228 APPENDIX TO BRITISH COUNTER CASE. 



No. 3. 1814, October SO: Clause drafted by Mr. Gallatin. 



The right and liberty of the people and inhabitants of the United 

 States to take, dry, and cure fish in places within the exclusive juris- 

 diction of Great Britain as recognized (and secured) by the former 

 treaty of peace; and the privilege of the navigation of the Mississippi, 

 within the exclusive jurisdiction of the United States, (as secured to 

 the subjects of Great Britain by the same treaty) are hereby recog- 

 nised and confirmed. 



No. 4. 1814, November 1-7 : Extract from Mr. J . Q. Adams' Memoirs. 

 ******* 



But the great difficulty was with regard to the fisheries. Mr. 

 Gallatin's draft proposed the renewal of the right of fishing, and 

 drying fish, within the British jurisdiction, together with 

 138 the right of the British to navigate the Mississippi, both taken 

 from the Peace of 1783. I was in favor of this. Mr. Clay 

 has an insuperable objection to the renewal of the right to the British 

 of navigating the Mississippi. I then declared myself prepared 

 either to propose Mr. Gallatin's article, or to take the ground that 

 the whole right to the fisheries was recognized as a part of our na- 

 tional independence, that it could not be abrogated by the war, and 

 needed no stipulation for its renewal. Mr. Gallatin argued that, on 

 the same principle, the British right to navigate the Mississippi would 

 also be established, without needing to be renewed. Mr. Clay was 

 averse to either of the courses proposed, and said that, after all, if 

 the British Plenipotentiaries should insist upon this point, \ve should 

 all finally sign the treaty, without the provision respecting the fishery. 

 Mr. Russell expressed some doubt whether he would sign without it, 

 and I explicitly declared that I would not, without further instruc- 

 tions; I could not say that I would, with them. 



5th. We had a meeting of the mission at eleven. Discussed fur- 

 ther, and agreed upon, the draft of the articles to be proposed for the 

 treaty. Mr. Claj^'s article respecting impressments was adopted. 

 That concerning the fisheries and the navigation of the Mississippi, 

 as drawn by Mr. Gallatin, was further debated, and the vote taken 

 upon it. Mr. Clay and Mr. Russell voted against it; Mr. Bayard, 

 Mr. Gallatin, and myself, for proposing it. After the vote was taken, 

 Mr. Clay said that he should not sign the communication by which the 

 proposal would be made. 



7th. We had the meeting of the mission between eleven and twelve 

 o'clock at my chamber. Mr. Clay proposed a paragraph for the note 

 to be sent to the British Plenipotentiaries, as a substitute instead of 

 the article respecting the fisheries and the navigation of the Missis- 

 sippi which had passed by vote on Saturday. Mr. Clay said that in 

 declaring at that time that he should not sign the note accompanying 

 the project if it included Mr. Gallatin's article, he had not intended 

 that it should in any manner affect the minds of any of us. If the 

 article should be proposed and accepted, and a treaty otherwise not 

 objectionable should be obtainable, he might perhaps ultimately ac- 

 cede to it ; but the object was in his view so important that he could 

 not reconcile it to himself to agree in making the proposal. 



