able. It was impossible, after a counter-projet formed on compromise had been once offered, that the United States could by negotiations alone be reinstated in their enjoyment of the fisheries to their full extent; and if a compromise was to take place, the present time and the terms proposed appeared more eligible than the chance of future contingencies. I became perfectly satisfied that no reliance could be placed on legal remedies; that no court in England would give to the treaty of 1783 a construction different from that adopted by their government, and that if an Act of Parliament was wanted, it would be obtained in a week's time and without opposition. If the subject was not arranged, immediate collision must ensue, and, Great Britain proceeding under legal forms to condemn our vessels, no resource remained for us but to acquiesce or commence hostilities. With much reluctance I yielded to those considerations, rendered more powerful by our critical situation with Spain, and used my best endeavors to make the compromise on the most advantageous terms that could be obtained. After a thorough examination of the communications on the subject which you transmitted to us, I think that substantially we have lost very little, if anything; and I only wish that it had been practicable to give to the agreement the form of an exchange in direct terms; that is to say, that we give fishing rights in certain quarters in consideration of the right of curing fish on a part of Newfoundland and of the abandonment of the British claim to the navigation of the Mississippi. This, however, could not be done in a positive manner, the British plenipotentiaries disclaiming any right to that navigation, and objecting, therefore, to a renunciation of what they did not claim. The article which they proposed on this last subject was only, as they said, an equivalent for what they pretended to concede in agreeing that the boundary west of the Lake of the Woods should be fixed at the 49th degree of north latitude.

The renewal of the commercial convention and the propositions relative to the colonial intercourse will make the subject of a distinct despatch.

I have the honor to be, with great respect, sir, your most obedient servant.

GALLATIN TO J. Q. ADAMS.

PARIS, November 9, 1818. SIR,-The returns from our American custom-houses must show the comparative amount of American and British tonnage employed in the intercourse between the United States and the dominions of Great Britain in Europe. Every account collected in England agrees in the fact that the proportion is vastly in our favor and is still increasing. Of this the British plenipotentiaries were aware, and alluded to it; indeed, there was at a time a remonstrance prepared to oppose the renewal of the convention. But the present Ministry seems, upon the whole, disposed to adopt a more liberal policy in commercial affairs than would be suggested by the mercantile interest of the country. And they also set a great value on that part of the convention which secures them against any prohibition or prohibitory duties on their manufactures which will not equally apply to those of other countries. In estimating on our side the convention of 1815, we must not only attend to the existing state of things, but take also into consideration the danger to which we would be exposed from the operation of discriminating duties on our produce, and which, on account of the great comparative bulk of our exports, we cannot effectually repel by similar duties on foreign imports. This I mention because I know that the disposition to engross has sometimes on this very subject found its way into the United States, and might, if listened to, lead to very unfavorable results. All we want is to be placed on an equal footing, and then the energy and maritime skill of the Americans will give them a decided superiority everywhere, even over the British. But it would be desirable, in order to enable our government to repel measures of commercial restrictions and to negotiate with equality, that they should have the power to lay a duty not on exports generally, but on such only as were exported in foreign vessels. Until such an amendment is made to the Constitution, our only security must be found in the great inferiority of other nations, as is now the case with France, or in arrangements similar to our convention with Great

Britain. It would, however, have been desirable that that of 1815 had not expired so soon, so as [to] have been able to postpone its renewal till we had come to an agreement on the subject of colonial intercourse. It also happened that, as Mr. Rush was not to call me to England before he had ascertained whether the British government was disposed to negotiate upon other subjects, that government, in the course of the conversations he held with Lord Castlereagh, became necessarily acquainted with the fact that he was at all events authorized to renew the convention of 1815, even if no negotiation was opened on any other point. This may have somewhat lessened the inducements of Great Britain to make an agreement on the subject of the intercourse with the West Indies. Yet I think that the disposition does exist, and that the Ministry will go as far as public opinion permits them.

