89 



DRIGINAI, DUPLICATE. 



we were expressly and unequivocally 

 forbidden to offer, or to renew, a stipu 

 lation for the free navigation, by tb 

 British, of the Mississippi, a river 

 within our exclusive jurisdiction. * 



It is here seen that, while in the original letter Mr. Russell did, 

 with the majority of his colleagues, believe that we were permitted 

 by our instructions to make the proposition with regard to the na 

 vigation of the Mississippi, as well as a proposition relative to the 

 fishing liberty, he had, when writing the duplicate, brought himself 

 to the belief, not only that we were not so permitted, but that he 

 had, even at Ghent, considered it as a direct violation both of the 

 letter and spirit of our explicit and implicit instructions of 15th 

 April, 1813. The solution of this difference in the mind of Mr. 

 Russell, between the writing of the original and the duplicate of 

 his letter, may be found in this circumstance. The proposition re 

 lating to the navigation of the Mississippi, and the fishery, was made 

 to the British plenipotentiaries on the 1st of December, 1814. It 

 had been discussed at the meetings of the American mission, on the 

 preceding 28th and 29th of November. On the 24th of that month, 

 the American plenipotentiaries had received a letter of instructions 

 from the Secretary of State, dated 19th October, 1814, and con 

 taining the following passages : 



* It has been judged proper to communicate to Congress so 

 &quot; much of the instructions given to you by this Department, as 

 44 would show the terms on which you were authorized to make 

 44 peace. These, as well as your communications, have been print- 

 &quot; ed, and several copies are now forwarded to you, as it is believed 

 &quot; they may be usefully disposed of in Europe. Should any circum 

 stance have unexpectedly prolonged the negotiation, and you find 

 * the British commissioners disposed to agree to the status ante bel- 

 * Zwm, you will understand that you are authorized to make it the 

 &quot;basis of a treaty.&quot; 



Now, the status ante bellum, upon which we were thus expressly 

 and unequivocally permitted to conclude a treaty, included not only 

 the recognition of the entire treaty of peace of 1783, but the re 

 vival of the first ten articles of the treaty of 1794 ; not only the 

 freedom to the British to navigate the Mississippi, but free ingress 

 into our territories, and free trade with our Indians. And so en 

 tirely was that part of the instructions of 15th April, 1813, novr 

 cited by Mr. Russell, considered by the President as cancelled, 

 that it was omitted from that copy, which had been communicated 

 to Congress, of &quot; so much of the instructions as would show the 

 terms on which we were authorized to make peace, &quot;and of which 

 several printed copies were thus forwarded to us. (Sec WaiCs 

 State Papers, vol. IX, p. 339-358.) 



It was scarcely possible that, within the compass of one week, 

 Mr. Russell should have forgotten the receipt of the instruction of 



