"I am thoroughly convinced that the United States can never be called upon to treat under circumstances less auspicious than those which exist at the present moment, unless our internal bickerings shall continue to weaken the effects of the government."
With discouraging news from home, the seat of government taken, and the Capitol burned, the Eastern States opposing the war and threatening to withdraw from the Union, and his fellow commissioners in the despondent mood evidenced by the above-quoted letters,—it is amazing that Clay, whom some historians have called a compromiser by nature, opposed any and all concessions and wished that the war should go on.
By the third article of the treaty of 1783 it was agreed that citizens of the United States should not fish in the waters or cure fish on the land of any of the maritime provinces north of the United States after they were settled, without a previous agreement with the inhabitants or possessors of the ground.
By the eighth article of the same treaty, it was agreed that the navigation of the Mississippi River should ever remain free and open to the subjects of Great Britain and the United States. It was then supposed that the British Canadian possessions included the head-waters of this river. By the Jay treaty of 1794 this was confirmed, and "that all ports and places on its eastern side, to whichsoever of the parties belonging, might be freely resorted to and used by both parties." At this time Spain possessed the sovereignty of the west side of the river, and both sides from its mouth to 31° north latitude. The United States acquired by the Louisiana purchase of 1803 all the sovereignty of Spain which had previously been acquired by France.
Gallatin proposed to insert a provision for the renewal to the United States of the rights in the fisheries, and as an equivalent to give to Great Britain the right to the navigation of the Mississippi River. This was favored by Gallatin, Adams, and Bayard, and opposed by Clay and Russell. Mr. Clay, seeing that he was in a minority, stated that he would affix his name to no treaty which contained such a provision. After his firm stand Mr. Bayard left the majority. Clay's "obstinacy" in opposing concessions is well shown in Mr. Adams's Journal:—
"To this last article [the right of the British to navigate the Mississippi River] Mr. Clay makes strong objections. He is willing to leave the matter of the fisheries as a nest-egg for another war.... He considers it a privilege much too important to be conceded for the mere liberty of drying fish upon a desert, but the Mississippi was destined to form a most important part of the interests of the American Union.... Mr. Clay, of all the members, had alone been urgent to present an article stipulating the abolition of impressment. Mr. Clay lost his temper, as he generally does whenever the right of the British to navigate the Mississippi is discussed....
"December 11th. He [Clay] was for war three years longer. He had no doubt but three years more of war would make us a warlike people, and that then we should come out of the war with honor.... December 22d. At last he turned to me, and asked me whether I would not join him now and break off negotiations."
After five months of weary negotiations under most adverse conditions so far as the American commissioners were concerned, the treaty was signed on December 24th, 1814. During all these months Clay had resisted any and all concessions, and none were made. The Marquis of Wellesley declared in the House of Lords that the American commissioners had shown a most astonishing superiority over the British during the whole of the correspondence.
During Mr. Clay's absence at Ghent, his admiring constituents returned him to Congress by an almost unanimous vote. A year later in Congress, Clay referred to his part in the bringing on the war as follows:—
"I gave a vote for a declaration of war. I exerted all the little influence and talent I could command to make the war. The war was made. It is terminated. And I declare with perfect sincerity, if it had been permitted to me to lift the veil of futurity and to foresee the precise series of events which had occurred, my vote would have been unchanged. We had been insulted and outraged and spoliated upon by almost all Europe,—by Great Britain, by France, Spain, Denmark, Naples, and to cap the climax, by the little contemptible power of Algiers. We had submitted too long and too much. We had become the scorn of foreign powers and the derision of our own citizens. What have we gained by the war? Let any man look at the degraded condition of this country before the war, the scorn of the universe, the contempt of ourselves; and tell me if we have gained nothing by the war? What is our situation now? Respectability and character abroad, security and confidence at home."