Mr. Robinson was very explicit on that subject, and almost complained of our insisting on an unlimited intercourse, which we must know could not at once be opened, even if the Administration was precisely of the same opinion with ourselves. And he intimated that such an unlimited intercourse (with the exception of salted provisions) would be the ultimate result of its being now partially opened. He added that, considering our proximity, and that the West Indies could have no shipping of their own, the greatest part of the carrying trade in the direct intercourse must necessarily be done by American vessels; and that, in order to restore the equality, it was absolutely necessary that a portion of that intercourse should be carried through the medium of Bermuda and Halifax. I think that our joint despatch is sufficiently full on that subject to enable our government to judge of the modifications of which an arrangement founded on that basis is susceptible, and to give every necessary instruction. I am apt to think that the British government will not consent to add any article of American produce to the list contained in their proposal, and that they may assent to add coffee to that of the articles of West India produce. They hesitated, as I thought, even with respect to sugar, and I understood that the great objection, besides the fear of our becoming its carriers to Europe, came from the non-residing planters, and

particularly from the merchants and others who have mortgages on West India plantations, and who fear, as is also the case in Holland with respect to Surinam, that their agents or debtors should ship the sugar elsewhere than to the mother-country.

SIR,-It is believed that the last conferences at Aix-la-Chapelle took place on the 18th instant. My advices are to the 16th. The intimation that the independence of some of the Spanish colonies might be recognized by the United States has, as I expected, been received with much displeasure by Russia and by the Duke de Richelieu. By Lord Castlereagh it was considered as a hasty

measure.

The depredations committed by the privateers under the flags of Buenos Ayres, &c., particularly by those equipped in the United States, and the admission of those privateers and of their prizes in our ports, have, it seems, occupied the attention of the congress of Aix-la-Chapelle. The fair commerce of the world is considered in great danger if every petty section of country which erects or pretends to erect an independent standard should be permitted to issue commissions, and if the inhabitants of neutral countries should, under color of such commissions, be allowed to prey upon the peaceful vessels of other nations. A general system of piracy would ensue, and no nation was more interested than America in preventing such result. It was therefore suggested-I believe by Lord Castlereagh-that some measures should be taken in concert with her for the suppression of that growing evil. The Duke de Richelieu prepared a paper intended for a joint note of the five great powers to the government of the United States, strongly remonstrating against their supposed acquiescence, and, as I understand, asking for the renewal of the law of the session of Congress-1815-1816—which had undesignedly made a distinction unfavorable to the armed

vessels of the colonies. This was at once objected to by Lord Castlereagh and Metternich, as improper in form and substance, and calculated to excite indignation. That mode was abandoned; and it was agreed (whether only verbally or by a formal entry on the protocol I cannot say) that the powers who had ministers at Washington should be instructed to make representations on the subject. These will probably vary according to the several views of the powers. It is not believed that anything will be made public on the subject of Spain and her colonies; although some agreement has probably taken place. It has been proposed very lately by Lord Castlereagh that Wellington should be sent in the name of the five powers to Madrid; but for what special purpose I cannot understand. The question not yet decided on the 16th.

Such is the substance of the information which I have received, and which I have reason to believe tolerably correct. The Duke de Richelieu is expected here next week, and it is said that Lord Castlereagh and Count Nesselrode are also coming. I would have delayed writing a few days longer, but opportunities are not now as frequent as usual, and I did not wish to lose that of a vessel which is on the point of sailing. I hope to be able to write more at large on all these subjects before the end of this month.

I have the honor, &c.

JEFFERSON TO GALLATIN.

MONTICELLO, November 24, 1818.

DEAR SIR,-Your letter of July 22 was most acceptable to me, by the distinctness of the view it presented of the state of France. I rejoice in the prospect that that country will so soon recover from the effects of the depression under which it has been laboring; and especially I rejoice in the hope of its enjoying a government as free as perhaps the state of things will yet bear. It appears to me, indeed, that their constitution, as it now is, gives them a legislative branch more equally representative,