[TRANSLATION.] The Chevalier de Poletica to the Secretary of State. SIR-I received two days since, the letter which you did me the honor to address to me on the same day, by order of the President of the United States, in answer to my note of the 11th current, by which I discharged the orders of my government, in communicating to you the new regulation adopted by the Russian American Company, and sanctioned by his majesty the emperor, my august sovereign, on the 4th (16th) of September, 1821, relative to foreign commerce in the waters which border upon the establishments of the said company, on the northwest coast of America. Readily yielding, sir, to the desire expressed by you in your letter, of knowing the rights and principles upon which are founded the determinate limits of the Russian possessions on the northwest coast of America, from Behring's Strait to the 51° of north latitude, I am happy to fulfil this task, by only calling your attention to the following historical facts, the authenticity of which . cannot be contested. The first discoveries of the Russians on the northwest continent of America, go back to the time of the Emperor Peter I. They belong to the attempt, made towards the end of the reign of this great monarch, to find a passage from the Icy sea into the Pacific ocean. In 1728 the celebrated Captain Behring made his first voyage. The recital of his discoveries attracted the attention of the government, and the Empress Anne entrusted to captain Behring (1741) a new expedition in these same latitudes. She sent with him the academicians, Gmelin, Delile de la Crayere, Muller, Steller, Fisher, Krasilnicoff, Kracheninicoff, and others, and the first chart of these countries which is known, was the result of their labors, 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 Captain Behring, who discovered it on the day of the feast of this saint; and his second, Captain Tchiricoff, pushed his discoveries as far as the 49th degree of north latitude. The first private expeditions undertaken upon the northwest coast of America, go back as far as the year 1743. In 1763, the Russian establishments had already extended as far as the island of Kodiak, (or Kichtak.) In 1778, Cook found them at Ounalashka, and some Russian inscriptions at Kodiac. Vancouver saw the Russian establishment in the bay of Kinai. In fine, Captains Mirs, Portlock, La Peyrouse, unanimously attest the existence of Russian establishments in these latitudes. If the imperial government had, at the time, published the dis coveries made by the Russian navigators after Behring and Tchiricoff, (viz. Chlodiloff; Screbreanicoff; Krassilnicoff; Paycoff; Poushcareff; Lazareff; Medwedeff; Solowieff; Lewasheff; Krenitsin; and others,) no one could refuse to Russia the right of first discovery, nor could even any one deny her that of first occupation. Moreover, when D. José Martinez was sent, in 1789, by the court of Madrid, to form an establishment in Vancouver's Island, and to remove foreigners from thence under the pretext that all that coast belonged to Spain, he gave not the least disturbance to the Russian colonies and navigators; yet the Spanish government was not ignorant of their existence, for this very Martinez had visited them the year before. The report which captain Malespina made of the results of his voyage, proves, that the Spaniards very well knew of the Russian colonies, and in this very report it is seen that the court of Madrid acknowledged that its possessions upon the coast of the Pacific ocean ought not to extend to the north of Cape Blanc, taken from the point of Trinity, situated under 42° 50' of north latitude. . When in 1799, the emperor Paul I. granted to the present American company its first charter, he gave it the exclusive possession of the northwest coast of America which belonged to Russia, from the 55th degree of north latitude to Behring's strait. He permitted them to extend their discoveries to the south, and there to form establishments, provided they did not encroach upon the territory occupied by other powers. This act, when made public, excited no claim on the part of other cabinets, not even on that of Madrid, which confirms that it did not extend its pretensions to the 60th degree. When the government of the United States treated with Spain for the cession of a part of the northwest coast, it was able to acquire by the treaty of Washington, the right to all that belonged to the Spaniards, north of the 42d degree of latitude; but, this treaty says nothing positive concerning the northern boundary of this cession; because, in fact, Spain well knew that she could not say, that the coast as far as the 60th degree belonged to her. From this faithful exposition of known facts, it is easy, sir, as appears to me, to draw the conclusion that the rights of Russia to the extent of the northwest coast, specified in the regulation of the Russian American Company, rest upon the three bases required by the general law of nations and immemorial usage among nations; that is, upon the title of first discovery; upon the title of first occupation; and, in the last place, upon that which results from a peaceable and uncontested possession of more than half a century; an epoch, consequently, several years anterior to that when the United States took their place among independent nations. New Series, No. 12. 48 It is moreover evident that if the right of the possession of a certain extent of the northwest coast of America, claimed by the United States, only devolves upon them in virtue of the treaty of Washington, of 22d of February, 1819, and I believe it would be difficult to make good any other title, this treaty could not confer upon the American government any right of claim against the limits assigned to the Russian possessions upon the same coast, because Spain herself had never pretended to similar right. The Imperial government, in assigning for limits to the Russian possessions on the northwest coast of America, on the one side Behring's strait, and, on the other, the 51st degree of north Jatitude, has only made a moderate use of an incontestible right; since the Russian navigators, who were the first to explore that part of the American continent, in 1741, pushed their discovery as far as the 49th degree of north latitude. The 51st degree, therefore, is no more than a mean point between the Russian establishment of New Archangel, situated under the 57th degree, and the American colony at the mouth of the Columbia, which is found under the 46th degree of the same latitude. All these considerations united have concurred in inspiring the Imperial government with an entire conviction that, in the last arrangements adopted in Russia, relative to her possessions on the northwest coast, the