1819. additional articles to the treaty of Madrid, of July 5, 1814. That article is as follows: "It is agreed, that during the negotiation of a new treaty of commerce, Great Britain shall be admitted to trade with Spain, upon the same conditions as those which existed previously to 1796; all the treaties of commerce which at that period subsisted between the two nations being hereby ratified and confirmed." That this article related only to treaties of commerce, and between Great Britain and Spain only, without reference to the possessions of either party out of Europe, is clear; for, in the first place, no commerce had ever been allowed by treaty, between either party or its colonies and the colonies of the other; and, secondly, another article in the same treaty of Madrid provides, that "in the event of the commerce of the Spanish American colonies being opened to foreign nations, his Catholic Majesty promises that Great Britain shall be admitted to trade with those possessions as the most favored nations." Moreover, that the convention of 1790 should be considered as a commercial treaty between Spain and Great Britain, is impossible, seeing that one of its most clearly expressed objects was to prevent British subjects from carrying on any commerce with the Spanish American dominions.

These considerations appear to be sufficient to show that the convention of 1790 expired in 1796, and that it had not been renewed when Spain ceded to the United States all her rights to territories on the western side of America north of the 42d parallel. The restrictions and limitations which the parties to that convention imposed upon themselves in 1790, therefore, disappeared in 1796; and the rights of each were afterwards to be regulated only according to the general law of nations. Before the convention was concluded, the rights of Spain to the territory drained by the Columbia were undoubtedly stronger, agreeably to the law of nations, than those of any other Power. While the convention subsisted, neither party could acquire absolute sovereignty over any spot in that territory, even by occupation, and no attempt at occupation was made by Great Britain; so that, on the expiration of the convention, the rights of Spain became again stronger than those of any other Power. Between 1796 and 1819, the people of the United States had explored the region of the Columbia, and had established themselves on that river, before any attempt either to explore or to occupy the country had been made by British subjects. The American settlements taken by the British during war had been restored, agreeably to the treaty of peace; and on the 22d of February, 1819, when all the titles of Spain were transferred to the United States, Great Britain possessed no other just claims with regard to the country drained by the Columbia, than those derived from the convention of October previous; while the rights of the Americans were thenceforth founded on the bases of priority of discovery and priority of occupation.

The British Government has, however, positively refused to admit that the convention of 1790 has been abrogated, or that Spain could convey to the United States any other rights than

those which were secured to her by that convention. In the statement presented by the British plenipotentiaries to the American minister, during the negotiations at London in 1826, it is declared that all arguments and pretensions on the part of Great Britain or of Spain, whether resting on priority of discovery, or upon any other ground, were definitively set at rest by the convention of 1790, which opened all parts of the northwest coast of America to them both, for all purposes of commerce and settlement, and all the waters to be freely navigated by the vessels and subjects of both-that the rights of Spain having been conveyed to the United States by the Florida treaty, in 1819, the United States necessarily succeeded to the limitations by which those rights were defined, and to the obligations under which they were to be exercised-and that Great Britain could not be expected to release those countries from the obligations and limitations contracted towards herself, merely because the rights of the party originally bound had been transferred to a third Power. In order to sustain these propositions, it was assumed, and attempts were made, as already stated, to prove-that the United States possessed no other claims to the countries in question than those derived from Spain in 1819-that the Americans were not the first to enter the Columbia River,* nor to explore the region through which it flows,† nor to make settlements on its banks-and that the restitution of Astoria was accompanied by an express reservation of the rights of Great Britain to the sovereignty of the surrounding country.‡

The Florida treaty was not ratified until nearly two years after its signature by the plenipotentiaries; and before another year had elapsed, the authority of Spain had ceased in every part of America contiguous to the United States. In 1828, a treaty of limits was concluded between the United States and Mexico, by which the line of boundary agreed on with Spain, in 1819, was admitted as separating the territories of the two republics, Mexico taking the place of Spain. The provisions for running and marking the said line have, however, not as yet been complied with by the Mexican Government.

1819.

1821.

