government to meet with corresponding returns, and which have been long cemented by the invariable friendship and cordiality which have subsisted between the United States and His Imperial Majesty. Penetrated with these sentiments, and anxiously seeking to promote their perpetuation, the President readily accedes to the proposal that the minister of the United States at the court of His Imperial Majesty should be furnished with powers for negotiating, upon principles adapted to those sentiments, the adjustment of the interests and rights which have been brought into collision upon the northwest coast of America, and which have heretofore formed a subject of correspondence between the two Governments, as well at Washington as at St. Petersburg. The undersigned is further commanded to add that, in pursuing, for the adjustment of the interests in question, this course, equally congenial to the friendly feelings of this nation towards Russia and to their reliance upon the justice and magnanimity of his Imperial Majesty, the President of the United States confides that the arrangements of the cabinet of St. Petersburg will have suspended the possibility of any consequences resulting from the ukase to which the Baron de Tuyll's note refers which could affect the just rights and the lawful commerce of the United States during the amicable discussion of the subject between the Governments respectively interested in it. The undersigned, etc., JOHN QUINCY ADAMS. No. 16.] Mr. Adams to Mr. Middleton. DEPARTMENT OF STATE, SIR: I have the honor of inclosing herewith copies of a note from Baron de Tuyll, the Russian minister, recently arrived, proposing, on the part of His Majesty the Emperor of Russia, that a power should be transmitted to you to enter upon a negotiation with the ministers of his Government concerning the differences which have arisen from the Imperial ukase of 4th (16th) September, 1821, relative to the northwest coast of America, and of the answer from this Department acceding to this proposal. A full power is accordingly inclosed, and you will consider this letter as communicating to you the President's instructions for the conduct of the negotiation. From the tenor of the ukase, the pretentions of the Imperial Government extend to an exclusive territorial jurisdiction from the forty-fifth degree of north latitude, on the Asiatic coast, to the latitude of fifty-one north on the western coast of the American continent; and they assume the right of interdicting the navigation and the fishery of all other nations to the extent of 100 miles from the whole of that coast. The United States can admit no part of these claims. Their right of navigation and of fishing is perfect, and has been in constant exercise from the earliest times, after the peace of 1783, throughout the whole extent of the Southern Ocean, subject only to the ordinary exceptions and exclusions of the territorial jurisdictions, which, so far as Russian rights are concerned, are confined to certain islands north of the fiftyfifth degree of latitude, and have no existence on the continent of America. The correspondence between Mr. Poletica and this Department contained no discussion of the principles or of the facts upon which he attempted the justification of the Imperial ukase. This was purposely avoided on our part, under the expectation that the Imperial Government could not fail, upon a review of the measure, to revoke it altogether. It did, however, excite much public animadversion in this country, as the ukase itself had already done in England. I inclose herewith the North American Review for October, 1822, No. 37, which |