Ghent was chosen and the United States added James A. Bayard and Jonathan Russell to their commission.
The long and tedious record of the negotiation reveals many a discord between the two sides but, much more unfortunate, it also reveals many clashes between Adams and Clay within the American commission. Adams insisted on protecting the fishing rights off British American shores and Clay wanted to deprive England from the use of the Mississippi River. Clay even tried to stop negotiations at the last moment. Adams says: "Gallatin and Bayard, who appeared not to know where it was that Clay's shoe pinched him, were astonished at what they heard, and Gallatin showed some impatience at what he thought mere unseasonable trifling."[217] Yet Gallatin surely did know where the shoe pinched and he was determined that the larger interests should not be jeopardized. His biographer says: "Far more than contemporaries ever supposed, or than is now imagined, the Treaty of Ghent was the special work and the peculiar triumph of Mr. Gallatin."[218] The biographer of Clay also refers to Gallatin's resources as a peacemaker, adding: "At the very last, just before separating, Adams and Clay quarreled about the custody of the papers, in language bordering upon the unparliamentary. But for the consummate tact and the authority of Gallatin the commission would not seldom have been in danger of breaking up in heated controversy."[219]
These quarrels of the pinching shoes had little to do with the Oregon Question. They reveal, however, some of the qualities of the men destined to cling to the question for many years. Oregon is not mentioned in the completed treaty. In general terms it is included in the following language of Article 1: "All territory, places and possessions whatsoever, taken by either party from the other during the war, or which may be taken after the signing of this treaty, excepting only the islands hereinafter mentioned, shall be restored without delay, and without causing any destruction or carrying away any of the artillery or other public property originally captured in the said forts or places, and which shall remain therein upon the exchange of ratifications of this treaty, or any slaves or other private property."[220] The islands mentioned were those in Passamaquoddy Bay and Gallatin suspected that the British commissioners desired to pave the way for securing in the future a part of Maine "in order to connect New Brunswick and Quebec."[221]
That Oregon was included in the treaty's general terms is shown by the instructions from Secretary of State Monroe to the American commissioners under date of March 22, 1814: "Should a treaty be concluded with Great Britain, and a reciprocal restitution of territory be agreed on, you will have it in recollection that the United States had in their possession, at the commencement of the war, a post at the mouth of the river Columbia, which commanded the river, which ought to be comprised in the stipulation, should the possession have been wrested from us during the war. On no pretext can the British Government set up a claim to territory south of the northern boundary of the United States. It is not believed that they have any claim whatever to territory on the Pacific Ocean. You will, however, be careful, should a definition of boundary be attempted, not to countenance, in any manner, or in any quarter, a pretension in the British Government to territory south of that line."[222]
The American commissioners were therefore informed as to the determined attitude of the United States as to Oregon and Adams declares that the British understood that Oregon was included in the provisions of Article 1 of the Treaty of Ghent. He says that Anthony St. John Baker, Secretary of the British Commission, was to go to America with the ratification of the treaty and, later, he says that Baker showed in a letter to Secretary of State Monroe that the British understood that Astoria was included in he terms of Article 1 of the Treaty of Ghent.[223] Subsequently (21 February, 1822) it was revealed by the publication of the report of the American commissioners, dated at Ghent, 25 December, 1814, the day after the treaty was signed, that an attempt had been made to settle the boundary from the Lake of the Woods westward along the forty-ninth parallel of latitude. That would have settled the Oregon controversy then. It was rejected because it was involved with "a formal abandonment on our part, of our claim to the liberty as to the fisheries, recognized by the treaty of 1783."[224]
That Oregon was included in the provisions of the Treaty of Ghent was recognized in 1818 by the formal transfer of Astoria (Fort George of the British) to J. B. Prevost, representing the United States for the purpose of that transfer.
In the same year, 1818, was signed by Great Britain and the United States an agreement that has since been known in the Oregon country as the Treaty or Convention of Joint Occupancy. The official title is Convention Respecting Fisheries, Boundary and the Restoration of Slaves. Article III of this convention provided that "any country that may be claimed by either party on the northwest coast of America, westward of the Stony Mountains" should for the term of ten years be free and open to "the vessels, citizens and subjects of the two Powers."[225] There were no American settlers in Oregon then. The Northwest Company of Montreal had a number of trading posts. The convention was a mutual confession that the future would have to solve the question of actual sovereignty. When that convention was signed, John Quincy Adams was Secretary of State, Henry Clay was Speaker of the House of Representatives, and Albert Gallatin was United States Minister to France. But he was directed to go from Paris to London to join United States Minister Richard Rush in the negotiations and Gallatin's name is the first signature on the completed document.
On 22 February, 1819, John Quincy Adams, as Secretary of State, signed with Luis de Onis, Spanish Minister to the United States, an agreement known as the Treaty of Friendship, Cession of the Floridas, and Boundaries. Just exactly two years elapsed before the treaty was ratified and proclaimed. The delay was caused by Spain's fear that the United States was about to recognize the independence of the revolted Spanish American colonies. Article III of this treaty affects the Oregon case in two ways. It fixes the southern boundary of the Oregon country along the forty-second parallel of latitude and it passes to the United States a quitclaim to any title that Spain may have in lands lying north of that boundary.[226] Adams surely sensed the importance of this item at the time. It was frequently cited and urged in subsequent negotiations.
In 1821, the Czar of Russia claimed the coast of America from the frozen seas in the North to the fifty-first parallel of latitude. On 17 July, 1823, Secretary of State Adams told Baron Tuyl, Russian Minister to the United States, that the time had passed for further colonization by European powers in the lands of America. On the first Monday of the following December, President Monroe gave to Congress the famous message that embodies the Monroe Doctrine. Russia's claim to part of Oregon provoked a part of that Doctrine. Henry Middleton, United States Minister to Russia, was directed to begin negotiations which resulted in the convention as to the Pacific Ocean and Northwest Coast of America, bearing the date of 17 April, 1824. Article III of this convention fixes the northern boundary of the Oregon country at fifty-four degrees and forty minutes of north latitude. At this juncture, Gallatin had returned to private life, but Clay was still Speaker of the House and Adams was Secretary of State.