In December, 1820, after the ratification of the Florida treaty, 1820. a resolution was passed by the House of Representatives in the Dec. 19.. Congress of the United States, on the motion of Mr. Floyd, of Virginia, "that an inquiry should be made as to the situation of the settlements on the Pacific Ocean, and as to the expediency of occupying the Columbia River." The committee to which this resolution was referred, presented a long Report, drawn up by Jan. 20. Mr. Floyd, containing a sketch of the history of colonization in America, an account of the fur trade in the northern and northwestern sections of the continent, and a description of the country claimed by the United States in those directions; from all which are drawn the conclusions-that the whole territory of America bordering upon the Pacific from the 41st degree of latitude to the

1821. 53d, if not to the 60th, belonged of right to the United States, in virtue of the purchase of Louisiana from France in 1803, of the late acquisition of the Spanish titles, and of the discoveries and settlements of American citizens-that the trade of those countries in furs and other articles, and the fisheries on their coasts, might be rendered highly productive-and that these advantages might be secured to citizens of the United States exclusively, by establishing "small trading-guards" on the most northeastern point of the Missouri, and at the mouth of the Columbia, and favoring emigration to the country west of the Rocky Mountains, not only from the United States, but also from China. The committee thereupon reported "a bill for the occupation of the Columbia, and the regulation of the trade with the Indians in the territories of the United States."

Without making any remarks upon the contents of this Report, `it may be observed with regard to the bill, that its terms are directly at variance with the provisions of the third article of the convention of October, 1818, between the United States and Great Britain; inasmuch as the Columbia could not possibly be free and open to the vessels, citizens, and subjects of both those nations, if it were occupied by either. The bill was suffered to lie on the table of the House of Representatives during the remainder of the session. The subject was again brought before Congress in the ensuing year, and an estimate was obtained from the Navy Commissioners of the expense of transporting cannon, ammunition, and stores to the Columbia; but no further action was taken on the matter, either in that or the next session of the Legislature of the Union.

In the mean time, important measures with respect to the northwest territories of America had been adopted and enforced by the British and the Russian Governments.

The enmity subsisting between the Hudson's Bay and the Northwest Companies was for many years displayed only in words, or in the commission of trifling injuries by each party against the other. At length, however, in 1814, a regular war broke out, and was for some time openly carried on between them. The scene of the hostilities was the territory on the Red River, contiguous to the frontiers of the United States, in which a colony of Scotch highlanders was established in 1812, by Lord Selkirk, in virtue of a grant of the country from the Hudson's Bay Company. The validity of that grant was denied by the Northwest Company, to which the colony had proved injurious, as the supplies of provisions for the use of the northwest posts had been before obtained almost wholly from the Red River lands. The consequences were disputes and various acts of violence, until, finally, in 1814, the Scotchmen were driven away, and their houses were destroyed by their opponents. The colony was re-established in the following year; after which, the hostilities were renewed, posts were taken and burnt by each party, and on the 19th of June, 1816, a battle was fought, in which the Scotchmen were routed; their governor, Mr. Semple, and seventeen of his followers, being killed.

These affairs were brought before the British Parliament in June, 1819; and two years afterwards, a compromise was effected between the rival companies, through the intervention of the Colonial Department, by which they were united into one body, under the name of the Hudson's Bay Company; an Act being at the same time, and in connexion with the arrangement, passed by Parliament, on the authority of which the trade of all the Indian territories in northern America owned or claimed by Great Britain was granted exclusively to that company for twenty-one years.

1821.

By this act, "for regulating the fur trade, and establishing a July 2. criminal and civil jurisdiction in certain parts of North America, the King was authorized to make grants, or give "licenses to any body corporate, company, or person, for the exclusive privilege of trading with the Indians in all parts of North America, not being parts of the territories heretofore granted to the Hudson's Bay Company, or of any of his Majesty's provinces, or of territories belonging to the United States;" it being, however, provided—that no such grant or license was to be given for a longer period than twenty-one years-that no grant or license of exclusive trade in the part of America west of the Rocky Mountains, which was, by the convention of 1818 with the United States, to remain free and open to the citizens or subjects of both nations, should be used to the prejudice or exclusion of any citizens of the United States engaged in such trade-and that no British subject should trade in the said territories west of the Rocky Mountains, without such license or grant. Courts of judicature established in Upper Canada were empowered to take cognizance of all causes within the above described parts of America, as also within those belonging to the Hudson's Bay Company; and justices of the peace, or persons specially commissioned for the purpose, were to determine causes, and to execute and enforce the orders and judg ments of the aforesaid courts, in different parts of those regions; they being also authorized to commit to custody, and to convey to Upper Canada for trial, any person refusing to obey such orders and judgments. The justices of the peace might likewise be empowered to hold courts in the Indian countries, for trial of minor offences and of civil causes in which the amount in issue should not exceed two hundred pounds.

