A Biography of Henry Clay, the Senator from Kentucky / Containing Also, a Complete Report of All His Speeches; Selections From His Private Correspondence; Eulogies in the Senate and House; and a Poem, by George D. Prentice, Esq.

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The United States, anticipating that the subjects of the fisheries and navigation of the Mississippi would be brought forward by the British government, had directed the secretary of state, Mr. Monroe, to give her commissioners special instructions relative to them. He accordingly authorized them, in case she should require the United States to relinquish her fishing privileges, to treat the requisition as it deserved. They were given to understand that these privileges must not be brought into the discussion, and that,if insisted on, their negotiations must terminate. He instructed them not to grant to Great Britain the right to navigate any river within the exclusive jurisdiction of the United States.

At an early stage of the negotiation, it had been intimated to the American commissioners by the British, that the privilege in question would not be renewed, unless the United States offered something to Great Britain which should be deemed an ample equivalent. The subject of this equivalent caused the difference of opinions to which allusion has been made. Mr. Adams contended that no equivalent could or ought to be demanded for the right of fishing stipulated in the treaty of 1783. He did not believe with his colleagues, that the article in that treaty, relating to this right, expired at the commencement of the war, but contended that it had survived the war, and that therefore it was absurd to treat concerning the renewal of a right, of which they were then in the legitimate possession. The great importance of preserving this right unabridged was felt by all. Mr. Gallatin went so far as to propose to permit Great Britain to exercise the right of navigating the Mississippi as an equivalent for that of fishing in the waters within her jurisdiction. After a warm debate, Messrs. Adams, Gallatin and Bayard declared themselves in favor of doing so, and Messrs. Clay and Russell opposed. Mr. Clay then affirmed, that his signature should not be appended to a treaty including such a proposition, who was joined soon after by Mr. Bayard, and consequently it was not included.A most animated discussion ensued, in which Mr. Clay demonstrated the impolicy of extending such a privilege to Great Britain, contended that America ought to come out of the war in the unimpaired possession of all the rights and privileges which she enjoyed prior to its commencement, and that the right of discussing the question of the fisheries did not come within the purview of their instructions. In regard to the navigation of the Mississippi, a mere glance at its unlimited connections and dependencies, the vast advantage which an easy access to them would confer, rendered no deliberation requisite in deciding upon granting a right to it to Great Britain. It would be almost tantamount to placing in her hands a tube communicating with the very vitals of the republic, through which she could suck its life blood; it would give her unbounded facilities for employing against us the numerous tribes of Indians at the north west, of which she would doubtless with avidity avail herself, and greatly to our detriment, and thus jeopard the great and growing interests of the whole west. As it respected the right which she imagined she possessed in virtue of the treaties of 1783 and 1794, Mr. Clay contended that the grounds upon which it was based were supposititious, and that therefore it could not be valid; that at the dates of those treaties, it was supposed that the law of nations wouldentitle her to the right, inasmuch as it was believed that her dominions bordered on the Upper Mississippi, and that this supposed bordering of her territory on the river, was the principal reason adduced in stipulating for the right of its navigation; that now since it was certainly determined and known, that such was not the fact, she possessed no natural grounds on which to found the right; that Spain at the date of those treaties owned the entire western bank of the river from its mouth to its source, and consequently possessed an equal interest with the United States in its navigation, who could not, therefore, convey to a third party that interest, or any portion of it, unsanctioned by the former; that in 1803, by purchase, the United States became possessed of the entire Spanish interest, which placed her upon different grounds from those on which she stood in 1783 and 1794. Besides, Mr. Clay argued, what connection is there between the fishing privilege, and the right of navigating the Mississippi? The treaties showed none, their nature none. Why select as the equivalent for the privilege, the Mississippi? Why not barter the Potomac, or the Hudson for it? There was something calculated to excite suspicion in this attempt of our powerful enemy to introduce her invincible navy to the ‘father of rivers.’ It looked like feeling for the purse-strings of the nation. He would as soon yield a portion of her blood-bought territory, as this noblest of her streams, to become the resort of the British lion, where he might make his permanent lair, and eventually place his huge paw upon the crest of her eagle. Though as anxious as his colleagues possibly could be for the preservation of their fishing privileges, he could not consent to effect it by a purchase so expensive as that proposed. Thus Mr. Clay remained immovably determined to act in accordance with his convictions of duty in consulting the interests of that nation which he represented. The value of those interests, undoubtedly secured by the decided position which he assumed and maintained, is of such magnitude as to be inappreciable; they constitute a corner stone of the temple of liberty, destined to abide as long as she shall make it her abode.

Subsequently to the British ministers’ becoming acquainted with the conclusion of the American commissioners, respecting the exchange, they, in a counter project of a treaty, submitted to the latter, proposed among other articles one to renew the right of navigation in question, without any equivalent. After much deliberation this was rejected. Finally, it was mutually agreed by both parties to refrain from inserting any article in the treaty, relating either to the fisheries or the navigation of the Mississippi. Thus the pride of the west and the glory of America was suffered to roll his majestic tide in beauty and grandeur to the ocean, unburthened by foreign vessels and unfettered by regal sway.

