While the colonial dispute was thus left open, another serious question was only partially closed. On the subject of the fisheries, Mr. Gallatin effected a compromise not altogether satisfactory even to himself; he obtained an express recognition of the permanent right, but he was obliged to concede essential limitations of the practice. Perhaps, indeed, this question is one of those which admits of no complete settlement; as Mr. Gallatin wrote on November 6 to Mr. Adams: “The right of taking and drying fish in harbors within the exclusive jurisdiction of Great Britain, particularly on coasts now inhabited, was extremely obnoxious to her, and was considered as what the French civilians call a servitude.... I am satisfied that we could have obtained additional fishing-ground in exchange of the words ‘for ever.’... Yet I will not conceal that this subject caused me more anxiety than any other branch of the negotiations, and that, after having participated in the Treaty of Ghent, it was a matter of regret to be obliged to sign an agreement which left the United States in any respect in a worse situation than before the war.... But ... if a compromise was to take place, the present time and the terms proposed appeared more eligible than the chance of future contingencies.... 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.”[155]
On his return to Paris in October, 1818, an entirely different class of objects forced themselves on Mr. Gallatin’s attention. This was the period when Spain’s American colonies were in revolt, and it was of the highest importance to the United States that Europe should intervene in no way in the quarrel. Mr. Gallatin’s business was to obtain early information of whatever concerned this subject, and to prepare the European powers for the recognition by the United States of the South American republics. The Congress of Aix-la-Chapelle was then sitting, and its proceedings were an object of intense curiosity throughout the world. So far as the policy of the United States was concerned, the result of this congress was very favorable; for Spain, finding herself abandoned by Europe, was driven into a treaty for the sale of Florida. This treaty was made, but its ratification was refused by the Spanish government on various pretexts, until a new revolution in Spain brought about a change of policy. In all these transactions Mr. Gallatin was deeply interested, and his advices to the home government furnished much of its best information.
1819.
Meanwhile, his powers to negotiate a commercial convention with France had lain nearly dormant, until in 1819 they were called out by a complication which soon brought the two countries to the verge of a commercial war. The French commercial system had never been a very enlightened one, but so long as her shipping remained in the state of nullity in which the long wars left it, American commerce had hardly perceived the fact that American ships were loaded with extra charges and discriminating duties such as made quite impossible all effective competition with the vessels of France. When at last the French commercial marine revived, complaints of the excessive burden of these discriminating duties and charges began to pour in from American consuls and merchants. The question was one of time only, when all commerce between the United States and France would be carried on exclusively in French ships. Well aware that the French government was entirely controlled in its commercial policy by the spirit of monopoly and narrow interests, Mr. Gallatin, while remonstrating to the minister of foreign affairs, warned the President that mere remonstrance would have no effect and that stronger measures must be used. He would have preferred an amendment to the Constitution authorizing Congress to lay an export duty on American produce when exported in foreign vessels; but, rather than wait for so distant and uncertain a remedy, he recommended that Congress should at once impose a countervailing tonnage duty of $12.50 per ton on French ships. This despatch was written on the 25th October, 1819. The rest of the story may be found recorded in Mr. Adams’s Diary:
1820.
“May 15, 1820.—...Mr. Hyde de Neuville, the French minister, was there [at the Capitol] much fretted at the passage of a bill for levying a tonnage duty of $18 a ton upon French vessels, to commence the 1st July next. It is merely a countervailing duty to balance discriminating duties in France upon the same articles as imported in French or American vessels. It passes on the earnest recommendation of Mr. Gallatin after a neglect of three years by the French government of our repeated proposals to negotiate a commercial treaty, and after full warning given by Mr. Gallatin that, if they did not come to some arrangement with us, countervailing measures would be taken at the present session of Congress. The bill has been before Congress half the session, and De Neuville had never mentioned it to me. He probably had flattered himself that it would not pass. Now, after it had passed both Houses, he was in great agitation about it, and entreated me to ask the President to object to its passage, at least to postpone its commencement till the 1st of October. He said the 1st of July was only six weeks off, and would not even give the French merchants notice of what was awaiting them.... I told him it was now too late to make the amendment. I mentioned, however, his request to the President, who said it could not be complied with.”
“September 5, 1820.—I received a despatch of 14th July from A. Gallatin, after Mr. Hyde de Neuville had arrived in Paris. Gallatin encloses a copy of a very able note that he had sent to Baron Pasquier, the French Minister of Foreign Affairs, concerning the tonnage duty upon French vessels coming into the ports of the United States, laid at the last session of Congress, but he complains that the measures of Congress, which he had recommended, were not adopted, but others more irritating to France, and also that his letters were published. The law of Congress was certainly a blister, and his letters were not oil to soften its application. The commencement of the law was fixed too soon, and the duty was too high. But France had been so sluggish and so deaf to friendly representations that it was necessary to awaken her by acts of another tone.”
1821.
Certainly government was much to blame in this matter. Mr. Gallatin sent over a careful outline of the bill he wished to pass, fixing the duty at $12.50 and arranging the details so as to facilitate negotiation. Government proceeded to enact an unjust and extravagant bill, and then threw the responsibility on Mr. Gallatin. This is the special annoyance to which diplomatic agents are most frequently subjected. Mr. Gallatin remonstrated to his government and maintained his position stoutly against the French minister, who, after at once doubling the French discriminating duties, at last transferred the negotiation to Washington, where Mr. Adams was obliged to take it up.
“February 24, 1821.—I called at the President’s with a note received of yesterday’s date from the French minister, Hyde de Neuville. I sent him two or three days since the copy of a full power, made out by the President’s direction, authorizing me to treat with him upon commercial arrangements. The note of yesterday was introductory to the negotiation. Its principal object was to ask an answer to a long letter which De Neuville had written to me the 16th of June, 1818, upon a claim raised by the French government upon the 8th article of the Louisiana cession treaty. I had already answered one long note of his upon the subject, and had left his reply unanswered only to avoid altercation upon a claim which had no substance and upon which my answer to his first letter was of itself a sufficient answer to his reply. But when after the Act of Congress of 15th May last, and the retaliatory ordinances of the King of France of 26th July, the French government had been dragged into this negotiation, finding themselves unanswerably pressed by notes of great ability from Gallatin, they started from the course by setting up again this Louisiana claim and declaring it indispensably connected with the arrangement of the question upon discriminating duties. And as Mr. Gallatin was not instructed upon the Louisiana claim, they made this a pretext for transferring the negotiation here, and sending De Neuville back here to finish it, with an ulterior destination to Brazil, held out to our cotton-planters ‘in terrorem.’”