Immediately after the passage of this act, the coalition of the August. two companies took place; and the Hudson's Bay Company received grants for exclusive trade in all the territories north of Canada, and of the United States, not already belonging to it, as also in those west of the Rocky Mountains, under the conditions expressed in the act. Persons in the service of the company were likewise commissioned as justices of the peace, and the jurisdiction of the courts of Upper Canada was rendered effective as far as the shores of the Pacific; no exception in that respect being made by the terms of the act, with regard to any of the territories in which licenses for trade could be granted.

The Russians were at the same period endeavoring to extend their dominion over the coasts of the north Pacific, by means more arbitrary, though less effective, as the result proved.

1821. On the 8th of July, 1819, the charter of the Russian-American Company was renewed for twenty years, by the Emperor Alexander; and on the 4th of September, 1821, an imperial ukase, or edict, was issued at Saint Petersburgh, by which the whole west coast of America north of the 51st parallel, and the whole east coast of Asia north of the latitude of 45 degrees 50 minutes, and all the adjacent and intervening islands, were declared to belong exclusively to Russia; foreigners being prohibited, under heavy penalties, from approaching within a hundred miles of any of those territories, except in cases of extreme necessity.

1822.

This ukase was communicated to the Government of the United Feb. 11. States by the Chevalier de Poletica, Russian envoy at Washing

ton, between whom and Mr. J. Q. Adams, the American Secretary of State, a correspondence took place on the subject. Mr. Feb. 25. Adams began by expressing the astonishment of the President at these claims and assumptions of the Russian Government, and desired to know upon what circumstances they were founded. Feb. 28. To this the envoy replied by a long communication, containing a sketch (generally erroneous) of the discoveries of his countrymen on the northwest coast of America, which he insisted to have extended southward as far as the 49th degree of latitude; he defended the assumption of the 55th parallel as the southern limit of the possessions of his Sovereign, upon the ground that this line was midway between the mouth of the Columbia, where the Americans had formed a settlement, and New Archangel, the most southern Russian establishment; and he finally maintained that his Government would be justifiable in exercising the rights of sovereignty over the whole of the Pacific north of the said parallel, inasmuch as that section of the sea was bounded on both sides by Russian territories, and was thus in fact a close sea. Mar. 30. The Secretary of State, in return, asserted that "from the period of the existence of the United States as an independent nation, their vessels had freely navigated those seas; and the right to navigate them was a part of that independence, as also the right of their citizens to trade, even in arms and munitions of war, with the aboriginal natives of the northwest coast of America, who were not under the territorial jurisdiction of other nations." He denied in toto the claim of the Russians to any part of America south of the 55th degree of latitude, on the ground that this parallel was declared in the charter* of the Russian-American

* The first article of the charter or privilege granted by the Emperor Paul to the Russian-American Company, on the 8th of July, 1799, is as follows:

"In virtue of the discovery by Russian navigators of a part of the coast of America in the northeast, beginning from the 55th degree of latitude, and of chains of islands extending from Kamschatka, northward towards America, and southward towards Japan, Russia has acquired the right of possessing those lands; and the said company is authorized to enjoy all the advantages of industry, and all the establishments upon the said coast of America in the northeast, from the 55th degree of latitude to Beering's Strait, and beyond it, as also upon the Aleutian and Kurile Islands, and the others situated in the eastern Arctic Ocean."

By the second article―

"The company may make new discoveries, not only north, but also south of the said 55th parallel of latitude; and may occupy and bring under the dominion of Russia all territories thus discovered; observing the rule, that such territories should not have been previously occupied and placed under subjection by another nation."