legitimate right of no foreign power has been infringed. In this conviction, the Emperor, my august sovereign, has judged that his good right, and the obligation imposed by Providence upon him to protect with all his power the interests of his subjects, sufficiently justified the measures last taken by his Imperial Majesty in favor of the Russian American Company, without its being necessary to clothe them with the sanction of treaties. I shall be more succinct, sir, in the exposition of the motives which determined the imperial government to prohibit foreign vessels from approaching the northwest coast of America belonging to Russia, within the distance of at least 100 Italian miles. This measure, however severe it may at first view appear, is after all but a measure of prevention. It is exclusively directed against the culpable enterprizes of foreign adventurers, who, not content with exercising upon the coasts above mentioned an illicit trade, very prejudicial to the rights reserved entirely to the Russian American Company, take upon them besides to furnish arms and ammunition to the natives in the Russian possessions in America, exciting them likewise in every manner to resistance and revolt against the authorities there established. The American government doubtless recollects, that the irregular conduct of these adventurers, the majority of whom was composed of American citizens, has been the object of the most pressing remonstrances on the part of Russia to the Federal government from the time that diplomatic missions were organized between the two countries. These remonstrances, repeated at different times, remain constantly without effect, and the inconveniences to which they ought to bring a remedy continue to in crease. The imperial government respecting the intentions of the American government, has always abstained from attributing the ill success of its remonstrances to any other motives than those which flow, if I may be allowed the expression, from the very nature of the institutions which govern the national affairs of the American federation. But the high opinion which the emperor has always entertained of the rectitude of the American government, cannot exempt him from the care which his sense of justice towards his own subjects imposes upon him. Pacific means not having brought any alleviation to the just grievances of the Rusrian American Company, against foreign navigators in the waters which environ their establishments on the northwest coast of America, the imperial government saw itself under the necessity of having recourse to the means of coercion, and of measuring the rigor according to the inveterate character of the evil to which it wished to put a stop. Yet it is easy to discover on examining closely the last regulation of the Russian American Company, that no spirit of hostility had any thing to do with its formation. The most minute precautions have been taken in it to prevent abuses of authority on the part of commanders of Russian cruizers appointed for the execution of said regulation. At the same time, it has not been neglected to give all the timely publicity necessary to put those on their guard, against whom the measure is aimed." Its action therefore can only reach the foreign vessels, which, in spite of the notification, will expose themselves to seizure, by infringing upon the line marked out in the regulation. The gov ernment flatters itself, that these cases will be very rare; if all remain as at present appears, not one. I ought, in the last place, to request you to consider, sir, that the Russian possessions in the Pacific ocean, extend on the northwest coast of America, from Behring's Strait to the 51st degree of north latitude, and on the opposite side of Asia, and the Islands adjacent, from the same Strait, to the 45th degree. The extent of sea of which these possessions form the limits, comprehends all the conditions which are ordinarily attached to shut seas (Mers fermées) and the Russian government might consequently judge itself authorized to exercise upon this sea the right of sovereignty, and especially that of entirely interdicting the entrance of foreigners. But it preferred only asserting its essential rights, without taking any advantage of localities. The Emperor, my august sovereign, sets a very high value upon the maintenance of the relations of amity and good understanding, which have till now subsisted between the two countries. The dispositions of his Imperial Majesty, in this regard, have never failed appearing at all times, when an occasion has presented itself in the political relations of the United States with the European powers, and surely in the midst of a general peace Russia does not think of aiming a blow at the maritime interests of the United States; she who has constantly respected them in those difficult circumstances in which Europe has been seen to be placed in the latter times, and the influence of which the United States have been unable to avert. I have the honor to be, with high consideration, sir, PIERRE DE POLETICA. Washington, 28th February, 1822.' Before proceeding to remark on this letter, we must call the particular attention of our readers to the conformation of the west coast of America, within the disputed limits; by which the confusion, and apparent contradictions in which the subject has been involved, may be avoided. We further desire, that our conceptions of the question really at issue, may be distinctly understood. It is not, we apprehend, whether Russia has any settlements, that give her territorial claims on the continent of America. This we do not deny-but it is, whether the location of those settlements, and the discoveries of her navigators are such as they are represented to be; whether they entitle her to the exclusive possession of the whole territory north of 51°, and to sovereignty over the Pacific ocean, beyond that parallel. The extremity of the peninsula of Alaska is in about the latitude 55° and longitude 162° west from Greenwich. On the western side of the peninsula the land runs nearly north, to the straits of Behring; on the eastern side it tends northward and eastward, to the entrance of Cook's River, in latitude 59°, longitude 152°, and Prince William's Sound, in latitude 60° 30', longitude 146°; thence east, southerly to the Behring's Bay of Cook and Vancouver; and more southerly, to Cross sound and Norfolk sound, the latter in latitude 57°, longitude 135°. Cape Scott in the latitude of 51°, to which the Russian claim now extends, is in the longitude of 128°; making a difference between that and the points of Alaska of 34 degrees, or more than 1200 miles. The coast between these two points forms an immense bay, which extends north beyond the 61st degree |