166 



The article was discussed further, chiefly betTveeii Mr, Gallatin 

 and Mr. Clay, at meetings of the mission on the 31st of October, 

 and on the 1st, 2d, and 3d of November. 



I had till then taken no part in the discussion. The following 

 are extracts from my diary of subsequent dates, when, at meetings 

 of the mission, all the articles of the draught were discussed. 



4 November, 1814. *' The great difficulty was with regard to 

 " the fisheries. Mr. Gallatin's draught proposed the renewal of the 

 ^* right of fishing and drying fish within the British jurisdiction, to- 

 **gether with the right of the British to navigate the Mississippi, 

 " both taken from the peace of 1783. I was in favour 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 recognised as a 

 " part of our national independence ; that it could not be abrogated 

 " by the war, and needed no stipulation for its renewal. Mr. Clay 

 '^' was averse to either of the courses proposed, and said that after 

 '^^ all if the British plenipotentaries should insist upon this point, we 

 ^^ should all finally sign the treaty without the provision respect- 

 ^' ing the fishery. Mr. Russell expressed some doubt whether he 

 " would sign without it ; and I explicitly declared that I would not, 

 *' without further instructions— -I could not say that I would, with 

 '' them." 



6 November, 1814. " The article 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," 



7 November, 1814. "Mr. Clay proposed a paragraph for the 

 *' note to be sent to the British plenipotentiaries, as a substitute in- 

 " stead of the article respecting the fisheries and the navigation of 

 " the Mississippi, 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 afiect 

 " the minds of any of us. If the article should be proposed and 

 *' accepted, and a treaty otherwise not exceptionable should be 

 *' obtainable he might perhaps ultimately accede 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. His proposed pa- 

 <' ragraph took the ground which I had originally suggested that all 

 *' the fishery rights formed a part of the recognition of our Inde- 

 " pendence, and as such, were by our instructions excluded from 

 ** discussion. I said 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 



