DOCUMENTS BEARING ON THE TREATY OP GHENT, 1814. 229 



I had drawn the sketch of an article placing both the points pre- 

 cisely in their condition at the commencement of the war; to which 

 Mr. Gallatin objected that it offered the British more than his draft, 

 because it entitled them to the provision in the Treaty of 1794. 



Mr. Clay preferred it to Mr. Gallatin's draft, because it would 

 leave in all its force all the operation of our acquisition of Louisiana, 

 as far as it impairs the British right of navigating the Mississippi, 

 but he still would not agree to it. His proposed paragraph took the 

 ground which I had originally suggested, that all the fishery rights 

 formed a part of the recognition of our independence, and as such 

 were by our instructions excluded from discussion. 



I felt I should have preferred the proposal of Mr. Gallatin's article, 

 as placing the subject out of controversy, but that, as we could not be 

 unanimous for that, I was willing to take Mr. Clay's paragraph, by 

 which we should reserve all our rights, and at the same time execute 

 our instructions. 



Mr. Gallatin apprehended that the British Plenipotentiaries might 

 on that point not reply to us at all, and then if the peace should be 

 made without an article renewing the fishing rights now contested by 

 them, that the British Government would consider us as notified that 

 the rights are at an end, and forcibly deprive our people of them. 



I was very confident that the British Plenipotentiaries would reply 

 to us, and not leave the subject at this stage without further notice ; 

 and if they persevered in contending that the rights were abrogated, 

 \ve might ultimately refuse to sign the treaty on that ground. 



Mr. Gallatin said his difficulty was, that he thought the British had 

 in this case the argument with them, and that the treaty liberty of 

 fishing and drying fish within their jurisdiction was abrogated by 

 the war. 



Mr. Bayard said that rather than differ among ourselves he would 

 agree to substitute Mr. Clay's paragraph instead of the proposed 

 article ; and this was ultimately assented to by us all. We then read 

 over the articles as hitherto drawn up and corrected, and amended 

 them. Mr. Gallatin and myself are to prepare for to-morrow the ob- 

 servations on the several articles to be presented with the draft of the 

 treaty. 



No. 5. 1814, November: Paragraph drawn ~by Mr. Clay and trans- 

 mitted to the British on the 10th November. 



In answer to the declaration made by the British plenipotentiaries 

 respecting the fisheries, the undersigned, referring to what passed in 

 the conference of the 9th August, can only state that they are not 

 authorised to bring into discussion any of the rights or liberties 

 which the United States have heretofore enjoyed in relation thereto. 

 From their nature, and from the peculiar character of the treaty of 

 1783, by which they were recognised, no further stipulation has been 

 deemed necessary by the government of the United States, to entitle 

 them to the full enjoyment of all of them. 

 92909 S. Doc. 870, 61-3, vol 7 20 