Several years afterwards, Mr. Clay became involved in an unpleasantcontroversy between Messrs. Russell and Adams, which originated from something connected with their negotiations at Ghent. On the day next subsequent to the signing of the treaty, the commissioners drew up a sketch of their discussions in relation to the difference of opinion among them, concerning complying with the demands of the British commissioners, which represented the offer of the navigation of the Mississippi as made by a majority of the American plenipotentiaries. At the same time, Mr. Russell communicated to Mr. Monroe the fact of his being in the minority in that offer, and declared his intention of submitting his reasons for disagreeing with his associates, at a future convenient period, which he subsequently carried into effect. These papers were deposited among the documents of the nation, where they remained till 1822, when they were placed before the house of representatives, at its request, by the president, together with a private communication from Mr. Russell, purporting to be a duplicate of one found among the private papers of the president. A statement was made by each of these letters, between which there was a discrepancy, which caused Mr. Adams to reprimand Mr. Russell severely, through the medium of the press. Mr. Clay addressed a letter to Mr. Russell designed to be private, in which he signified his acquiescence in the reprimand, and also gave a concise statement of their debates connected with their disagreement. It appeared that Mr. Adams was laboring under the impression that Mr. Clay coincided with him in construing the treaties of 1783 and 1794, or that part of them referring to the fisheries and Mississippi, from the fact of his signature being attached to the communication of the American to the British commissioners, embodying the views of the former in relation to them. Mr. Clay corrected that impression by declaring that he had not concurred with him. He stated that his object in advising the insertion of the words ‘a majority,’ in the despatch to the secretary of state, was to announce to his government the fact of a division among them, and with the view of concealing it from the power with whom they were treating, he appended his signature to the communication. The dispute was maintained some time between Messrs. Russell and Mr. Adams, and with great acrimony, but no impeachment of Mr. Clay’s conduct or motives was attempted by either. Both awarded to him the honor of having acted well his part, in bringing to so felicitous a consummation the treaty of peace.

Immediately after the close of the negotiation, Mr. Clay repaired to Paris, having resolved not to visit England until he learned the ratification of the treaty. At the request of Mr. Crawford, our minister at Paris, he took lodgings in his hotel, where he found an invitation to a ball, given by Mr. Hottinguer, the American banker, in honor of the conclusion of the treaty. There he was introduced to the celebrated madame de Stael, and had a pleasant interview with her.

She informed him that she had recently visited England, and had openly espoused the cause of the United States there, remarking that the British were greatly exasperated against them, and entertained serious intentions of despatching the duke of Wellington at the head of their armies, for the purpose of inflicting proper, and as they thought well merited chastisement upon them. He politely thanked her for the interest she had manifested in behalf of his country, at the same time expressing his regret that England had not carried out her intentions. ‘Why?’ said she. ‘Because, madame, if he had beaten us, we should only have been in the condition of Europe, without disgrace. But if we had been so fortunate as to defeat him, we should have greatly added to the renown of our arms.’

He afterwards met her at a select coterie at her own dwelling, where he found the marshals of France, duke of Wellington, and many other persons of rank. On introducing Mr. Clay to the duke, madame de Stael repeated the above anecdote. He replied promptly and gracefully, that had he been so fortunate in the execution of such a commission as to triumph over a foe evincing as much bravery as the Americans had, he should regard it as a greater honor than the most brilliant victory he had ever achieved.

Mr. Clay tarried at the French metropolis two months, during which time news of the glorious victory at New Orleans was communicated to him, whereupon he was heard to remark, ‘now I can go to England without mortification.’ He expressed, however, much chagrin at the reported flight of a body of Kentucky militia from the field of battle on that occasion, but declared his belief, from a personal acquaintance with their bravery, that it must be false.

Soon after, he went to England, where the treaty had been ratified formally, a few days previous to his leaving Paris. In England he received the most marked attention, and formed many valuable acquaintances, which subsequently proved a source of pleasure and profit to him. He won the esteem of lord Castlereagh, who treated him with particular politeness, offering to present him to the prince regent, which Mr. Clay civilly declined, in consequence of his unwillingness to submit to the courtly formalities of such an introduction.

Several days had elapsed, when he was informed by his host that an individual desired to speak with him. Mr. Clay requested that he might be admitted, who accordingly was, who proved to be a person splendidly dressed, and, refusing to be seated at Mr. Clay’s request, announced himself as the first waiter of my lord Castlereagh! ‘Indeed!’ replied Mr. Clay, ‘what is your pleasure with me?’ ‘Why, if your excellency pleases,’ said the man, ‘it is usual for a foreign minister when he is presented to lord Castlereagh to make to his first waiter a present, or pay the customarystipend;’ at the same time presenting him with a catalogue of names of foreign ministers, with the amount that each had paid him placed opposite his name.