The President appears to have intended that Mr. Gallatin should have ample discretionary power to act according to his best judgment in the negotiation; but when the instructions arrived, whether Mr. Clay was not inclined to allow such latitude, or whether Mr. Adams’s ideas of discretionary power were different from Mr. Gallatin’s, the latter found his position not satisfactory, and before sailing he wrote both to the President and to Mr. Clay letters of warm remonstrance, with suggestions of the changes needed to allow of freer action on his part. This done, he took his departure from New York, on July 1, 1826, accompanied by his wife and daughter, and arrived in London on the 7th August.
The negotiation now to take place was probably the most complicated and arduous ever trusted by the United States government in the hands of a single agent. It embraced not only those commercial questions which had been so often and so fruitlessly discussed, and which involved the whole system of British colonial and navigation laws, but also the troublesome disputes of boundary on our extreme north-eastern and north-western frontier, in Maine and Oregon; the settlement of a long outstanding claim for slaves carried away by British troops in contravention of the First Article of the Treaty of Ghent; and the continuance of the commercial convention negotiated by Mr. Gallatin in 1815 and extended in 1818 for ten years by him and Mr. Bush. All the principal notes and despatches which record from day to day the progress of the various negotiations have been published, and are to be found in the great collection of American State Papers; to them, students must refer for details, which belong to the region of history rather than to biography; here it is enough to describe some of the leading points of the situation and to give some slight idea of the manner in which Mr. Gallatin dealt with his difficulties.
Of these difficulties perhaps the greatest was that Lord Castlereagh was no longer head of the Foreign Office. Lord Castlereagh’s political sins may have been many and dark, but towards the United States he was a wise and fair man. No one asked or expected friendship from a British minister of that day; all that America wished was to be treated by the English government with some degree of respect. Lord Castlereagh humored this weakness; his manners and his temper were excellent; his commercial views were much in advance of his time; he conceded with grace, and his refusals left no sting. When in 1822 he put an end to his own career, he was succeeded in the Foreign Office by George Canning, doubtless a greater man, but one whose temper was not gentle towards opposition, and whose old triumphs over embargo and non-intercourse had not left upon his imagination any profound respect for American character. Mr. Canning liked brilliant and aggressive statesmanship. He was not inclined to admit the new doctrines which had been announced by President Monroe in regard to the future exclusion of Europe from America; he felt that the power of the United States was a danger and a threat to England, and he would have been glad to strike out some new path which should relieve the commerce of England from its increasing dependence on America. Unfortunately for Mr. Gallatin, the very moment which Mr. Canning chose for experimenting on this subject was the moment when Gallatin was on his way to England in the summer of 1826. The object which he selected for experiment was the West India trade.
As has been already shown, the British government both in 1815 and in 1818 had declined to accept the American propositions on this subject. The trade between the United States and the West Indies was therefore left to be regulated by legislation as suited the interests of the parties. In proportion as England opened her colonial ports to American vessels, Congress relaxed the severity of its navigation law, and, in spite of incessant dispute about details, this process went on with favorable results as fast as public opinion in England would allow. There was only one drawback to the policy. In the multiplication of restrictive and retaliatory laws the intercourse became so embarrassed that no man could pretend to say what was and what was not permitted or forbidden.
In 1825 Parliament had undertaken a general revision of the colonial and navigation system, and several laws were adopted by which considerable changes had been made and liberal privileges granted to foreign nations on certain conditions. So far as applied to the United States, the condition was that she should place British shipping on the footing of the most favored nation.
The laws were intricate and impossible to understand without authoritative explanation. Mr. Clay and the committees of Congress considered the subject with care. The result was a decision to attempt nothing by way of legislation, but to give Mr. Gallatin authority to make such concessions as would probably secure a satisfactory arrangement by treaty. With these powers in his hand, not doubting that at length this annoying contest would be closed, Mr. Gallatin landed in England, and was met by the announcement that the British government, in consequence of the failure of Congress to fulfil the conditions of the Act of Parliament of July 5, 1825, had withdrawn the privileges conferred by that act; had prohibited, by order in council, all intercourse in American vessels between the British West Indies and the United States; and refused even to discuss the subject further.
In a small way this proceeding was only a repetition of Mr. Canning’s abrupt rupture of negotiation in the case of Mr. Monroe’s unratified treaty twenty years before. Orders in council had a peculiarly irritating meaning to American ears, and any negotiator would have had some excuse for losing his temper in such a case, but it must be agreed that on this occasion the American government in all its branches appeared with dignity and composure. Mr. Gallatin’s notes were excellent in tone, forbearing in temper, and conclusive in argument; Mr. Clay was not less quiet and temperate. Between the two Mr. Canning did not appear equally well. He resorted to what was little better than hair-splitting on the meaning of the words “right” and “claim” as applied to the American trade with the colonies. “When it is contended,” said he in a note of November 13, 1826, “that the ‘right’ by which Great Britain prohibits foreign nations from trading with her colonies is the same ‘right’ with that by which she might (if she thought fit) prohibit them from trading with herself, this argument (which is employed by the United States alone) implies that the special prohibition is a grievance to the United States, if not of the same amount, of the same kind, as the general prohibition would be. This is a doctrine which Great Britain explicitly denies.”
In short, Mr. Canning was determined upon making one more effort to save the colonial system, and he preferred to do it in a way that would be remembered. Possibly his policy was sound; at all events he obtained by its means for England a very degrading apology from the next American Administration, although the number of his diplomatic triumphs over America was by that time no longer a matter of concern to him, and he and his ambition were then things of the past. His motives, in this instance, were not quite clear; what he avowed was the determination to ascertain by experiment whether the West Indies could be made independent of the United States by opening the colonial trade to all the rest of the world and prohibiting it to the United States alone. In the face of this attempt the American government had only one course to pursue: it must acquiesce and resume its retaliatory prohibition. This was accordingly done, without irritating language, and in excellent temper and taste. In regard to this branch of his negotiation, Mr. Gallatin’s task therefore became simple; he had merely to obtain from the British government a distinct avowal of its determination to maintain this new policy against a direct offer of negotiation. He reserved this step until the very close of his mission, and his last words to Earl Dudley on the subject are worth quoting:
“The right of Great Britain to regulate the intercourse with her colonies is not questioned, and it is not usual for nations to make any great sacrifice for the sake of asserting abstract principles which are not contested. She is undoubtedly the only proper judge of what should be her commercial policy. The undersigned has not been fortunate enough to be able to discover what actual advantages she derives from the measures in which she perseveres in regard to the colonial intercourse. He has apprehended that considerations foreign to the question might continue to oppose obstacles to a proper understanding. Nothing has been omitted to remove those which might have arisen from misconceptions of the views and proceedings of the American government. It is gratifying to have received assurances that the decision of Great Britain was not influenced by any unfriendly feelings towards the United States. Their sentiments for Great Britain are those of amity and good-will; and their government is animated by a sincere desire to improve and strengthen the friendly relations of the two countries.”
This sudden and unexpected blow, which instantly put an end to the most hopeful branch of Mr. Gallatin’s intended negotiation, had a very mischievous effect upon the negotiation as a whole; practically and for the moment it annulled all his instructions. He had to act for himself, and he was much perplexed to form any theory of British motives which would serve to guide his course. He attempted to look at the matter from the British point of view, and wrote his first impressions to Mr. Clay on the 22d September, 1826: