A MASTERPIECE OF DIPLOMACY: ANGLO-AMERICAN NEGOTIATIONS AT GHENT, (AUGUST - DECEMBERg 1814)' by James Cleveland Wood A Thesis Submitted to the Faculty of the DEPARTMENT OF HISTORY In P a r t ia l F u lfillm en t of She Requirements For th e Degree of MASTER OF ARTS In th e Graduate College THE UNIVERSITY OF ARIZONA 19 6 6 SmTEMMT I I AUTHOR This th e s is has been subm itted in p a r t i a l fu lfillm e n t of requirem ents fo r an advanced, degree a t The U niversity of Arizona and i s deposited in th e U niversity lib r a r y to be made a v a ila b le to borrowers under r u le s of th e L ib rary 0 B rie f quotations from t h i s th e s is are allow able w ithout sp e c ia l perm ission, provided th a t accurate acknowledgment of source i s made. Requests f o r perm ission f o r extended quotation from o r reproduction of t h i s m anuscript in whole or in p a rt may be granted by the head of th e major department or th e Dean of th e Graduate College when in h is judgment the proposed use of the m a te ria l i s in the in te r e s ts of sc h o larsh ip » In a l l other in sta n c e s, however, perm ission must be obtained from th e author. APPROVAL.BI THESIS DIRECTOR This th e s is has been approved on th e date shown below: (L J, A, Beatson -ofessor of H istory PREFACE The diplom atic f i e l d of study in h is to ry i s a most challenging and complex one. ; How one d eals w ith h is "brothers" becomess c e r ta in ly „ a m atter of In te rn a tio n a l importance because of i t s e f f e c t on a l l people. This i s a study of n e g o tia tio n s t h a t le d to the signing of the Treaty of Ghent and which a ffo rd s a fa sc in a tin g in s ig h t in to the give and take th a t c h a ra c te riz e s high le v e l diplom atic n e g o tia tio n s. To an American h is to ria n th ese n e g o tia tio n s are e sp e c ia lly in te re s tin g because of the prominent and strong p e rs o n a litie s of th e American commissioners a t Ghent. The m a te ria ls used in t h i s th e s is can be found in th e U niversity o f Arizona L ibrary. I would lik e to acknowledge two people fo r th e ir h elp fu ln ess in my preparing t h i s paper. Dr. James A. Beatson helped by giving many c o n stru ctiv e c ritic is m s and much time w ith which to discu ss th e to p ic . And to my w ife, Lula B e lle , fo r th e much needed in s p ir a tio n in fin is h in g th e t h e s i s s I give my thanks. ill TABLE OF CONTENTS Page ABSI'AACT o o o c o e o o o o o o o o o o o o o o o o o o o o o o o V CHAPTER 1. THE PEACE OF PARIS - A CONTINUATION OF PROBLEMS 2o NEGOTIATIONSj FIRST PHASE: 3. . 1 AUGUST 6 - OCTOBER 14 „ . 23 ,0 0 0 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 NEGOTIATIONS SECOND PHASE: OCTOBER 15 = DECEMBER 24 4. . . REACTIONS AND SETTLEMENTS LIST OF REFERENCES . . . . . . . 5^ . 73 93 ±v ABSTRACT The Americans won t h e i r f ig h t f o r independence w ith the Treaty of P a ris in 1783=. This T reaty, however, l e f t many problems to be solved: th e question of th e In d ian s, when th e B r itis h f o r t s were to be removed, the u n c le ar boundaries, and la c k of proper commercial agreements w ith England. These problems and u n s e ttle d m a tte rs, plu s th e more acute maritime questions, drew th e U nited S ta te s and England to war in June, 1812. The peace n e g o tia tio n s began alm ost as the war d id . The Americans se n t fiv e well-known Americans to Ghent, in Holland, w hile the B r itis h se n t th re e unknown men to re p re se n t the B r itis h Cabinet. The American fiv e were in te r n a lly divided among them selves as w e ll as a g a in st th e B r itis h . The n e g o tiatio n s were very near to clo sin g many tim es, and w ithout the w illin g n e ss to compromise on both sid e s, the peace e f f o r ts would have been f o r naught. The Americans and the B r itis h surrendered many ideas th a t they had f e l t in the beginning were e s s e n tia l to any tr e a ty . The Treaty of Ghent, i t s e l f , did end the war b u t l e f t th e major problems to be s e ttle d a t some l a t e r d a te . Both the Americans and th e B r itis h denounced th e tr e a ty , b u t the welcoming of peace overshadowed th e term s them selves. The next decade saw the more p ressin g questions = commercial agreem ents. Great lak es disarmament, th e s e ttlin g of boundaries s e ttle d p eacefu lly as the United S ta te s and Great B rita in learn ed to re s p e c t one another. v , CHAPTER 1 ' - THE PEACE OF PARIS - A CONTHHATIOI OF PROBLEMS Great B rita in form ally recognized American independence when her re p re se n ta tiv e s signed th e Treaty of P a ris , September 3, 1783o The achievement of independence had not come e a s ily „ However James Warren, a frie n d of th e Adams fam ily and a former re p re se n ta tiv e to the M assachusetts L e g isla tu re , wrote to American delegate John Adams in P a ris on June 24, 1783: "Every Body th in k s th e Terms honourable on your p a r t, and q u ite equal to th e most sanguine E xpectations and y e t 1 every Body i s not p le a s e d ." Alexander Hamilton wrote to John Jay about th e acceptance of th e tr e a ty : " I have been w itness w ith pleasu re to every event which had had a tendency to advance you in th e esteem of your country . . . . The peace . . . does th e highest 2 honour to those who made i t . " With th e signing of th e peace tr e a ty , the u ltim a te cause f o r which th e colonies had been f ig h tin g , independence, was won; however, t h i s proved to be only th e beginning of new disagreem ents and th e fla re -u p of old ones as Americans began th e ir attem pt to keep the independence lig h t s a liv e and burning b rig h tly . 1. Warren-Adams L e tte r s , 1778=1814, The M assachusetts H is to ric a l S ociety, 1925, Volume H , p. 218. . 2. Henry P. Johnston, The Correspondence and P ublic Papers of John Jay, Hew York, London, G. P. Putnam's Sons, 1890=1893, Volume I I I , p 7 /0 o i The y e ars follow ing t h i s Anglo-American Peace of P a ris were d i f f i c u l t y ears f o r both sid e s involved. The B r itis h had l o s t a tremendous p a rt of th e ir empire§ th e Americans had to f i g h t to keep a liv e what they had won. Constant disagreem ents a t tim es alm ost le d to war between the two co u n tries i however„ time continued to s lip slowly by w ithout war, perhaps because of the compromise involved in Jay*s T reaty of 1794. I t i s the a u th o r's purpose in t h i s chapter to t r e a t th e v arious issu e s th a t were n o t s e t tl e d by th e T reaty of 1783 so th a t some of the problems which o a st a shadow over th e n eg o tiatio n s leading to a settlem en t of the War of 1812 can be b e tte r understood. The prelim inary a r t i c l e s of peace were signed a t P a ris on lovember 30, 1782. A fter r a t i f i c a t i o n s had taken place on both sid es th e Treaty of P a ris was proclaim ed in e f f e c t on A p ril 15, 1783° In A rtic le I Great B rita in acknowledged th e independence of th e th ir te e n colonies of the U nited S ta te s . A rtic le I I attem pted to define the boundary of th e United S ta te s ; i t i s the e a ste rn boundary t h a t w ill be discussed l a t e r , when i t became a major source of controversy between th e two c o u n tries. A rtic le I I I s ta te s th a t the People of the U nited S ta te s s h a ll continue to enjoy unmolested the R ight to tak e F ish of every kind on th e Grand Bank, and on th e other Banks of Mewfoundland.. . and a t a l l other Places in th e Sea where the In h a b ita n ts of b o th C ountries used a t any time h e reto fo re to f i s h . And a lso th a t th e In h ab ita n ts of th e U nited S ta te s s h a ll have L ib erty to take F ish of every kind on such p a rt of th e Coast of Newfoundland.. . so long as the same s h a ll remain u n s e ttle d . 1. William M. Malloy, com piler. T re a tie s . Conventions. I n te rn a tio n a l A cts, Protocols and Agreemen ts , 1776-1909. Washington. Gbverhment'' P rin tin g u i f ic e , ±9IU7 Volumd I," p. H ereafter c ite d as Malloy. For th e L o y a lists th e re m s somethings howeverB i t d id n o t give them much room on which to stand. " I t i s agreed t h a t th e Congress s h a ll e a rn e s tly recommend i t to th e L eg isla tu re s of. th e re sp e c tiv e S ta te s » to provide f o r th e R e s titu tio n of a l l E s ta te s 9 1. R ights s and P ro p e rtie s which have been c o n fisca te d . . . . 11 A recommendation was n o t enough; i t would have taken much stro n g er language than th a t to make th e s ta te s complyo A rtic le VII s e t a l l p riso n e rs f re e on both s id e s B and provided th a t "his B ritan n ic Majesty s h a l l p w ith a l l convenient speed, and w ithout causing any d e stru c tio n or carrying away any Negroes, or o th er Property o f the American In h ab ita n ts withdraw a l l h is Armies, G arrisons and F le e ts from th e sa id United S ta te s , and from every P o rt, P lace, and Harbour w ith in the same, 11 A rtic le V III s ta te d th a t th e n av ig atio n o f th e M ississip p i River from i t s source to th e ocean should always be f re e and open to th e c itiz e n s o f G reat B rita in and th e United S ta te s , John Jay, American S ecretary f o r Foreign A ffa irs , had th e d i f f i c u l t ta s k of working f o r a s o lu tio n o f the v ario u s issu e s which soon "arose out of the execution o f, or ra th e r th e f a ilu r e 3 to execute, the tr e a ty of peace," G reat B rita in had two choices as to her p o lic y toward her former c o lo n ies. 1, Malloy, pp. j>88.»589= 2, Malloy, p. 589= One was the 3= Samuel Flagg Bemis, The American S e c re ta rie s of S ta te and Their Diplomacy. New York, Pageant Book Company, 1958, Volume I I r :p 7 209^ h e re a fte r c ite d as Bemis, The American S e c re ta rie s of S ta te and Their Diplomacy. — — 4 acceptance of American independence s and an attem pt to e s ta b lis h a close and c o rd ia l understanding w ith them based on re c ip ro c ity o f commerce, allowing the U nited S ta te s to have a l l the b e n e fits which i t had under th e o ld n av ig ation laws. In t h is way G reat B rita in could have helped h e r s e lf , because she might p o ssib ly have broken up th e Franeo~American a llia n c e . This would have involved moving th e B r itis h tro o p s from the U nited S ta te s , in ste a d of leaving them th e re . The second p o s s ib ility , and th e one the E nglish chose, was to reg ard th e U nited S ta te s as an a lie n and r i v a l n a tio n a g a in st whose commerce and p o l i t i c a l in te r e s ts Great B rita in should be je a lo u sly on i t s guard, 1 d i f f i c u l t road to follow . England chose the The th ir te e n colonies had won t h e i r o b jectiv e =«= to become to g eth er independent u n ite d s ta te s . However th e re was no smooth and c le a r - c u t p a th f o r the newly fre e d colonies: a government had to be e sta b lish e d , u n ity of a l l th e th ir te e n colonies was im perative, L afay ette, a young Frenchman who had fought g a lla n tly f o r th e Americans during th e American R evolution, wrote to th e C ontinental Congress a fte r th e p re lim in a rie s o f peace had been signed: ’l a y the s ta te s be so bound to each o th er as fo rev er to defy European p o l i t i c s . Upon th a t union t h e i r consequence, th e ir happiness w i l l depend. This i s the f i r s t wish of a 2 h e a rt more tr u ly American than words can e x p re ss ,u John Adams wrote 1, Semis, The American S e c re ta rie s of S ta te and Their Diplomacy, Volume I I , pp, 209=210, 2, Jared Sparks, e d ito r, The Diplomatic Correspondence of th e American R evolution, Washington, John 0, Rives, 1857, Volume V, pp, 408-409= H ereafter c ite d as Sparks, 5 to th e C ontinental Congress about the signed tr e a ty of peace: " I have th e honor to co n g ratu late Congress upon l t 9 as i t i s a oompletion of 1 the work of peace „ and the b e s t th a t we could o b ta in ," Power and u n ity in government were th e th in g s most needed a t t h i s c r i t i c a l tim e, b u t they were both lack in g . The states; u n ite d had many growing p a in s. For th is reason the now independent s ta te s could not demand t h a t B rita in carry out th e terms of th e tr e a ty . These American s ta te s were only beginners in th e f i e l d of diplomacy, they were attem pting to le a rn how to operate e ffe c tiv e ly w ith the powers of Europe, Therefore, th e Treaty of P a ris of 1?83 was not the end of the tro u b le s between G reat B rita in and th e United S tates? th ese problems were to endure fo r decades. A rtic le I I of th e tr e a ty had e sta b lis h e d the e n tir e boundary of th e United S ta te s 9 b u t b efo re the tr e a ty was a c tu a lly signed a controversy over the e a ste rn boundary appeared. e aste rn boundary in t h i s way: The t r e a ty s ta te d the "E ast, by a lin e to be drawn along th e middle of th e r iv e r S t, Croix, from i t s mouth in the Bay of Fundy to i t s source, and from i t s source d ir e c tly n o rth to the a fo re sa id Highlands, which divide the r iv e r s th a t f a l l in to th e A tla n tic Ocean p from those which f a l l in to th e r iv e r S t, Lawrence , , , , " The immediate controversy which developed in to one of very long standing 1, Sparks, Volume IV, p. 110, 2, Mallcy, Volume I , p, j>88. had, to do w ith the S t0 Croix Rivero The n e g o tia to rs had used M itc h e ll’s Map on which the St* Croix River was c le a r ly b u t wrongly marked. There had been no in k lin g of t h a t tr a g ic c a rto g ra p h ic a l inaccuracy which was soon to cause an in te rn a tio n a l d isp u te over a d e fin itio n designed to prev en t a l l d isp u te s. M itchell had described "but two, in ste a d of , th re e r iv e r s which empty themselves in to th e la y of Passamaquoddy., The e a ste rn of those he had placed a t th e head of the bay, near the cen tre 1 of it;, and c a l ls i t S t. C roix." The w estern r iv e r he c a lle d the Passamaquoddy. I t had been in 1764 when Governor Bernard of M assachusetts se n t a surveyor to th e Passamaquoddy Bay to fin d out about t h is a re a. B ernard’s surveyor, John M itchel, re p o rte d th a t the Indians had . . id e n tif ie d , the M&gaguadavie as th e S t. Croix. In the follow ing y ear Governor Wilmot of Nova S co tia likew ise t r ie d to survey th e boundary. His surveyor, Charles M orris, found Indians who to ld 2 him th a t the S t. Croix was th e Cobseook. Now, the Magaguadavic River was n o rth e a st of Passamaquoddy Bay, g re a tly favoring the Americans. The Cobseook River was a g re a t d eal southwest of Passamaquod# Bay? t h i s g re a tly favored th e B r itis h . 1. American S ta te P aperst Foreign R e la tio n s. Boston, Thomas B. W ait, l b ! 9 ? Washington, B nited S ta te s Congress, Gales and Seaton, 1832, Volume X, p . l4 . H ereafter c ite d as American S ta te Papers. 2. A lfred Le Roy B urt, The U nited S ta te s . Great B r ita in . and B r itis h North America, lew Haven" i a l e U niversity 'Press, 1944, p. 73. H ereafter c ite d as B urt. People from lova S cotia had begun a settlem en t c a lle d St„ Andrews 9 which was on the e a ste rn bank of th e Schoodie R iver» The Sehoodie River i s lo c a te d alm ost c e n tra lly between th e Magaguadavie 1 River and th e Gobscook R iver. Thus th e Americans were convinced th a t th e B r itis h were s e ttlin g on American s o i l . On iovember 12. 17#@ Governor Hancock of M assachusetts wrote to the governor of Nova S cotia concerning t h is m atter. Meanwhile though^ a new province had been c re ate d . New Brunswick, and she was resp o n sib le fo r th e disputed te rrito ry o Governor G arleton of New Brunswick d id not re p ly on the su b je ct f o r s ix months. On December 27, 1784, General Rufus Putnam wrote a l e t t e r about h is fin d in g s from surveying th e e a ste rn extrem ity o f M assachusetts f o r the s ta te government. was misworded. Putnam f e l t , f i r s t of a l l , t h a t the tre a ty The tr e a ty s ta te d th a t i t "gave the United S ta te s a l l th e isla n d s w ith in twenty leagues of th e shore of th e Republic between 2 a lin e drawn due e a s t from th e mouth of th e S t. Croix. 11 For t h is reason he f e l t n e ith e r th e Magaguadavie nor th e Sehoodie could be the c o rre c t r iv e r because n e ith e r f u l f i l l e d th ese term s. Putnam concluded th a t th e peace commissioners had considered th e whole of Passamaquoddy Bay as th e mouth of th e S t. Croix. In the spring of 1785 John Jay spoke up in th e C ontinental Congress. He f e l t t h is d isp u te should be s e ttle d and he f e l t t h i s 1. American S ta te P apers: Foreign R e la tio n s. Volume X, p. 13. 2. Malloy, Volume I , p. 588* could, be done by an in te rn a tio n a l commission, Jay suggested t h a t th e United S ta te s m in iste r to Great B r ita in could broach t h i s . But before anything was done a l e t t e r was receiv ed on June 21s 1?85 from th e governor of lew Brunswick, in sp ire d by London, s ta tin g t h a t only the Sehoodie could p o ssib ly be the r e a l S t, Croix; th e B r itis h were in no mood to compromise. I t was l a t e r in th e summer of 1785 t h a t James Avery, a M assachusetts c o lle c to r of e x cise, re p o rte d th a t lew Brunswick was claim ing a l l of th e isla n d s in the Passamaquoddy Bay. A f a u lty map, a misworded tr e a ty of peace, a d e sire f o r as much land as p o ssib le in th e n o rth ea st «— a l l of th ese sp e lle d tro u b le over t h i s p a rtic u la r p a r t of th e boundary, American m in iste r to England, John Adams, had spoken in London about John Ja y ’s idea f o r a commission, b u t nothing ever came of i t . The issu e was q u ie t fo r se v e ra l y e a rs, and th en because of th e i n te r e s ts of a p riv a te c itiz e n P re sid e n t George Washington took a look a t th e M assachusetts t e r r i t o r y , Washington s ta te d th a t th e B r itis h were s t i l l encroaching on American s o i l and suggested t h a t Ja y ’s idea of a commission be follow ed up; however, nothing happened u n t i l Jay him self went to England in 179^= The boundary is s u e , by t h i s tim e, was com pletely overshadowed by other is s u e s , e sp e c ia lly commercial ones. The Treaty of P a ris , although th e preamble ta lk e d of e sta b lis h in g r e c ip ro c ity , contained no p ro v isio n fo r reopening tra d e . This w orried Great B rita in e sp e c ia lly , because she was a f r a id other c o u n trie s, such as France, would se ize th e opportunity to capture the American tra d e . However, th e p ro h ib ito ry le g is la tio n passed in before th e war9 had n o t been rep ealed . im portant to th e Americans a ls o . This commercial business was John Adams had w ritte n from P a ris on February 5g 1783 to Robert R0 L iv in g sto n 5 "A tr e a ty of commerce w ith Great B rita in i s an a f f a i r of g re a t importance to both c o u n tries. He took th is opportunity to says " I t i s our p a r t to be th e f i r s t to send a m in iste r to G reat B r ita in 9 which i s th e o ld er, and as y e t the superior S ta te . I t becomes us to send a M in ister f i r s t , and I doubt n ot th e King of G reat B rita in w ill vezy soon r e tu rn th e compliment." 2 The Fox m in istry , e a rly in Ju ly , 1783 allowed d ire c t tra d e to be reopened between th e U nited S ta te s and th e B r itis h West In d ies; however th e renewed in te rc o u rse was not to be as f re e as th a t of prewar days. Those s p e c ifie d a r t i c l e s grown in America "may, u n t i l fu rth e r o rd er, be imported by B r itis h su b je c ts in B ritis h = b u ilt sh ip s, owned by h is M ajesty’s su b je c ts, and navigated according to law, from any p o rt of th e United S ta te s of America to any of h is M ajesty’s West In d ia Isla n d s; and th a t rum, sugar, m olasses, c o ffe e .. . may be exported by B r itis h su b je c ts, in B r itis h ships" from the West 3 Indian Islan d s to th e U nited S ta te s . The sp e c ifie d a r t i c l e s did not include th e im portant item s of American f i s h and meat. Some Engl i sh p o litic ia n s favored a l i b e r a l commercial p o lic y ; these men, le d by William P i t t , the younger, and Lord Shelburne, wanted fr e e commercial ' 1. Sparks, Volume IV, p. 14. 2. Sparks, Volume IV, p. 14. 3. Sparks, Volume IV, p. 60. 10 in te rco u rse between the two c o u n trie s. There wasa though9 a considerable body of opinion which favored a r i g i d maintenance of E ngland's nav ig atio n system? t h i s d e sire f o r a r i g i d system was le d by th e shipping in te r e s t, which was stru g g lin g to preserve i t s maritime monopoly, • Lord S h e ffie ld spoke in t h i s manner regarding American commerce, , , , A. B i l l was f i r s t introduced in to Parliam ent, Had i t passed in to a law, i t would have a ffe c te d our most e s s e n tia l in te r e s ts in every branch of commerce 9 and in every p a rt of th e world? i t would have deprived of t h e i r e ffic a c y and navig atio n law s, and undermined th e whole naval power of B ritain ? i t would have endangered the repose of Ire la n d , and e x cite d the j u s t in d ig n atio n of Bnssia, and other countr ie s $ the West In d ia p la n te rs would have been th e only su b je cts of B rita in who could have derived any b e n e f i t ,, , from t h i s open in te rco u rse d ir e c tly w ith the American s t a t e s , , , , The nav ig atio n A ct, th e b a s is of our g re a t power a t sea, gave us th e tra d e of the w orld: i f we a l t e r t h a t a c t, by p erm ittin g any s ta te to tra d e w ith our isla n d s , or by su ffe rin g any s ta te to brin g in to t h is country any produce b u t i t s own, we d e s e rt the N avigation A ct, and s a c r if ic e the marine of England,, , , This country has n o t found i t s e l f in a more in te r e s tin g and c r i t i c a l s itu a tio n than i t i s a t p re se n t. I t i s now to be decided whether we a re n o t to be ruined by the Independence of America, or n©t,+ The v ic to ry of th e p ro ta g o n ists of B r ita in ’s e sta b lis h e d system in 1783 and 1?84 meant th a t in the y ears immediately follow ing independence th e United S ta te s was placed s t r i c t l y on th e fo o tin g of any e th e r fo re ig n n a tio n , Now, t h is c e rta in ly destroyed American dreams and hopes of re c ip ro c ity . There was no tra d e a t a l l w ith Canada during th e f i r s t y ears o f p eaceful separations a B r itis h Order in Council of A p ril 8, 178j>, forbade the im portation of any American produce in to th e province. Lord Dorchester became the Canadian Governor in 1786, and by A p ril 18, 1787 he had opened commercial in te rco u rse w ith th e neighboring 1, Buhl J , B a r tl e t t , e d ito r, The Record of American Diplomacy, New York, A lfred A, Knopf, 1954, pp, 48=49, H ereafter c ite d as B a r tle tt, 11 s ta te s of th e United. S ta te s « When London found out about t h i s , however9 she in s is te d th a t t h is tra d e be elosedo The B r itis h m ercantile system was s t i l l in e f f e c t to a considerable degree? i t was damaging to the United S ta te s th a t they had n o t receiv ed a commercial clause i n the Treaty th a t ended,th e war. A rtic le V II of th e Treaty of P a ris s ta te d t h a t a l l B r itis h men and p o sts were to be removed from th e United S ta te s , Robert L ivingston wrote to George Washington on A p ril 12, 1?83: " I co n g ratu late your Sxeelleney most sin c e re ly upon th e c e ssa tio n o f h o s t i l i t i e s ? M however, " i t i s a very c a p ita l em ission in our t r e a ty th a t no time has 1 been fix e d f o r the evacuation of lew T o rk ,11 I t turned o u t, however, th a t th e troops moved immediately out of lew York, C, A, Be, La Luzerne-,- a Frenchman, wrote to George Washington on November 21, 1783: "I beg your Excellency to rec eiv e ay sin c ere c o n g ratu latio n s upon th e evacuation 2 of New York? t h is grand event completes your g lo r y ,11 But Luzerne was n o t thinking of th e e n tir e north ern boundary, fo r the B r itis h d id not withdraw q u ie tly from th e re , B rita in simply refu sed to surrender the t e r r i t o r y she had signed away in th e tr e a ty . The c h ie f of th ese p o sts - thus h eld were Oswegatchie (Ogdensburg, New York), Oswego, N iagara, Presque I s le (E rie , Pennsylvania), Sandusky, D e tro it, and Mlohillmaokinac. They were only a few is o la te d f o r t s on th e edge of th e United S ta te s and th e i r t o t a l area was a n e g lig ib le number of a c re s, y e t they enabled 1, Sparks, Volume VI, p. 2W, 2, Sparks, Volume VI, p, 126, s 12 B rita in to r e ta in e ffe c tiv e c o n tro l over many thousand square m iles of American t e r r i t o r y » Americans immediately began to reason t h a t the B r itis h and Canadians d id not want to give up the valuable fu r tra d e ; and th e B r itis h d id not mean to keep i t a s e c re t, fo r they asked f o r a th re e y ear p erio d to move a l l th e B r itis h out of th a t a re a. The Americans countered t h i s by proposing a continuance of th e B r itis h occupation only u n t i l Congress ordered evacuation and American g a rriso n s a rriv e d to take over from the B r itis h . The f u r tra d e could have been one of the reasons why th e B r itis h continued to keep the w estern p o s ts , b u t only one reason. The Indians were c e rta in ly a b a sic fa c to r in the problem. The B r itis h had blundered in t h e i r diplomacy; th e promises B r ita in had made to th e United S ta te s clashed w ith the ones she had made w ith her Indian a l l i e s . Thus, B r ita in had th e choice of breaking her word e ith e r to the w hite Americans or re d Americans. The United S ta te s could have been a tremendous help in th e so lu tio n of t h is problem i f she had not been so weak and u n stab le a t t h i s tim e. She had f a i l e d to work out and adopt a se n sib le Indian p o lic y or to cre ate a government which could do so. The T reaty of 1783 had f a i l e d to mention th e Indians; th u s, i t was l e f t to th e United S ta te s to d eal w ith the re d men as she saw fit. Various t r e a t i e s were n e g o tiate d . At F o rt Stanwix in 1 7 # ; a t F o rt McIntosh in 1785; a t th e mouth of th e Miami in 1706; and a t F ort Harmar in 1789 the agents of Congress n e g o tia te d piecem eal t r e a t i e s , which, added to g e th e r, were to have given an approximation to a g en eral settlem en t of the n o rth ern i n t e r i o r . But the Indians refu sed 13 to be beaad by t h is settlem eeto They declared the t r e a t i e s w orthless. The B r itis h decided on a two=.fold p lan fo r t h e i r in te r io r p o lic y . F irs t, they weald persuade th e re d men th a t th e ir r e a l i n te r e s t la y in coming to terms w ith th e v ic to rs in the l a t e war; second, t h e i r purpose was to r e s to re the sh a tte re d confidence of th e Indians in th e B r itis h , Even some people in the U nited S ta te s , because of the v io le n t Indian mood, f e l t i t was b e tte r t h a t th e B r itis h keep the f o r t s f o r a w hile lo n g er, even i f they were breaking the Treaty of P a ris , At f i r s t i t had been th e B r itis h f u r tra d e t h a t had been p a r t i a l l y resp o n sib le f o r th e ir f a ilin g to evacuate th e p o sts, th e a ttitu d e of the Indians was given as a reason Pontiac ’ s R evolt, Next, to prevent another Canadian Governor Haldimarnd t r i e d to in crease in d e f in ite ly th e p e rio d of B r itis h occupation, Haldimand was moved in t h is req u e st by h is d e sire f o r B r itis h p r o f i t s . He f e l t th a t th e su ffe rin g s of the L o y a lists in the U nited S ta te s could be used as a p u b lic j u s t if i c a t io n f o r B r itis h r e f u s a l to evacuate the p o sts; and th e r e te n tio n of th e p o sts might be used to re lie v e th e su ffe rin g s of the L o y a lis ts, Also, t h is was a good way to coerce American debtors and to g e t t h e i r B r itis h c re d ito rs paid. The B r itis h did have a p o in t here. The Americans had been very n e g lig en t in paying th e ir debts to B r itis h c re d ito rs . A lso, in A rtic le V of the Treaty of P a ris , Congress promised th a t i t would e a rn e stly recommend to the le g is la tu r e s of the various s ta te s th a t they re s to re the c o n fiscated p ro p erty and r ig h ts of " re a l B r itis h su b je c ts" and of those people who were w ith in the B r itis h lin e s in America b u t had never borne arms a g a in st the United S ta te s , Here again the tr e a ty 14 was mlsworded or worded n o t stro n g ly enough. Congress d id ‘'e a rn e stly recommend" t h is to the s ta te s tint very few s ta te s took any a c tio n to re lie v e p ressu re on th e L o y a lists, . John Adams, on a rriv in g in England, had found out by 1?85 t h a t American o b sta cles to th e recovery of B r itis h debts had ra is e d a B r itis h o b stacle to th e tra n s fe r,.o f p o s ts . At t h a t time Adams reversed th e B r itis h argument by saying th a t re te n tio n o f th e p o sts w ithheld from th e U nited S ta te s a tra d e which would have a s s is te d g re a tly in the payment o f B r itis h d eb ts, Adams re tu rn e d home in 1?88 because diplom atic r e la tio n s between the two c o u n tries had been severed. The B r itis h had re fu sed to send a m in iste r to th e U nited S ta te s , thus causing th e break. I t was, however9 in 1789 t h a t a t r a i n of events g o t under way which g re a tly enhanced the chance t h a t B rita in would withdraw from th e fo rts , One o f th ese was th e adoption of th e C o n stitu tio n of th e United S ta te s of America, Now the former colonies had fo r th e f i r s t time a s ta b le and powerful government. The o th er event was the beginning of th e French R evolution th a t plagued England f o r more than twenty y e ars. Great B r ita in had to fac e the c o n tin en t now; l a t e r she would have to reco n sid er h er p o lic y toward the United S ta te s , A th ir d event in the follow ing y e a r, 179©, th e lo o tk a Sound A ffa ir =»« Spanish se iz u re of E nglish sh ip s in the Northwest w orried B rita in a ls o , • : I t was the newly inaugurated P re sid e n t Washington who took th e f i r s t step in approaching th e B r itis h under th e new government, Washington wrote to Gowerneur M orris, who was in P a ris , asking him to approach the B r itis h government in fo rm ally , Washington had th ree 15 p o in ts he wanted ra is e d to the B r itis h , withdrawal from th e f o r t s . T h e .f ir s t was th e su b je ct of The second was th e American com plaint th a t slav es belonging to American c itiz e n s of th e Republic had been c a rrie d o ff during the evacuation of B r itis h troops although th e tr e a ty had s tip u la te d th a t t h is should n o t happen. The th ir d p o in t which M orris was to r a is e was th e commercial t r e a ty so much d e sire d by th e United 1 S ta te s , The year 1790 saw a n ti- B r itis h sentim ent r i s e in th e United S ta te s , In the autumn o f t h a t year American General Jo siah Harmar s e t out to invade the h e a rt of the Indian t e r r i t o r y and to b u ild a f o r t on th e Maumee River a t the p rin c ip a l town of th e Miami t r ib e . The p lan was a good one9 fo r the Maumee was th e c en ter of th e n a tiv e confederacy now dominated by Chief Joseph B rant0 and th e Miamis, who had signed no t r e a t y 9 were among th e most h o s tile of a l l the w estern ■ Ind ian s, U nfortunately9 Harmar was com pletely u n successful. The B r itis h were blamed f o r th e f a i l u r e 9 because th e savages were using B r itis h arms and ammunition supplied to th e Indians through B ritis h -h e ld f o r t s on American s o i l . General A rthur S t, C la ir attem pted a sim ila r move in 1791 and h is attem pt was likew ise unsu ccessfu l, low th e B r itis h had a firm hold on the in te r io r p o sts w ith no one to challenge them, S ta te s , wanted peace. Y ets B rita in , as w ell as th e United However, th ere were o b stacles in th e way of a settlem e n t. 1 , John G. F itz p a tric k , e d ito r. The W ritings of George Washington, Washington, B, C ,, United S ta te s Government P rin tin g O ffice, 1939, Volume XXX, pp. ¥KUWL 1 16 A fter the d e fe a t of General S t. G la ir th e B r itis h found a new p re te x t f o r holding the p o sts i they wanted a new boundary se ttlem en t. They proposed the, establishm ent of a n e u tra l b a r r ie r of e x clu siv ely Indian t e r r i t o r y between th e Republic and th e neighboring B r itis h co lo n ies. B rita in was w illin g to pay th e p ric e of giving up th e p o sts in r e tu r n f o r t h i s change of boundary. Americans th en , as in 1814, had no in te n tio n whatsoever of giving up lan d to th e In d ian s, and made t h is c le a r to Hammond, the new B r itis h m in iste r to th e United S ta te s . A conference was scheduled a t Sandusky, where th e ta lk s of boundary could continue, nothing came of th e ta lk s , and American r e la tio n s ra p id ly d e te rio ra te d w ith the In d ian s. Also th e B r itis h , a f t e r d e clarin g war on France on February 1, 1793, were embarrassed by t h i s American embroilment. The Indian problem came to a head on August 20, 1794 when American General Anthony Wayne le d h is men in th e B a ttle of F allen Timbers. General Wayne wrote to Henry Knox, th e S ecretary of War, on August 28, 1794: " I t i s w ith i n f i n i t e p leasu re t h a t I now announce to you th e b r i l l i a n t success of th e F ederal army under my command, in a gen eral a c tio n w ith the combined fo rc e of th e h o s tile In d ian s, and a considerable number of the v o lu n teers and m i l i t i a of D e tro it, on the 20th of August over th e B r itis h p o st and g a rriso n , 1 a t th e fo o t of th e ra p id s ." I t was a s o lid v ic to ry f o r Wayne and th e Americans? th e Indians had f a lle n v ictim s to th e ir new m asters. 4. American S ta te P apers: Indian A f f a ir s . Volume I f , p. 491. A fter h is d e fe a t of the In d ian s» General Wayne imposed on them th e Bpeaty of G reenville of August 39 1795= This tr e a ty eeded to th e U nited S ta te s most of the p re se n t s ta te of Ohio, leav in g to the n a tiv e s a broad s t r i p of land along the shore of Lake E rie between the Maumee and Cuyahoga River So The Indians a lso y ie ld e d six te e n s tr a te g ic p o in ts' in th e Northwest T e rrito ry f o r m ilita ry posts* w ith a r i g h t of way to them acro ss Indian lands <, This helped open the way to w hite 1 settlem en t of most of the Ohio reg io n 0 The Treaty o f G reenville c e r ta in ly d id not p u t an end to many of th e problems in the lorthw esto The tr e a ty began by s ta tin g as i t s purpose: "To p u t an end to a d e stru c tiv e war* to s e t t l e a l l controversies* and to r e s to re harmosy and frie n d ly in te rc o u rse between the sa id U nited S ta te s and Indian 2 tr ib e s e .o o ” Wayne’s campaign d e fin ite ly helped the U nited S ta te s government to reso lv e problems w ith in i t s own t e r r i t o r i a l borders. Anglo-American r e la tio n s continued to d e te rio ra te a f t e r t h i s b a tt l e ; the two were very close to war. Not long before th is* Chief Ju s tic e John Jay had s a ile d to England as sp e c ia l envoy to seek a settlem en t of the issu e s between the two c o u n tries. Alexander Hamilton* S ecretary of th e Treasury* had urged the P resid en t to send another m in iste r to G reat B rita in . Though P resid en t Washington had chosen Jay* i t was Hamilton who d ra fte d the In stru c tio n s 1. Samuel Flagg Bemis* Ja y ’s T reaty. New Haven and London* Tale U n iv ersity Press* i$6Z9 p. fcJU 2. American S ta te P apers; Indian A ffa irs . Volume IV, p. 562, 18 fo r him. Hamilton sa id in r e la tio n to t h i s ta s k : “energy, -without a s p e rity seems b e s t to comport -with the d ig n ity of n a tio n a l language.»0« We are s t i l l in the p a th of n e g o tiatio n s l e t us n o t p la n t i t w ith 1 th o r n s .11 He d ire c te d Jay to secure th e c essio n of the w estern posts? re p a ra tio n s fo r lo sse s su stain ed by the a c tio n s o f B r itis h c ru is e rs and adm iralty courts? compensation f o r th e slav es c a rrie d away by th e B r itis h aray in 1783? and a commercial t r e a ty w ith Great B rita in . Jay a rriv e d in London in the f a l l of 1794 a t a bad time i f he were hoping fo r concessions from th e B r itis h . The B r itis h had won many v ic to r ie s over t h e i r French enemy and were in no mood to give up anything. However, B rita in d id n o t want war w ith the U nited S ta te s == as a B r itis h m in iste r sa id , the Americans “are so much in debt to t h is country th a t 2 we. sc arc ely dare to q u a rre l w ith them .!i ~= b u t the issu e of war or peace depended to a la rg e degree upon th e conduct pursued by th e U nited S ta te s toward the b e llig e r e n ts . Even though America was n e u tr a l her shipping was being c o n fiscated and destroyed a t w ill by th e B ritis h . For th e sake of peace Jay decided to attem pt only a settlem e n t of the most p ressin g problems between the two c o u n trie s. He was to ld by Lord G renville th a t the United S ta te s must demonstrate her n e u tr a lity before G reat B rita in would surrender the Northwest p o sts or make a commercial tr e a ty w ith th e re p u b lic . 1. Bemis, The American S e c re ta rie s of S ta te and Their Diplomacy. Volume I I , p. 116. ’ - — — 2. W itt Bowden, "English M anufacturers and th e Commercial T reaty of 1786,« American H is to ric a l Review. Hew York and London, The Macmillan Company, 1919, Volume XXV, p. 25. ; • 19 • To secure th e ir o b je c tiv e s. Jay was obliged in e ff e c t to renounce th e freedom o f the seas. So longer could th e United S ta te s ■m aintain her previous p o s itio n s s th a t fr e e ships make fre e goods i ?t h a t n e u tra ls a re e n title d to tra d e f r e e ly w ith b e llig e re n ts in ' non-contraband goods? and t h a t a contraband l i s t must be confined to a few war-mkking a r t i c l e s . How th e B r itis h concept of b e llig e r e n t’s r ig h ts was w ritte n in to Ja y ’s tre a ty s Haval sto re s were held to be contraband? p ro v isio n s, under some ill- d e f in e d circum stances, could not be c a rrie d in n e u tr a l ships to enemy ports? th e U nited S ta te s acquiesced in th e so -c a lle d "Rule of 1756” by which trad e w ith enemy colonies p ro h ib ite d in tim e of peace could n o t be le g a lis e d in time of war? G reat B rita in was gran ted m ost-favored-nation treatm ent? and th e United S ta te s assu red Great B rita in th a t i t would n o t perm it i t s p o rts to be made a base of operations f o r th e ships and p riv a te e rs of Bis B rita n n ic M ajesty’s enemies and t h a t the sa le of p riz e s in American p o rts would no longer be p e rm itte d .^ The U nited S ta te s in tu rn was promised th a t th e Northwest p o sts s t i l l h eld by the B r itis h would be evacuated by June, 1796. The o th er d isp u tes between th e two c o u n trie s — th e amount of compensation fo r s p o lia tio n s , th e claim s o f B r itis h c re d ito rs who had been deprived of th e ir money from th e United S ta te s , th e Northwest Boundary between th e U nited S ta te s and Canada «==> were re f e r r e d to the arbitram ent of jo in t commisions. Nothing was mentioned about compensation f o r slav es belonging to American c itiz e n s c a rrie d o ff by th e B r itis h army in 1783. Also th ere was no guarantee th a t 1. Samuel Flagg Bemis, John Quincy Adams and th e Foundations of American Foreign P o licy . New York, A. JL Knopf, 1949, p p T ^ S ^ s T ” " .te e rie a a s o ld ie rs would n o t be Impressed in to the rogyal n&vy* Jay a ls o signed a eommeroial t r e a ty w ith G reat B rita in which gave American sh ip s 8 under c e r ta in r e s t r i c t i o n s a th e p riv ile g e of trad in g w ith In d ia; and opened th e B r itis h West In d ies to American v e sse ls which weighed seventy tons or le s s . This was some breakthrough o f th e B r itis h m ercantile system b u t only a sm all one. ' Americans from a l l se c tio n s denounced Jay ’s T reaty. Ja y was denounced as a t r a i t o r ; however9 he had done what he f e l t had to be done; he had preserved peace, a t l e a s t f o r th e time b eing. w estern p o sts problem had been solved. Hew the Other problems l e f t over from th e T reaty of 1783 were to be stu d ied and s e t tl e d by a r b itr a tio n commissions. Seme s t i l l were n o t solved; these helped to le a d to the War of 1812. Even though Ja y ’s T reaty continued to be condemned by Republicans as a s a c r if ic e of American r ig h ts and honor, i t made p o ssib le a la rg e in cre ase in American shipping and tra d e , simply by confirming n e u tr a lity of th e United S ta te s . As th e y ears passed, however, her supposed n e u tr a lity brought many problems to America as a r e s u l t of th e Wars of th e French R evolution in Europe. The U nited S ta te s f e l t she could tra d e f r e e ly w ith the b e llig e re n ts ; B rita in d id n o t. There was constant disagreement over a r t i c l e s th a t c o n s titu te d contraband. ideas over blockades. Also, London and Washington had d iff e r e n t England e s ta b lis h e d "paper b lo ck a d es;" B rita in in te rp re te d the r i g h t of v i s i t and search broadly, whereas the Americans would have lik e d to r e s t r i c t the r i g h t to t h a t of merely 21 examining a s h ip ’s papers« Impressment became a b i t t e r s u b je c t9 and i t s a irils continued to plague ingl©=Amer!ean r e la tio n s . R elatio n s between B rita in and th e U nited S ta te s continued to d e te rio ra te during the f i r s t decade of th e 1800’s . The B r itis h continued to pass Orders In Council t h a t r e s t r i c t e d American tra d e . The Americans r e t a l i a t e d w ith the lonim portation Act of 1806g the Embargo Act of 1807» th e Ronintereourse #2 of 1810. Act of 18090 and Macon’s B i ll The problem of impressment was dram atized bgr th e Chesapeake A ffa ir of March 7? 1807* This a f f a i r alm ost produced war9 b u t war was a c tu a lly th e l a s t d e sire of b o th the B r itis h and the American governments. P re sid e n t Je fferso n was determined to use any means to keep th e United S ta te s out of war. A Congressional committee was appointed to in v e s tig a te the Chesapeake A ffa ir and i t concluded: Resolved, t h a t the a tta c k o f th e B r itis h ship of war leopard on th e United S ta te s ’ f r ig a te Chesapeake„ was a f la g r a n t v io la tio n of the ju r is d ic tio n of th e United S ta te s 9 and th a t th e continuance o f the B r itis h squadron (of which th e leo p ard was one) in t h e i r w aters, a f t e r being n o tif ie d of th e proclam ation of th e P re sid e n t of th e United S ta te s , ordering them then to d ep art the same, was a f u rth e r v io la tio n th e re o f. S ecretary of S ta te James Madison had w ritte n to James Monroe, American M in ister to B rita in , as Oarly as March 6, 180j): ’’The experience of every day shows more and more th e o b lig a tio n on both sid es to e n te r se rio u sly on th e means of guarding th e harmony o f th e two c o u n tries a g a in st the dangers, w ith which i t i s threatened 1. American S ta te Papers. Volume V, p. 497. by a. perseverance o f G reat B rita in in her i r r e g u l a r i t ie s on th e high 1 seas, and p a rtic u la r ly in th e impressments from American v e s s e ls ,H At th is time the B r itis h d id n o t d e sire another eneny fo r they had th e ir hands f u l l . E ventually, however, the United S ta te s was d riv en to war w ith G reat B rita in on June IS , 1812 through a com plicated s e t of reasons whose r e la tiv e importance in th e d ecisio n to go to war i s s t i l l being debated by American h is to r ia n s today. As soon as war had been declared P re sid e n t Madison announced h is w illin g n e ss to n e g o tia te w ith the understanding th a t freedom of the seas could be secured and Impressment of American c itiz e n s would be stopped. 1, American S ta te Papers, Volume VI, p . 173. CHAPTER 2 NEGOTIATIONS, FIRST PHASE: . ' ' AUGUST 6 - OCTOBER 14 Peace f e e le r s began before th e beginning of the War of 1812, P re sid e n t Madison, who had been r e lu c ta n t to ask f o r a d e c la ra tio n of war and " re g re ttin g th e n e c e ssity which produced i t , " looked hopefully toward an e a rly end to h o s t i l i t i e s . Soon a f t e r the d e c la ra tio n of war the B r itis h government, wishing to liq u id a te a minor war and concentrate upon the major one, a g a in st Napoleon, se n t an adm iral to Washington w ith a rm istice proposals, b u t n e g o tia tio n s f a i l e d to develop because of Madison's continued in siste n c e th a t th e B r itis h renounce impressment, B r i ta i n 's a lly R ussia, eager to secure su p p lies from America as w ell as unhampered m ilita ry a id from England, tw ice o ffere d to m ediate. The f i r s t o ffe r was made to American M inister to R ussia, John Quincy Adams, by Count Romanzoff, th e Russian C hancellor, Adams wrote in h is d ia ry on September 21, 1813 th a t he had been to ld by Romanzoff th a t the Emperor, Alexander I "had thought th ere was various in d ic a tio n s t h a t th e re was on b o th sid es a re lu c ta n c e a t engaging and prosecuting the w ar," and the Emperor thought th a t " a n ,,, arrangement of th e d iffe re n c e s between the p a r tie s might be accomplished 23 more e a s ily and speedily by in d ire c t than by a d ir e c t n e g o tia tio n .11 The idea of Russian m ediation in the n e g o tia tio n was seised upon eagerly in Washington. A lb ert G a lla tin and James A. Bayard were h u rrie d ly dispatched to S t. Petersburg to a c t w ith Adams in tre a tin g w ith England. The B ritish!, however, d eclin ed the Russian o ffe r. During th e w inter of 1 8 1 3 = 1 8 1 4 th e Russians made another o ffe r of m ediation to the B r itis h . Lord G astlereagh again refu sed . But on November 4, 1813, the B r itis h wrote a note to th e American government o fferin g to t r e a t d ir e c tly . The news of t h is d ir e c t B r itis h proposal and Madison8s acceptance reached th e Americans a t S t. Petersburg, R ussia, in January, 1814. The s i t e fo r th e n e g o tia tio n s proposed by th e B r itis h was Gothenburg, Sweden? however, th e s i t e was soon changed to Ghent, a sm all town in the Low C ountries The road to peace was now opening. The fiv e American n e g o tia to rs appointed by Madison had a rriv e d a t Ghent by June 28, 1814. This group, probably the a b le s t d ele g atio n th a t the U nited S ta te s has ever se n t to a peace conference was one of v a rie d i n t e l l e c t s and p e rs o n a litie s . However, they were u n ite d in t h e i r fix e d purpose of seeking and finding an honorable 1. A llan le v in s , e d ito r, The Diary of John Quincy Adamss 1794-1845. lew York, Charles S c rib n e r8s Sons, 1951, p . 987 H ereafter c ite d as le v in s . peace, "The only serio u s d i f f ic u lt y in th e American commission m s 1 i t s excess of s tr e n g th ," Henry Adams comments. The nominal head of the fiv e man commission m s John Quincy Adams of M assachusetts, He had had much diplom atic experience as a r e s u l t of having been w ith h is f a th e r , John Adams, former M inister to England and the second P resid en t of the U nited S ta te s , At t h i s time John Quincy Adams m s the American Ambassador to R ussia, As head of th e American peace commission, John Quincy Adams was n o t very o p tim istic nor hopeful f o r a quick tr e a ty mad fe a re d t h a t delay would hinder th e American cause, A lbert G a lla tin had been an in d u strio u s S ecretary of th e Treasury under P resid en ts Je fferso n and Madison, He had disagreed w ith J e ffe rs o n 's embargo and a lso d is lik e d M adison's nonintereourse law# He had n o t wanted th e war; however, i t had come and he wanted to add th e achievement o f peace to h is se rv ic e s, G a lla tin was not loquacious when i t came to p re d ic tin g th e outcome of th e tr e a iy n e g o tia tio n s; he p re fe rre d to keep h is thoughts on t h is m atter to him self, Henry Slay, th e le a d e r of th e West and th e Speaker of th e House of R ep resen tativ es, was fU rth e re st from Adams i n h is opinions, fe e lin g stro n g ly th a t delays in the n e g o tia tio n s only helped th e Americans. 1, Henry Adams, H istory of th e United S ta te s during the A dm inistration of James Madison, Hew fo rk . A ntiquarian P re ss , L td ,, 1891=1896, Volume IV, p, 14. H ereafter c ite d as Adams, H istory of the United S ta te s , 26 James A« Bayard0 F e d e ra lis t senator from Delaware, lacked firm convictions of h is own. A fter hearing arguments from Adams he would f e e l th e United S ta te s was in tro u b le 9 w hile w ith Clay he saw much hope f o r th e fu tu re » Jonathan R u ssell, the f i f t h member o f the commission, had been a charglf d 'a f f a i r e s in P a ris' and was now th e new American m in iste r to Sweden. He, to o , lacked firm convictions of h is own? th e re fo re , h is mood and tone switched depending w ith whom he had a conversation. The month of Ju ly , 1814, quickly passed as th e American commission w aited in Ghent w ith no word from the B r itis h . to be expected th e re a c tio n among the group was mixed. As was Some f e l t the delay helped th e Americans to prepare themselves? o th e rs f e l t th a t t h is was d isa stro u s to American p ro sp e cts. I t was August 6, 1814, th a t the B r itis h d eleg atio n f i n a l ly a rriv e d in Ghent. This d ele g atio n c o n siste d of th re e mens Admiral Lord Gambler; Hr, W illiam Adams, a gentleman of th e law; and Henry Goulburn, one o f the S e c re ta rie s of th e C olonial Department. "Gambler was an Admiralty o ff ic e r who had seldom been to sea and was b e s t known f o r h is lea d ersh ip of an expedition t h a t had bombarded and g u tted d efen seless Copenhagen. Adams was an obscure adm iralty lawyer who was d estin ed to j u s t if y h is o b sc u rity , and Goulburn, a y o u th fu l i underling in the C olonial Departm ent.H Thus, th re e r e l a ti v e 1, Bradford P erkins, C astlereagh and Adams, Berkeley and Los Angeles, U n iv ersity of C a lifo rn ia P re ss, 1 9 # T p . 59, H ereafter c ite d as Perkins. 27 unknowns had been sen t to d iscu ss peace w ith fiv e d istin g u ish e d Americanso I t was su rp risin g to the Americans t h a t men of such mediocre s ta tu re were given the ta s k of making a peace tr e a ty w ith th e United S ta te s , "Their fu n ctio n was to respond to th e m anipulation of th e s tr in g s in London,, == They were very u se fu l serv an ts $ i f only 1 because they were men of l i t t l e consequence," I t was c e rta in th a t Prime M inister Lord L iverpool, Foreign M inister G astlereagh, and C olonial S ecretary B athurst were to make a l l of the im portant d e cisio n s. "Since i t [th e B r itis h commission had no power of i n i t i a t i v e , i t 2 r e fe rre d alm ost everything to su p erio rs in London.” The f i r s t meeting began on Monday, August 8, 1814, a t a n e u tra l h o te l suggested by the B r itis h d e le g atio n . were seated in one room a t one ta b le . At l a s t these men Admiral Gambler opened the d iscu ssio n s fo r th e B r itis h and Adams follow ed f o r the Americans. Gambler then motioned fo r Goulburn, a member of Parliam ent and Under S ecretary f o r Mar and th e C olonies, to take over. I t f e l l to Goulburn to rea d th e p o in ts of in s tru c tio n from the B r itis h government. F irs t, he s ta te d th a t they would d isc u ss fo rc ib le seizu re of American seamen or impressment i f the Americans wanted to , b u t d iscussing i t would be as f a r as they were allowed to go. Second, the B r itis h would req u ire some re v isio n of th e Canadian boundary. Third, B rita in would not 1. George Danger f i e l d , The Bra of Good F eelin g s. Mew York, Bar c o u rt. Brace and Company, 1952, pTT>4, H ereafter c ite d as D angerfield. 2. Alexander DeConde, A H istory of American Foreign P o licy . Mew York, Charles S c rib n e r’s Sons, 1963, p . 109. H ereafter c ite d as DeConde. 28 extend th e p riv ile g e of allowing Americans to dry f i s h on th e Canadian c o a sts. Fourth, any t r e a ty would have to provide terms of peace and s a tis f a c to r y boundaries fo r the Indian a l l i e s of B rita in , F in a lly Goulburh announced " th a t h is government would make no peace t h a t did n o t include th e Indians and give them s e c u rity by marking o ff th e ir t e r r i t o r y ’as a permanent b a r r ie r between the dominions of Great B rita in and th e United S t a t e s ,, , 1 and th a t th e p riv ile g e of fis h in g and drying w ith in B r itis h ju r is d ic tio n would n o t be renewed g r a tu ito u s ly ," At f i r s t th e re was s ile n c e . Then Bayard asked whether the proposed Indian boundaries meant a c q u is itio n of American t e r r i t o r y by Great B rita in , But the American peace commissioners were on strong ground so long as they could t i e in th e Indian question w ith the t e r r i t o r i a l question by arguing t h a t the sin e qua non involved a c essio n of American s o i l , ’’Their strong n o tes of p r o te s t, which were promptly p rin te d , appealed both to n a tio n a l p rid e and to th e buoyant 2 expansionism of the day, ” Goulburn re p lie d in th e n eg ativ e. Then Goulburn asked whether the Americans had receiv ed in s tru c tio n s on any o f th ese item s. The Americans gave no answer, John Quincy Adams 1, 8, M. Gates, "The Peace N egotiations between G reat B rita in and th e United S ta te s , 1812-1814, ’’ an unpublished th e s is deposited in th e Graduate School of the U niversity o f Minnesota, 1934, p. 393, as quoted in B urt, p. 352. 2. Charles M. G ates, "The West in American Diplomacy, 1812-1815," The M ississip p i Valley H is to ric a l Review, Volume XXVI, Mo. 4 , March, 1946, p. 596. 29 r e ite r a te d th e in s tru c tio n s read by Goulburn and sa id t h a t the Americans had to confer before they could give an answer,, He d id ask i f the B r itis h d esired to d iscu ss impressment; a l l of the B r itis h d elegates echoed a n egative answer= The tone o f th e B r itis h in s tru c tio n s was very s h a r p ., They contained, however, no sp e c ific proposals, on any of th e p o in ts enumerated. On two of th e B r itis h p o in ts , however, Indians p a c ific a tio n and boundaries, and f is h e r ie s , th e Americans had no in s tru c tio n s whatever. On the other two p o in ts , impressment and boundary re v is io n s , moreover, th e Americans and th e B ritis h obviously were f a r a p a rt. The re a c tio n of th e d eleg atio n on hearing th e in s tru c tio n s of th e ir B r itis h c o u n terp arts was one of dismay. "Their term s," Bayard 1 complained, "were those o f a Conqueror to a conquered P eople." le t, those terms appeared to r e f l e c t dominant opinion in B rita in . When th e n e g o tia to rs had prepared to leave f o r Ghent, fo r example, The London Times o ffere d i t s advice. "Our demands may be couched in a sin g le w ord,11 i t sa id , ^Submission!*8 On A p ril 4 th e Americans had received th e ir f i n a l in s tru c tio n s from S ecretary of S ta te James Monroe. "D efin itio n s of n e u tra l r ig h ts and blockade, indem nities fo r 1. DeConde, p. 110, 2. The London Times, as quoted in DeConde, p. 110. s p o lia tio n s £, p ro h ib itio n of B r itis h tra d e w ith the In d ian s, and freedom 1 of United S ta te s operations o f th e Great Lakes -»*. a U must be pursued®81 Above a l l th e S ecre tary of S ta te in s is te d t h a t some se ttlem e n t was to be worked out concerning t h a t e v il — impressment. impressment was to be the primary g oal. The a b o litio n of "This p ra c tic e being e s s e n tia lly a cause o f war and the primary o b je c t of your n e g o tia tio n ," Monroe in d ic a te d , "a tr e a ty o f peace leaving i t in s ile n c e , and tru s tin g to a mere understanding lia b le to doubts and d if f e r e n t explanations, would n o t be th a t s e c u rity which th e U nited S ta te s have a r i g h t to 2 e x p e c t." A fter the Americans had p aid a courtesy c a l l to th e B r itis h on the afternoon of August 8, and a f t e r d inner, a c o u rie r entered w ith d isp atch es from. Monroe which showed a major p o lic y change. Da h is l e t t e r of June 25 Monroe had sa id t h a t the commissioners could suggest th a t th ere be an a r t i c l e in the tr e a ty re fe rr in g both impressment and commercial r e la tio n s to a sep arate n e g o tia tio n . On June 27 Monroe wrote th a t i f i t was necessary to secure peace, a l l mention o f impressment might be om itted from the tr e a ty . The Americans’ o rig in a l in s tru c tio n s had in s is te d th a t, i f they could 1. As quoted in Engelman, The Peace of Christmas Eve, New York, H arcourt, Brace and World, I n c ., 1962, p. 13^. H ereafter c ite d as Engelman. 2. Monroe to G a lla tin , Adams, and Bayard, A p ril 15, 1813, In s tru c tio n s , Volume V II, quoted in P erkins, p. 53= 31 n o t procure the a b o litio n of Impressment, " a l l fu rth e r n e g o tiatio n s 1 w i l l cease9 and you w ill re tu rn home w ithout delay„11 The commissioners were to ld by Monroe in two subsequent l e t t e r s to remain firm b u t to use t h e i r own d is c re tio n in pushing th e American stand on impressment. Each commissioner, n e v e rth e le ss, firm ly b e liev ed th a t the su b je c t of impressment had to be pushed, because t h i s , in t h e i r eyes, was one of th e p rin c ip a l causes of the war, G a lla tin abandoned hope fo r peace a f t e r the reading of the B r itis h note of August 8, On the tw e n tie th of the same month he wrote to George D a lla s: Our n e g o tiatio n s may be considered as a t an end. Some o f f i c i a l n otes may y e t p a ss, b u t the n atu re of th e demands of th e B r itis h , made a ls o as a prelim inary ’sin e qua non,.e to be adm itted as b a s is before a d isc u ssio n , i s such th a t th e re can be no doubt of a speedy ru p tu re of our conferences, and t h a t we w i l l have no peace. G reat B rita in wants war in order to c rip p le us? she wants aggrandizement a t our expense? she may have u l t e r i o r objects? no resource l e f t b u t in union and vigorous prosecution of the war, 'When her terms are known i t appears to me im possible t h a t a l l America should n o t u n ite in defence o f her r i g h ts , of her t e r r i t o r y , I may say of her independence, I do n o t expect to be longer th an th re e weeks in Europe, On Tuesday morning, August 9, the two groups met again, John Quincy Adams informed th e B r itis h t h a t the Americans had in s tru c tio n s on impressment and n a tio n a l boundaries, b u t non® on the f is h e r ie s or on Indian peace or Indian boundaries, 1, American S ta te Papers: pp. 701-702. Adams continued, under B ritis h Foreign R e la tio n s, Volume I I I , 2. Henry Adams, The L ife of A lb ert G a lla tin , Hew York, P eter Smith, 1943, p. 52^o H ereafter quoted as Adams, The L ife of A lb ert G a lla tin , ' ’™ 32 p r o te s t, to r e c i te the American points® The f i r s t American objectiveg he sa id , was to achieve a d e fin itio n of blockade and another s a tis fa c to ry d e fin itio n of o th er n e u tra l and b e llig e r e n t rights® A lso, th e Americans would submit " c e rta in claim s of indemnity to in d iv id u a ls f o r captures and 1 se izu re s preceding and subsequent to th e war®" These were th e p rin c ip a l American demands, a c tu a lly inadequate re d re ss fo r th e many grievances th e Americans had su ffe red a t th e hands of the B ritis h . Adams in d ic a te d th a t o th er p o in ts would be r a is e d a f t e r peace had been n e g o tiate d . He sa id these o th er p o in ts had been l e f t out of th e American in s tru c tio n s to help f a c i l i t a t e peace. But t h i s fooled no one. The i n i t i a t i v e was c le a r ly held by th e B ritis h . A debate began, a f t e r John Quincy Adams had completed h is speech, over th e v a lid ity of B r ita in 's in te r je c tin g th e Indians and f is h e r ie s in to th e n e g o tia tio n . Due to the sh o rt d istan c e between th e B r itis h d elegates and t h e i r government le a d e rs th e American Adams suggested th a t the B r itis h ask th e ir government to modify i t s in te re s te d . stand. But th e B r itis h were not G a lla tin then began a long defense of h is c o u n try 's treatm ent of th e Indians. Two days l a t e r , on August 11, Henry Clay was to w rite to h is f rie n d , W illiam H= Crawford: The B r itis h Commissioners are in s tru c te d to i n s i s t upon as a sin e qua non to th e conclusion of any tr e a ty of peace t h a t the p a c ific a tio n s h a ll include th e Indian a l l i e s of Great B ritain? and th a t an Indian boundary s h a ll be fix e d by th e t r e a t y . . , to c re a te a b a r r i e r . . . . In which n e ith e r th e U. S. or G. B. are to be a t l ib e r ty to purchase from th e Indians. 1. Kevins, p. 123. 2. James F. Hopkins, e d ito r. The Papers of Henry Clay, Lexington, Kentucky, U niversity o f Kentucky Pres s7 ^9W IvoIum e I , p. 960. H ereafter c ite d as Hopkins. Goulburn had sa id t h a t th e Indian t e r r i t o r y was meant to be a b a r r ie r , a b u ffe r between th e U nited S ta te s and Canada. To t h i s , f i n a l ly , the Americans r e p lie d t h a t they would n o t be ab le to reach a p ro v isio n a l agreement on th e Indian q u estio n . T herefore, a suspension of the conference was agreed upon so the B r itis h could c o n su lt London. Before concluding t h is meeting a f i n a l sessio n was c a lle d fo r the next day to draw up a p ro to co l of th e f i r s t two m eetings. Discussion and arguments follow ed on August 10 as the two commissions read th e i r v ersio n of a p ro to c o l. F in a lly th e two proposed v ersio n s were s e t tl e d and th e f i r s t round of Anglo-American n e g o tiatio n s had come to an end. James G a lla tin , se c re ta ry to h is f a th e r , wrote in h is d iary on August 10 of d i f f i c u l t i e s w ith in th e American commissions "Father fin d s g re a t d if f ic u lt y w ith h is own colleagues. The accident which placed him a t the fo o t of th e Commission placed Mr. Adams a t the head of i t , Messrs. Clay, Bayard, and R u ssell l e t Mr, Adams p la in ly know th a t , though he might be the nominal mouthpiece, G a lla tin was I t h e i r le a d e r ." When th e dispatches from the commissioners a t Ghent were receiv ed in America during the f i r s t week of October, th e Cabinet was amazed a t the demands p u t forward by the B r itis h , P re sid e n t Madison wrote to Thomas Je fferso n on October 10: 1, James G a lla tin , A Great Peace Maker: The Diary of James G a lla tin , Hew Xork, Charles S c rib n e r1s Sons, 1914, p. 28% S ereafter c ite d as G a lla tin . Our m in iste rs were a l l p resen t g and in p e rfe c t harmony of opinion on th e arrogance of such demands = They would probably leave Ghent sh o rtly a f t e r the s a ilin g of th e v e sse l j u s t a rriv e d . Nothing can prevent i t . . . though i t might be somewhat favored by an indignant ru p tu re of the n e g o tia tio n , as w e ll as by the in te llig e n c e from t h i s Country and th e ferm entations taking place in Europeo1 Adams wrote to Monroe on August 1 7 s MSo f a r as the in te n tio n s of the B r itis h government can be c o lle c te d from the newspapers i t would appear 2 th a t they c a lc u la te upon an immediate ru p tu re of t h is n e g o tia tio n .81 The follow ing was p rin te d on October 28, 1814 in the D aily N ational I n te llig e n c e r : " I t i s im possible th a t any American can l i s t e n to such terms w ithout in d ig n a tio n .«,=. These a re demands, attem p ts, or p rete n sio n s, which U nited America w i l l never submit to , b u t w ith the lo s s of her freedom ." There were comments p rin te d in N ile s 1 Weekly R eg ister of October 15» 1814, about the demands t h a t the Americans were asked to submit to in the f i r s t B r itis h n o te : "On the documents in se rte d in t h is number i t i s superfluous to remark, except they have ex cited an u n iv e rsa l b u rs t of in d ig n atio n , and an unanimous determ ination to re p e l, to th e l a s t extrem ity, the outrageous p reten sio n s of the enemy. are such as America w i l l never submit to . They Such as none b u t a slave would accede t o . " But i t seems th a t in N ile s ' Weekly R eg ister of October 20 th ere i s a d if f e r e n t p le a : "However strange i t may appear, w rite rs in th e Boston newspapers are lab o rin g "with might and main8 to show th a t we may subscribe to the B r itis h conditions w ithout s a c rific in g 1= L e tte rs and other W ritings of James Madison. P h ilad elp h ia, Jo B. L ip p in eo tt and Company, 1865, Volume I I , p . 589. 2. W orthington Ohauncey Ford, e d ito r , W ritings of John Quincy Adams, New York, The Macmillan Company, 1915, Volume V, p . 87. H ereafter c ite d as Ford. our honor ~= and in s is tin g th a t we ought to do i t . " Peace c e r t a i n ^ was th e cry of th e n o rth e a ste rn F e d e ra lis ts . Although th e Americans had had two meetings w ith th e envoys from England9 th e demands of the B r itis h government had been too ambiguous f o r the Americans to le a rn a ry th in g . I t seemed th a t th e B r itis h commissioners were not t o t a l l y informed as to how t h e i r superiors f e l t on a l l m atters, low again i t was a m atter of w aiting. At t h is time i t f e l l to John Quincy Adams to prepare an account of th e i n i t i a l proceedings f o r S ecretary of S ta te Monroe. AH of th e commissioners read i t , made th e i r own c o rre c tio n s, and then a compromise d r a f t was reached on th e paper f i n a l ly se n t to Monroe. The American commissioners wrote to S ecretary of S ta te Monroe on August 12 s "We would say t h a t i t could n o t be doubted th a t peace w ith th e Indians would c e r ta in ly follow a peace w ith Great B r i t a i n ... a n d ... having no i n te r e s t nor any motive to continue a sep arate war a g a in st th e In d ian s, th e re could never be a moment when our government would n o t be disposed to make peace w ith 1 them .. . The accounts of the f i r s t meetings between the Americans and th e B r itis h peace commissioners reached London a t th e end of the second week in August. Foreign S ecretary C astlereagh was preparing to leave fo r th e co n tin en t of Europe and th e Congress of Vienna. When Lord C astlereagh and h is a d v isers receiv ed these accounts, the American problem was no t 1. B a r tle tt, pp. 148=149, uppermost in th e i r minds; thus* the in s tru c tio n s se n t to th e B r itis h commissioners were completed in h a ste , And as a bonus Lord C astlereagh decided to d e liv e r the new in s tru c tio n s in person * which he did on the n ig h t of August 18, At th ree p,m, on August 19 th e two groups met once again. A fter b r i e f g ree tin g s Goulburn began to rea d th e new in s tru c tio n s from C astlereagh, F irst* th e B r itis h government was "surprised" t h a t the American commissioners had n o t been in s tru c te d on the su b je ct "of an In dian p a cific a tio n * and boundary* as i t might n a tu ra lly have been expected th a t G reat B rita in could n o t consent to make a peace and 1 leave her a l l i e s a t th e mercy of a more powerful enemy," The l e a s t th a t would be expected of th e Americans was to agree to some type of a p ro v isio n a l a r t i c l e about the Indian t e r r i t o r y . I f the Americans would not do t h i s , then th e n e g o tiatio n s would n o t continue. I f the U nited S ta te s d id l a t e r r e j e c t such an a r t i c l e a l l other tr e a ty agreements would be n u l li f i e d . Again Goulburn s ta te d t h a t th e Indians must be included in th e tr e a ty . The Indians were to be p ro te c te d by t h i s permanent b u ffe r s ta te between the United S ta te s and Canada, Goulburn d id s ta te th a t h is government would accept* w ith some changes* the Treaty of G reenville of 1795» 2 Maybe Goulburn had fo rg o tte n t h a t t h is t r e a ty had been can celled by other agreements more favorable to th e U nited S ta te s , 1, Kevins, p» 126, 2, Hopkins* p, 969, Sec©udB Goulburn began to rea d about th e adjustm ent of the boundary between Canada and th e U nited States. Great B rita in would be able to use the Great lak e s fo r exclusive m ilita ry occupation. I t was req u ire d by G reat B rita in th a t the U nited S ta te s would s tip u la te to have no naval fo rce on th e Lakes,, from O ntario to Superior; and to b u ild no f o r t s in th e f u tu r e , nor to preserve those already b u i l t upon i t h e i r shores. However„ th e Americans would be allowed to continue ■ commercial n avigation on th ese bodies of w ater. Third, Goulburn continued w ith the statem ent t h a t i t would be necessary to make a change in the boundary lin e from Lake Superior to th e M ississip p i R iver. Great B rita in must be able to navigate th e M ississip p i R iver, as the Treaty of 1783 s tip u la te d . P a rt of Maine would have to be ceded to England so t h a t she would have a d ir e c t B m ilita ry road from H alifax to Quebec. A sh o rt d iscu ssio n follow ed f o r purposes of c la r if ic a tio n . G a lla tin asked what would happen to a l l th e w hite s e t t l e r s in th is b u ffe r a re a. Then a note was sent by the American commissioners to S ecretary of S ta te Monroe about th e meeting of August 19 s ta tin g th a t th e B r itis h had sa id th a t n e ith e r th e United S ta te s nor Great B rita in should ever h e re a fte r have th e r ig h t to purchase or acquire any p a r t of th e t e r r i t o r y thus recognised as belonging to th e In d ia n s .. . , And asked what was the in te n tio n o f th e B ritis h Government resp ec tin g th e c itiz e n s in t h is a r e a ... b u t t h a t such of the in h a b ita n ts as would u ltim a te ly be included w ith in th e Indian t e r r i t o r y must make t h e i r own arrangem ents, and provide fo r them selves.^ 1. Bevins, p. 12?. 2. 3° Hopkins, p. 969. -American S ta te P ap ers: Foreign R e la tio n s, Volume I I I , p. Goulburn sa id th a t maybe t h is gave the Americans a reason to ask f o r m odifications on t h i s p o in t. At t h i s time John Quincy Adams asked f o r a "written statem ent of th e B r itis h demands, and to t h i s th e B r itis h decided to comply. The B r itis h f e l t e la te d over th e meeting of August 19, They b eliev ed th a t some progress had been made fo r th e B r itis h cause. However, th e Americans l e f t the meeting in a depressed s t a te . N either in th e conference of th a t day nor in th e ir w ritte n statem ent had th e B r itis h commissioners mentioned any o f th e American p o in ts . Foreign M inister C astlereagh had f e l t th a t the Americans knew how England stood on the f is h e r ie s and impressment, so th e re was no need in mentioning e ith e r . As to claim s of indem nities by the Americans, C astlereagh was d e fin ite ly opposed; so, t h is m atter was l e f t unmentioned, Adams wrote th e re p o rt to James Monroe w ith no d i f f ic u lt y . It was th e answer to the B r itis h t h a t caused much debate among the American d e le g ates. I t was on August 25 t h a t th e American commissioners answered th e s e t o f in s tru c tio n s t h a t had been given to them by the B ritis h , There was an emphatic "no" to making a te n ta tiv e agreement on the Indian proposal, "To surrender both the r ig h ts of so v ereig n ity and of s o i l over n e arly one=third of the t e r r i t o r i a l dominions of the United S ta te s to a number of Indians, n o t probably exceeding twenty thousand, th e undersigned are so f a r from being in s tru c te d or auth o rized th a t they assu re th e B r itis h p le n ip o te n tia rie s t h a t any arrangement f o r th a t 1 purpose would be in stan tan eo u sly re je c te d by t h e i r governm ent," As 1, Charles F rancis Adams, e d ito r. Memoirs o f John Quincy Adams, comprising p o rtio n s of h is M ary from 1795=1848, (12 volumes, 1874-1877), as quoted in B angerfield, p, .697 39 fo r th e boundary, th e B ritis h co n d itio n s on t h is p o in t s e re n o t founded on u t i p o s s id e tis or s ta tu s quo ante bellum . The B r itis h proposals would dismember th e American Republic, a r r e s t i t s n a tu ra l growth, expose i t s n o rthern and w estern f r o n t ie r to B r itis h invasion and Indian aggression, deprive i t s people of n a tu ra l r ig h ts on t h e i r own shores and w aters, and admit fo re ig n in te rfe re n c e in t h e i r domestic concerns, "A, tr e a ty concluded on such terms would be b u t an a rm is tic e ,n |jEt could n o tj " , , , be supposed t h a t America would long submit to conditions so in ju rio u s and d eg rad in g ," jjor would h e s ita te J a t th e f i r s t favorable opportunity, to re c u r to arms f o r the recovery of her 1 t e r r i to r y , of. her r ig h ts , o f her h o n o r," I f t h is were n o t the ease, new causes f o r war would appear and a c tu a lly nothing would be solved, low, the B r itis h commissioners se n t t h e i r answer p lu s the American note of August 25 to London fo r Liverpool and B ath u rst and a lso se n t G astlereagh in B aris a copy of th e American n o te. The B r itis h commissioners urged a term in atio n of th e n e g o tia tio n s because the Americans were adamant in t h e i r demands, G astlereagh a t t h i s time was _ deeply involved i n European n egotiations? th u s, he d id n o t a tte m p t.to d r a f t a re p ly to the Americans. He d id suggest to th e remainder of the B r itis h c ab in et, however, th a t the Indian proposal should be reconsidered. He f e l t th a t "the substance of the problem facing the B r itis h government was whether i t wished to continue the war to gain • 3-° American S ta te P apers: P» 356. Foreign R e la tio n s. Volume I I I , t e r r i t o r i a l adjustm ents or make peace soon ’saving a l l our r ig h ts and 1 re ta in in g th e f is h e r ie s 3 which they do n o t appear to questio n . B ath u rst, concerned about what th e th re e commissioners might say to th e Americans, wrote a h asty note to them in s tru c tin g them "to 2 suspend a l l fu rth e r proceedings u n t i l you hear from u s . 11 C astlereag h ’s l e t t e r of suggestion a rriv e d i n London. The next day G astlereagh to ld Lord L iverpool on August 28 th a t the whole t e r r i t o r i a l question was one 3 o f expediency, n o t to be in s is te d upon a tth e p o in t of a ru p tu re . L iverpool was most unhappy w ith th e American n o te. wrote to the Duke of W ellington on September 2: The Prime M inister "The American note i s a most impudent one, and, as to a l l i t s reasoning, capable of an ir r e s i s ta b le answer , which, i f i t should be necessary to p u b lish , w i l l, I am persuaded, have i t s proper e f f e c t in America. L iverpool b eliev ed th a t a few changes, leaving b a s ic a lly the same B r itis h demands should once more be presented to th e American commissioners. So as a r e s u l t of th e e f f o r ts o f L iverpool, G astlereagh, Cooke of th e B r itis h Foreign O ffice, and Henry B a th u rst, a l e t t e r was composed th a t was to be se n t to the American commissioners. The B ritis h commissioners could rephrase i t so long as they l e f t th e b a sic demands i n ta c t . 1. C harles W illiam Vane, e d ito r , Correspondence, Despatches. and Other Papers o f Viscount G astlereagh, London. John Murray, Albemarle S tr e e t, 1853, Volume X, pp. 101-102. 2. As( quoted in Ingelman, p . 176. 3. W ellington, Supplemental Despatches. Volume IX, pp. 192-193, as quoted in Bangerfield., p. 687* 4. W ellington, Supplemental Despatches. Volume IX, p. 212, as quoted in Ford, p. 102. 41 About t h i s time th ere oeeurred a m ilita ry d is a s te r of the f i r s t w ater fo r th e American cause« I t was August 24 th a t th e B r itis h had swept in to Washington and burned a l l p u b lic b u ild in g s = On September 1, I8l4„ James Madison issu e d a proclam ation in referen ce to t h i s calam itous events Whereas th e enemy by a sadden in c u rsio n have succeeded in invading th e c a p ita l of th e n a tio n .. . they wantonly destroyed the p u b lic e d if ic e s , having no r e la tio n in th e ir stru c tu re to operations of w a r.. . and whereas i t now a p p e a rs ,.« to be h is avowed purpose to employ the fo rce under h is d ire c tio n in destroying and laying waste such towns and d i s t r i c t s upon the co ast as may be found a s s a i la b le .. . and t h a t th e United S ta te s have been as co n stan t in t h e i r endeavors to reclaim th e eneny from such outrages by the c o n tra s t of th e i r own example as they have been ready to term inate on reasonable conditions the war i t s e l f . . . do issu e t h is my proclam ation, exhorting a l l th e good people th e re o f to u n ite th e ir h e a rts and hands in giving e f f e c t to th e ample means possessed fo r th a t purpose.* While aw aiting an answer to th e ir note of August 25 th e American commissioners a t Ghent had an opportunity to t a l k inform ally w ith the B r itis h d e le g ates. John Quincy Adams ta lk e d w ith Mr. Goulburn on September 1 and in d ic a te d the su b je ct of h is conversation when w ritin g to Monroe four days l a t e r : 1, James D. Richardson, A Compilation of th e Messages and Papers of th e P re s id e n ts : 1789-18977"Washington, Government P rin tin g O ffice, 189^7 Volume I , ppT 545=546. I 42 The s tra n g e s t fe a tu re in the gen eral complexion of h is discourse was the in f le x ib le adherence to th e proposed Indian boundary l in e . But the p re te x t upon which t h i s p ro p o sitio n had in the f i r s t in stan ce been placed, th e p a c ific a tio n w ith th e Indians and th e i r fu tu re s e c u rity was alm ost abandoned — avowed to be a secondary and very subordinate o b je c t. The s e c u rity of Canada was now s u b s titu te d as the prominent m otive. =«. This was no o ther than a profound and ran k lin g jealousy a t th e ra p id in crease of population and of settlem e n ts in th e United S ta te s , an impotent longing to thw art t h e i r progress and to s tu n t th e ir growth. With t h i s temper p re v a ilin g in th e B r itis h c o u n cils, i t i s n o t in the hour of th e ir success th a t we can expect to o b tain a peace upon term s of equal ju s tic e or o f re c ip ro c ity , The note from London was f i n a l ly d e liv e re d to th e American commissioners on September jSs i t d id n o t d i f f e r g re a tly from the B r itis h note of August 20, ex p an sio n ist tendencies t The note spoke again of American " I f th e p o lic y o f th e United S ta te s had been e s s e n tia lly p a c if ic , as th e American p le n ip o te n tia rie s a s s e r t i t ought to b e .. , i t might n o t have been necessary to propose the p recautionary p ro v isio n s now under d is c u s s io n ," b u t th e American government has been influenced by a very d if f e r e n t p o lic y , by a s p i r i t of aggrandizement n o t necessary to t h e i r own s e c u rity , b u t in creasin g w ith the e x te n t of t h e i r empire, had been too c le a rly m anifested by t h e i r p rogressive occupation of th e Indian t e r r i t o r i e s , by the a c q u is itio n of L ouisiana, by th e more re c e n t attem pt to w rest by fo rc e of arms from a n a tio n in amity th e two F lo rid a s , and, l a s t l y , by th e avowed in te n tio n of permanently annexing the Canadas t o the U nited S ta te s , 1. Ford, pp. 119-120. 2, . American S ta te P apers: P. 713. Foreign R e la tio n s, Volume I I I , AlsOp th e n o te c o n tim ed by rep eatin g a l l of th e former B r itis h demands fo r u n i la t e r a l American disarmament of th e G reat la k e s t changes in th e Maine boundary; and fo r settlem en t o f th e northw estern boundary« This B r itis h note again spoke of th e Indian boundary? however9 i t showed th e 1 f i r s t sig n s of B r itis h y ie ld in g on t h is demand. The American commissioners were angered g re a tly a t the B ritis h n o te. They regarded th e B r itis h terms as completely unacceptable. Clay observed th a t a half«=page r e je c tio n of th e note would be s u f f ic ie n t, G a lla tin and Adams, on th e o th er hand, f e l t i t deserved a lengthy re p ly , and f i n a l ly a l l of th e commissioners agreed. This American answer took each p o in t th a t the B r itis h had made and discussed it. The Americans sa id th e B r itis h had discussed a l l th e issu e s except th e r e a l ones fo r which, th e two c o u n tries were fig h tin g . Therefore, th e Americans made i t c le a r t h a t these B r itis h conditions could form no b a s is fo r peace. I t was September 9 when the Americans had fin is h e d th e ir answer, and i t was tra n sm itte d to the B r itis h commissioners. On t h is very same day C astlereagh was w ritin g to Liverpool from Munich, expressing h is disapproval of the stand Great B rita in had taken, C astlereagh and Liverpool both knew th a t popular opinion in B rita in ' > favored th e term ination of the American war, B athurst wanted to s tic k w ith the B r itis h Indian, p o lic y , Liverpool agreed t h a t i t was n ecessary to include th e Indians in th e peace, b u t n o t as a sine 1, American S ta te P ap ers: Foreign R elatio n s, Volume I I I , p. 713, qua non. The B r itis h were now planning "to ask fo r more than they expected to g e t and fo rc e the Americans to s a c r if ic e something to 1 reduce th e t o t a l p e n a lty .11 Said Liverpool $ We might thus be n a tu ra lly brought by degrees to our ultimatum, and during the time occupied by the d iscu ssio n we might hear what had been the progress of our arms, I confess I cannot b e liev e th a t w ith th e pro sp ect of bankruptcy b efore them, the American government would n o t wish to make peace, i f they can make i t upon terms which would n o t give a triumph of th e ir enem ies,^ Before the Cabinet had receiv ed the American note of September 9 from the Americans, B athurst had w ritte n to the B r itis h commissioners informing them of the C abinet’s c u rre n t p o s itio n in reg ard to the n e g o tia tio n s. When Liverpool receiv ed the American answer of September 9, h is re a c tio n was very p e ssim is tic . He f i r s t thought of breaking o ff the n e g o tia tio n s; then he decided th a t th e Americans had the b e tte r argument and the more popular one. I f th e n e g o tia tio n s ceased over the Indian p ro p o sitio n , B rita in would fo rev e r a f t e r be stuck w ith i t and unable to r e t r e a t from i t . Slowly perhaps, b u t su re ly th en , the Indian demand would have to be w h ittle d down, and the Lakes p ro p o sitio n would have to be abandoned as such and merged in to the la rg e r question of th e readjustm ent of th e Canadian boundary,*^ On September 16 the th ir d s e t of in s tru c tio n s of th e B ritis h government was se n t to th e B r itis h commissioners. I t a c tu a lly contained few changes on th e Indian policy; although i t looked l i t t l e 1. As quoted in Ehgelman, p. 181, 2, As quoted in Engelman, p . 181, 3» Engelman, p. 184. d if f e r e n t in form, the Indian b u ffe r s ta te as o rig in a lly proposed m s doomed. This B r itis h note d id not mention c o n tro l of th e la k e s except to say th a t th e Lakes q u e stio n would be a p a rt of th e Canadian boundary . readjustm ent. Again the Americans were accused of being expansionists in a harangue which included a statem ent about Generals W illiam Hull and Alexander Smyths who had a lle g e d ly sa id th a t th e Americans planned to capture Canada. On September 19 the B r itis h d e leg atio n se n t th e i r t h ir d note to t h e i r American co u n te rp arts. At t h is time the American group was wondering what la y in the fu tu re fo r them. I t seemed t h a t the n e g o tia tio n s were n o t proceeding as s a t is f a c to r i l y as they should have been. I t was in t h is frame of mind th a t the Americans receiv ed on September 19 the th ir d B r itis h n o te. They observed th a t the G reat Lakes demand had been dropped from the n o te, and th a t the Indian demand a lso had been changed, b u t n o t dropped. John Quincy Adams f e l t “the B r itis h note was over- bearing and in s u ltin g i n i t s t o n e ... b u t i t abandons a g re a t p a r t of th e 1 sin e qua non! " I t seemed to Adams t h a t G a lla tin and Bayard were ready to accept t h i s m odified B ritis h proposal. And " th e n ," sa id Adams heated ly , " is i t a good p o in t to admit the B ritis h as the sovereigns 2 and p ro te c to rs of our Indians?" Adams had made h is p o in t, and th e o th er two men y ield ed . A fter much d iscu ssio n and debate among the 1. le v in s , p. 134. 2. Kevins, p. 135® , Americans they voted unanimously a g a in st accepting th e B r itis h proposals, Adams, w ritin g to h is w ife, Louisa C atherine, on September 2? to ld her about th e Americans working to g eth er to compose a re p ly to the B ritis h n o te. He to ld her th a t each p a rt was d iscussed, re v ise d , re je c te d , amended and then accepted. Also he re p o rte d th e e a r l i e r d r a f ts of previous n o tes had been w ritte n by G a lla tin and him self. He continued: "In t h is process about seven-eights of what I w rite , and one-half of what Mr, G a lla tin w rite s i s stru c k out. The reason of th e d ifferen c e i s th a t h is composition i s argum entative, and mine i s declam atory. He i s always p e rfe c tly cool, and 1, in the judgement of my colleagues, 1 am o ften more than tem perately warm,H The Americans agreed to accept Adam’s suggestion th a t an Indian amnesty rep la ce th e B r itis h proposal. Besides the d i f f i c u l t i e s between th e American and B r itis h commissioners, the Americans had problems among them selves, Adams was deeply wounded by th e many changes which h is colleagues made in h is d r a f ts . On October 5 Adams wrote to W illiam Crawford in P a ris : " I b eliev e th e so le o b je c t of B rita in in p ro tra c tin g our sta y here i s to impose bo th upon America and upon Europe, while she may g lu t a l l her v in d ic tiv e p assio n s and bring us to term s of unco n d itio n al 2 su rre n d e r," Jonathan B u ssell b e liev ed th e commissioners did n o t 1, Ford, pp, 146-14?, 2, Ford, p, 152, consider, him of much worth so he moved out o f th e h o te l t h a t housed h is companions. D espite t h i s bick erin g the American answer was completed and se n t to the B r itis h , I t was apparent to the B r itis h when they receiv ed th e answer from th e Americans on September 26 th a t t h e i r minds had n o t been changed in th e l e a s t . F i r s t s th e American note s ta te d th a t th e m atters of L ouisiana and th e F lo rid as re fe r re d to in th e previous B r itis h note had nothing whatsoever to do w ith Great B rita in , .Second, the American commissioners suggested t h a t there, be a commission s e t up to s e t t l e the Maine boundary in ste a d of a c essio n as th e B r itis h proposed. Third, the Americans in s e rte d th a t Generals Hull and Smythe c e rta in ly were n o t members o f th e American government and t h a t th e ir statem ents could n o t be accounted fo r. Fourth, th e Americans s ta te d em phatically th a t they would n o t submit to any form of th e B r itis h demand f o r an Indian b u ffe r s ta te . The Americans in s e rte d th a t they wanted peace w ith the Indians, Goulburn, Br, Adams and Gambler, n o t knowing how t h e i r government would r e a c t to t h i s American note, forwarded i t to London, On September 29 George Boyd, b ro th e r-in -la w of John Quincy Adams, a rriv e d a t Ghent, Congress, He brought news th a t Henry Clay had been re -e le c te d to Also he brought "clippings from th e R ational I n te llig e n c e r, announcing a new ‘ft*eaty of G reenville and the s h i f t of a la rg e bloc of 2 Indian tr ib e s from the B r itis h to th e American cau se," Clay wanted a 1. Ingelman, p, 196, 2, The R ational In te llig e n c e r , Washington, as quoted in Bngelman, p , 196, . 48 copy of t h is newspaper- a r t i c l e se n t to London, and f i n a l ly a l l h is colleagues agreed upon t h i s , which was done on September 30, Washington had fa lle n ! October 1, This was The news had a rriv e d in Ghent on c e rta in ly heartbreaking news considered in conjunction w ith th e u n sa tis fa c to ry s ta te of th e n e g o tia tio n s. October 11 Mams wrote to h is w ife: On " I t appears, however, th a t the B r itis h m in iste rs have not shared in a l l th e delusions of t h e i r populace i n reg ard to th e i r l a t e achievement a t Washington, Here £ i n liurepel we have heard b u t one sentim ent expressed upon th e su b ject 1 th a t of u n q u a lifie d d e te s ta tio n ,” Clay wrote to Crawford on October 17 about th e s itu a tio n in America: " I w is h ,,, i t were p o ssib le to pass over in sile n c e and bury in o b liv io n , th e d is tre s s in g events which have occurred a t home. Bat i t would be in vain to attem pt to conceal th a t they have given me the deepest a f f l i c t i o n . The enemy, i t i s tr u e , has l o s t much in c h a ra c te r, a t l e a s t in the estim atio n of Z th e im p a rtia l w o rld ,” Rufus King, prominent F e d e ra lis t Senator from New York, declared in Congress a f te r th e a tta c k on Washington: "Altho th e D eclaration of war was unnecessary, and highly inexpedient, th e Manner in which i t has been prosecuted by the Enemy, and th e avowed 'Purpose of waste andD istru c tio n t h a t he proclaim s, have so changed the C haracter of the War, th a t i t has became the Duty of a l l to u n ite in the 1, Ford, pp, 156=157o 2, Hopkins, p, 988, adoption of vigorous measures to re p e l the Invaders of the Conntry» and 1 to p ro te c t i t s e s s e n tia l B ights and Honor,” And i t seemed th e B r itis h were delaying th e ir answer to t h e :American note. I t was Saturday, October 8, when th e American commissioners receiv ed th e fo u rth B r itis h note. I t began by s ta tin g th a t n e g o tia tio n s would only be continued i f th e Indian q u estio n was s e ttle d . This time the B r itis h declared t h a t the Indians must be re s to re d to a l l r ig h ts , p ossessions and p riv ile g e s which they enjoyed as of 1811, th r e a t o f an Indian b u ffe r s t a te . req u ired now. Gone was th e Only a peace w ith the Indians was In th e note B athurst s ta te d th a t Indian p a c if ic a tio n was a must; t h a t w ithout i t th e n e g o tia tio n s would be closed? The paper "berated th e Americans f o r a d isp la y of bad f a i t h and the p ra c tic e of 2 in te rn a tio n a l im m orality1' in re la tio n s h ip to her in te r e s ts in Louisiana and th e F lo rid a s, p a r t o f Maine. Then i t in d ic a te d th a t England wanted L ast i t denounced once again the proclam ations of Generals H ull and Smythe, John Quincy Adams wrote of t h i s n o te : "It i s by f a r th e most labored, the b e s t w ritte n , and th e most deserving of a complete and s o lid answer , of any one t h a t we have receiv ed from them ," 3 Each of th e Americans knew t h a t t h is note had to be accepted s u b s ta n tia lly because i t a rriv e d a f t e r th e news about Washington, An 1. Rufus King Papers, Memorandum o f October, 1814, Hew York H is to ric a l S ociety, quoted in P erkins, p, 96. 2. Engelman, p , 200, 3. As quoted in Engelman, p, 201, 50 a r t i c l e in th e London Times of October p rin te d in the Richmond Enquirer on December 22, re v e a ls the g en eral concensus in B rita in a t th is tim e, "There i s an opinion p r e tty g en erally p re v a le n t, b u t to which we cannot accede, t h a t the n e g o tia tio n s a t Ghent w ill soon lea d to peace. Those who in c lin e to th is id ea , apprehend t h a t the'American government are disposed to y ie ld to alm ost a l l th a t we demand,„, by the e v id en t n e c e ssity of re -e s ta b lis h in g th e ir fin an ces and commerce.11 Madison wrote to John Adams: "our enemy knowing t h a t he had peace in h is own hands, specu lates on the fo rtu n e of e v e n t s .,.. He can a t any moment, as he supposed, come to our te rm s .., or h is demands may be 1 In s is te d on, or even extended." The problem fo r the commissioners was how to accept th e B r itis h proposals, undertook to d r a f t a re p ly . Adams and G a lla tin b oth On Saturday, October 12, th e group met to decide which d r a f t to accept, l e i t h e r proved s a tis fa c to r y . decided to take both d r a f ts and blend them in to h is own d r a f t, Olay Olay’s note was accepted on th e follow ing aftern o o n , although Adams d is lik e d i t , fe e lin g that "the tone of a l l B r itis h n o tes was a rro g a n t, overbearing, and o ffen siv e. The tone of ours i s n e ith e r so bold nor so s p ir ite d as I th in k i t should be. I t i s too much on the d e fe n siv e ." 2 C lay 's note sa id f i r s t , t h a t in reg ard to statem ents concerning American 1, Irv in g B rant, James Madison: Commander in C hief, 1812-1836, In d ian ap o lis and New York, The B obbs-M errill Company, I n c ,, 1961, p," 353, 2, Mevins, p. 138, am bitions to acquire Canadian t e r r i t o r y th e B r itis h were under an erroneous im pression and th a t a iy statem ents about t h is were purely explanatoryo the Americans9 Clay continued, did n o t understand why th e B r itis h chose to q u estio n the v a lid ity of th e L ouisiana Purchase now and n o t a t th e time of the purchase» The American note made l ig h t of th e statem ents of Generals H ull and Smythe. Again th e United S t a te s ’ commissioners could not agree to th e B r itis h proposals fo r an Indian settlem ent* The Americans d id concede t h a t th e l a s t B r itis h proposal w ith reg ard to the Indians was so sim ila r to th e rep eated suggestions of th e m in iste rs o f th e United S ta te s t h a t the B ritis h commissioners could "agree to admit i t in substance as a p ro v isio n a l a r t i c l e , su b je c t, in the manner o rig in a lly proposed by th e B r itis h Government, to the approbation or r e je c tio n of th e Government of the 1 United S ta te s * * .," The Americans now suggested th a t the B r itis h tu rn to those p o in ts on which they should be n e g o tia tin g in th e f i r s t p lace. This note was d eliv ered to th e B r itis h on October 14, At the same tim e, d e lib e ra te ly , the B r itis h commissioners sen t the American d eleg ates newspaper accounts of B r itis h v ic to r ie s in the f i e l d of North America, This included an account of B r itis h seizu re of towns in th e .Passamaquoddy Isla n d s, th e d e stru c tio n of th e United S ta te s f r ig a te Adams, and th e re p u lse of an American a tta c k on M iehilimackinac, I t seemed t h a t an unhappy w inter la y in sto re fo r the f iv e Americans, 1, Hopkins, p, 985= CH&pm 3 MSGOTIA.TIONS„ SECOND PHASE: . OCTOBER 15 - DECEMBER 24 I t was f a l l of the y ear by now and w ith t h i s new season had come some m ilita ry setbacks fo r th e B r itis h in North Americao The lo s s of th e B r itis h f l e e t a t Plattsburgh^ lew York, on September 11 d e fla te d B r itis h hopes fo r a m ilita r y v ic to ry over th e U nited S ta te s considerably. When news of t h i s a rriv e d in London i t was alm ost u nbelievable to the C abinet, B a th u rs t’s f i r s t thoughts were th a t the American commissioners had a t l e a s t agreed in substance to th e ir Indian proposal. Now B athurst b eliev ed i t was e s s e n tia l th a t the Americans accept the p rin c ip le of u t i p o s s id e tis . They must accept t h is p rin c ip le before t e r r i t o r i a l claim s could be presented. Obviously th e acceptance of th is p rin c ip le by th e United S ta te s would have been a v i r tu a l admission of d e fe a t. Cabinet had in mind included: The t e r r i t o r y th a t B athurst and th e a new boundary between Maine and New Brunswick; r e te n tio n o f F o rt Niagara and th e is la n d and f o r t of M ichilim ackinac; exchange of a few minor f o r t s ; and American cession of C arlton Isla n d , one of th e Thousand Isla n d s, Also th e B r itis h would i n s i s t th a t the p riv ile g e th e Americans had gained from the Treaty of 1?83 of drying f i s h on Canadian shores was now to be ended. F in a lly , th e B r itis h wanted an a lte r a tio n in th e northw estern boundary 52 53 from th e Lake of the Woods to th e M ississip p i R iver, This was a l l s e t f o r th in th e f i f t h B r itis h n o te 5 i t arrived, a t Ghent on October 18, On October 19 S ecretary of S ta te James Monroe wrote to th e American m in iste rs th a t t h e i r r e je c tio n o f th e previous terms proposed by th e B r itis h had been approved by the P re sid e n t, Monroe s ta te d , f u r th e r , th a t the P resid en t had shown th ese papers to Congress and had had them p rin te d in th e newspapers. This e f f o r t , Monroe re p o rte d , 1. had u n ite d a l l o f th e American people,~ Liverpool wanted the B r itis h commissioners to p o in t out to the Americans how fo rtu n a te they were t h a t events were tu rn in g t h e i r way. The Prime M inister f e l t : " I f the Americans a re unreasonable in d eclin in g th e moderate terms of peace which you are authorized to propose, th e country a t la rg e w ill f e e l i t necessary to support a war, the w orst e f f e c ts of which w i l l be the leav in g them in t h a t s ta te in B which they had e x is te d and prospered, 11 "There i s no d is p o s itio n ," he concluded, "to exact any terms from them in c o n s is te n t w ith t h e ir honour; th e c o n te st i s a c o n te st only f o r term s of p eace," 3 This note from L iverpool was to be shewn to th e American d e le g atio n . The Americans had a l l of t h i s inform ation =>«= th e f i f t h B r itis h note and L iv erp o o l8s l e t t e r — by October 21, The news of the B r itis h d e fe a t a t P lattsb u rg h d id n o t impress th e Americans, They were s t i l l p e ssim is tic , thinking probably th a t 1- American S ta te Papers < Foreign R e la tio n s, Volume I I I , p. 732, 2. Bngelman, p, 232, 3» Bngelman, p, 232, the news from America was exaggerated9 and even I f American m ilita ry prospects were looking up they probably would n o t l a s t . Americans thought t h is l a t e s t B r itis h note unacceptable. Again the Unanimously they refu sed to accept u t i p o s s id e tis ; they would not consider ceding any American t e r r i to r y . The Americans now suggested th a t the B r itis h submit a p r o je c t9 or i f they d id n o t so d e s ire , th a t both d elegations compose p ro je c ts . The American note embodying t h is was completed and in th e hands of the B r itis h commissioners on Monday, October 2h. Although th e Americans had devoted le s s time and thought to th e composition of t h e i r note of October than to 'any of t h e i r previous n o te s, i t caused a bigger sen sa tio n in B rita in than any th a t had preceded i t . lo r d L iverpool, a f t e r reading the n o te , wrote to th e Duke of W ellington: The l a s t note of the American p le n ip o te n tia rie s p u ts an end, I th in k , to any hopes we might have e n te rta in e d of our being able to b rin g th e war w ith America a t t h is time to a co n clu sio n ...« The d o c trin e of the American government i s a very convenient one, th a t they w ill always be ready to keep what they acq u ire, b u t never give up what they l o s e . . . . We s t i l l th in k i t d e sira b le to gain a l i t t l e more time before the n e g o tia tio n i s brought to a c lo se , and we s h a ll th e re fo re c a l l upon them to d e liv e r in a f u l l p ro je c t of a l l the conditions on which they are ready to make peace before we e n te r in to d iscu ssio n on any of the p o in ts contained in our l a s t note.-*Liverpool urged G astiereagh to keep h is frie n d s among th e r u le r s of Europe. The Prime M inister f e l t th e Cabinet could not give the Americans o " re c ip ro ca l r e s t it u t io n " of t e r r i t o r y as they asked. 1. W ellington, Supplemental Despatches. Volume IX, p . 384, quoted in Adams, L ife o f A lb ert G a lla tin , p. 0 6 a 2. Engelman, p. 236. 55 G a lla tin w o te to Monroe on October 26 t e l l in g of th e l a t e s t B r itis h demands and asking f o r new in stru e tio n so He discussed the Indian q u estio n a ls o : With re sp e c t to th e Indian a r t i c l e 6 ray only motive fo r assen tin g to i t «==> and I b e liev e t h a t i t was the same w ith ray colleagues *»« was t h a t having l i t t l e hope f o r peace 8 I thought i t much more favorable 8 w ith re s p e c t to p u b lic opinion in th e e aste rn p a r t o f th e Union, th a t we should break on o th er grounds$ and p a r tic u la rly on th a t of t e r r i t o r i a l rig h ts,, than on t h a t of Indian p a c if ic a tio n .1 Bayard wrote to Andrew Bayard on October 26: " I f Great B rita in th in k s i t lik e ly th a t she w i l l in any form be involved in a c o n tin e n ta l warg she w ill hasten to make peace w ith us® Thus in a g re a t measure does our d estin y depend upon operations n o t under our control* nor 2 w ith in our view®" B athurst a t t h i s tim e wrote to th e B r itis h commissioners explaining t h a t f i r s t * th e B r itis h needed tim e: and second* B athurst d id n o t want th e Americans to th in k th a t the B r itis h would break o ff th e n e g o tia tio n s because o f t e r r i t o r i a l demands® So the B r itis h deleg ates se n t a sh o rt d isp a tc h to the Americans s ta tin g th a t they had d eliv ere d a p ro je c t in t h e i r l a s t n ote and asking f o r an American counterproject® B r itis h d eleg ates s ta te d they had nothing fu rth e r to add® The note of the B r itis h th a t was to answer the American one of October 24 a rriv e d a t the residence o f th e American commissioners on 1. Henry Adams* editor* The W ritings of A lb ert G a lla tin ® lew York* A ntiquarian Press* Ltd® * I8 9 l* l# 6 * Volume I* p® 640® 2. E lizab eth Bonnan* editor* "Papers of James A® Bayard* 1796=1815*" Annual Report o f the American H is to ric a l A sso ciatio n * 1913* pp» 348=349® H ereafter c ite d as Bonnan® The 56 October 31. I t d id n o t su rp rise the fiv e men because each one of them f i r m l y b eliev ed t h a t the B r itis h wanted delay. The Americans, however, were s t i l l under th e s p e ll th a t had come w ith th e f a l l of Washington; they d id not give much weight to American v ic to r ie s a t P lattsb u rg h , Baltim ore, or P o rt .Brie. " I t was inconceivable to the Americans th a t *| th e B r itis h might be d e s p e ra te ." They only knew th a t the B ritis h had compromised on the Indian p o lic y . The note d eliv ere d to th e Americans by Anthony S t. John Baker, the S ecretary of the B r itis h P le n ip o te n tia rie s , on October 31 contained no new demands. I t simply s ta te d t h a t the B r itis h had given th e i r term s, and th a t nothing fu r th e r was necessary on t h e i r p a r t. They proposed th a t the Americans make a p ro je c t of a tr e a ty . For _ th e f i r s t tim e, the Americans were having th e opportunity to make up the form at. Adams and G a lla tin both began making d r a fts of th e p ro je c t. "The American relu c ta n ce to take the f i r s t step in designing the tr e a ty sprang from an aversion composed of ignorance of p o ssib le g ain and fe a r of p o ssib le in te r n a l d iv is io n , th a t might be comparable in i t s own way 2 to th e schism th a t e x is te d between the two c o u n tr ie s .” While the Americans were working on th e ir .p ro je c t, th e European settlem en t was not coming easy. Czar Alexander wanted to keep Poland as h is t e r r i t o r y w ith him self as king. B rita in opposed t h i s . However, i t d id seem th a t Russia had the edge because th e B r itis h were Involved in 3 a war th a t took some of her tim e. G reat B rita in had too many iro n s in th e f i r e so th a t she could n o t term inate anything su c c e ssfu lly . 1. Engelman, p. 237. 2. Engelman, p. 2&1. 3. B urt, p. 362. The drawing up of a. d r a f t fo r a p ro je c t proved a most d i f f i c u l t ta s k fo r th e fiv e Americans = Impressment, n e u tra l r ig h ts and indem nities were no longer indispensable conditions b u t were s t i l l a m atter of p a tr i o ti c p rid e . One of the most c o n tro v e rsia l o f the mangy items concerned th e Sew England f is h e r ie s and th e r ig h ts of n av ig atio n of th e M ississip p i R iver. These were c e rta in ly m atters o f s e c tio n a l concern. John Quincy Adams had as h is main o b jec tiv e to keep th e fish in g r ig h ts fo r h is fello w Hew Englanders. E nglish on th e M ississip p i. Clay9 fo r h is West, d id n o t want th e Besides these im portant issu e s Clay and Adams were having t h e i r own personal feud. Adams was d isg u sted by the h a b its and morals of Henry Clay, and t h is fe e lin g c e rta in ly c a rrie d over in to th e work on the p ro je c t. G a lla tin , aware that, an American p ro je c t would be necessary even b efo re receiv in g th e B r itis h n o te , had brought h is d r a f t forward on October 30. He suggested t h a t both the f is h e r ie s and th e M ississip p i r ig h ts be renewed. Clay was outraged! He saw no reason a t a l l to rev iv e B r itis h n av ig atio n of th e M ississip p i nor to mention th e f is h e r ie s a t a ll. Henry Clay "could n o t understand th e magnitude o f the fis h e ry q u estio n , nor how the mere r i g h t to catch f i s h , a r i g h t in h is region fre e to everyone, should be an eq u iv alen t f o r these o th er demands, and X he would have surrendered the fis h e ry q u e stio n w ithout a c o n te s t." Several days l a t e r Clay came forward w ith an idea alread y espoused by Adams. He argued t h a t th e f is h e r ie s should be considered as a p a rt of 1, Thomas W ilson, "The Treaty o f G hent," Magazine o f American H isto ry , H is to ric a l P u b lica tio n Company, July-Becember, 1888, Volume XL, p. 383. American independence th a t could n o t be taken away. With some d iscu ssio n t h is was accepted and ended one sore spot. Looking a t John Quincy Adam's d r a f t of th e p ro je c t, h is colleagues found most o f i t acceptable. c ritic is m ; One statem ent met w ith Adams suggested t h a t the Americans have as an a lte rn a tiv e to th e p ro je c t the p rin c ip le of s ta tu s quo an te helium , G a lla tin agreed w ith Adams from th e beginning 9 b u t Clay refu sed to accept t h is and in d ic a te d t h a t i f i t were th e b a s is o f a tr e a ty he might not sign i t . On November 10 the American p ro je c t accompanied by a covering note was d e liv ered by C hristopher Hughes to th e B r itis h commissioners and was to a rriv e i n London on Sunday, November 13, The note mentioned th e p o s s ib ility of the p rin c ip le of s ta tu s quo; d id n o t d iscu ss the M ississip p i a t a l l ; sa id the f is h e ry r ig h ts could n o t have been taken away because of the war, and l i s t e d some of the h i s t o r ic a l precedents fo r some of the p r o j e c t's a r t i c l e s . The American p ro je c t began w ith an a r t i c l e th a t c a lle d fo r an end to a l l h o s t i l i t i e s and urged t h a t a l l p riso n e rs and t e r r i t o r y be retu rn ed . A rtic le I I discussed when the war would end a f t e r the tr e a ty had been signed. A rtic le s I I I through VI discussed the s e ttin g up of a r b i t r a l commissions f o r fix in g c e r ta in boundaries a f t e r the conclusion of th e war. A rtic le s I I I and IV c a lle d fo r a commission to s e t t l e th e boundary running through th e Maim highlands and th e Passamaquodby Isla n d s, the exact lim its of the boundary s tre tc h in g n o rth and west from the Maine highlands to the S t, Lawrence. A rtic le V c a lle d fo r a commission to d iscu ss th e d iv id in g lin e which cu t through th e S t, Lawrence and the Great Lakes, A rtic le VI c a lle d fo r a commission to defin e th e in te rn a tio n a l demarcation from Lake Superior to th e Lake of th e Woods, A ll of these were d isp u tes l e f t over from th e Treaty of 1783, Each sid e would have one commissioner0 and these two could appoint the 1 th ir d . A rtic le VII sp e c ifie d the powers of the commissions. A rtic le V III s ta te d t h a t th e northw estern boundary as a lin e drawn from th e northw estern p o in t of the Lake of the Woods due n o rth or south to the fo rty -n in th p a r a lle l and thence westward to the Stony Mountains, Indians, A rtic le IX discussed the n e c e ssity fo r peace w ith the A rtic le X s ta te d t h a t both powers should " re s tra in the Indians liv in g w ith in t h e i r re sp e c tiv e dominions from committing h o s t i l i t i e s 2 a g a in st th e t e r r i t o r y , c itiz e n s or su b je c ts of the o th er p a r t y ,11 A rtic le XI provided f o r the temporary p ro h ib itio n of impressment. A rtic le XII was t o r e s t r i c t th e B r itis h in th e i r use of blockades. A rtic le X III asked indem nities f o r U nited S ta te s c itiz e n s . A rtic le XIV would g ra n t amnesty to a l l those who had worked on e ith e r sid e . A rtic le XV provided the machinery f o r r a t i f i c a t i o n s of the tr e a ty . ^ The B r itis h commissioners were amazed a t the American p ro je c t fo r a tr e a ty . C-oulburn suggested to B athurst th a t the t r e a ty "must be decided e n tir e ly in favour of Great B r i t a i n . T h e American p ro je c t a rriv e d in London on Sunday, lovember 13, 1. Sngelman, pp. 2A5-2fr6. 2. Sngelman, p. 246, 3= Sngelman, pp. 246-247. 4, Sngelman, p. 247, This was a se rio u s time fo r 60 th e B r itis h . The American war was n o t going w ell. I t had been on November 3 th a t th e Cabinet decided to ask th e Bake of W ellington i f he would go to th e United S ta te s to help brin g v ic to ry f o r the B ritis h . On November 9 W ellington had re p lie d : I have already to ld you and Lord B athurst th a t I f e e l ho o b jectio n to going to Americag though I don’t promise to m yself much success th e re . . That which appears to me to be wanting in America i s n o t a g e n e ra lg or a g e n eral o ff ic e r and tro o p s, b u t a naval s u p e rio rity on th e la k e s .. . . In reg ard to your p re se n t n e g o tia tio n s, 1 confess th a t I th in k you have no r i g h t, from th e s ta te of war, to demand any concession of t e r r i t o r y from Am erica.. . . You have no t been able to c a rry i t in to th e enemy’s t e r r i t o r y , notw ithstanding your m ilita ry success and now undoubted m ilita ry s u p e rio rity , and have n o t even c le are d your own t e r r i t o r y on the p o in t of a t t a c k . . . . Why s tip u la te fo r th e " u ti p o s s id e tis ? ” You can g e t no t e r r i to r y ; indeed, th e s ta te o f your m ilita ry o p eratio n s, however, c re d ita b le , does n o t e n t i t l e you to demand any. A fter W ellin g to n 's l e tte r ,O f November 9, th e B r itis h demands fo r t e r r i t o r y became im possible. Thus th e v ic to ry of Macdonough a t P la ttsb u rg h Bay on September 11 was a c tu a lly more im portant than any of the Americans r e a lis e d , C astlereag h ’s n e g o tiatio n s w ith o th er European powers was not making much progress e ith e r . On November 4 Adams wrote to h is w ife: "Me see p la in ly enough th a t we s h a ll have no peace b u t by the f a ilu r e of the B r itis h government to give th e law to a l l Europe a t V ie n n a ,,., In th e meantime, they are merely m ultiplying d iscu ssio n s to keep the 2 n e g o tia tio n a l i v e . ” Public opinion in France and a lso in England ' was fo r an end to th e war. A few days a f t e r th e American p ro je c t 1. As quoted in B angerfield, p. 77» 2. Ford, pp. 177-178. a rriv e d word came to London th a t th e Madison a d m in istratio n had published i t s m in is te r’s dispatches, reco rd s of the peace ta lk s through the end of August, lews came w ith t h is th a t Madison was to have th ese p u b lic atio n s se n t a l l oyer the world. people now were u n ite d as never b e fo re . Reports sa id th a t th e American On the 18th these American re p o rts of the n e g o tia tio n s were p rin te d in the B r itis h newspaper . 1 low Englishmen were u p set w ith the B r itis h demands; they wanted p eace." On Friday, November 18, Liverpool wrote to C astlereagh i 1 th in k we have determined i f a l l o th er p o in ts can be s a t is f a c to r i l y s e ttle d , n o t to continue th e war f o r the purpose of obtaining or securing any a c q u isitio n of t e r r i to r y . We have been le d to t h i s determ ination by th e c o n sid eratio n of the u n s a tis fa c to ry s ta te of the n e g o tiatio n s a t Vienna, and by t h a t o f th e alarming s itu a tio n of the i n te r io r of France: We have a lso been obliged to pay se rio u s a tte n tio n to the s ta te of our f in a n c e s ,... Under such circum stances, i t has appeared to us d e sira b le to bring th e American war i f p o ssib le to a conclusion,® On Monday November 21 i t f e l l to B athurst to d r a f t in s tru c tio n s fo r th e B r itis h commissioners. He s ta te d t h a t B rita in now would adopt the s ta tu s quo and would n o t renew the q u estio n resp ec tin g the f is h e r ie s , which in so many words would continue to give th e Americans t h i s r ig h t. Also B athurst s ta te d t h a t u t i p o s s id e tis was n o t a probable a b lu tio n and should n o t be demanded any lo n g er. The American commissioners on November 25 receiv ed a m ail packet from America which had th re e l e t t e r s in i t from James Monroe. The S ecretary of S ta te sa id th a t , because of a d e sire f o r peace, the 1. Engelman, p. 252. 2. Engelman, p. 253. a d m in istratio n was a u th o rizin g the commissioners to make s ta tu s quo ante helium th e b a s is of the tr e a ty . ju s t if i e d in taking t h i s stand. How John Quincy Adams f e l t Also, Monroe p ra ise d th e fiv e n e g o tia to rs and gave them a f re e hand in making the peace tr e a ty , The B r itis h answer to the American p ro je c t a rriv e d on Sunday, Movember 27= There were se v e ra l changes th e B r itis h had in mind; however, " a l l th e d i f f i c u l t i e s to the conclusion of a peace appear to be now so n early removed, th a t ogr colleagues a l l considered i t as X c e r ta in ," John #uincy Adams wrote in h is d ia ry on November 27, A rtic le 1 which th e Americans had phrased "to r e s to re persons or p la c e s ,, , taken by e ith e r p a r t y ," was amended to rea d " p la c e s ,, , belonging to e ith e r p a rty and taken by th e o th e r," thus e ffe c tiv e ly excepting Moose Isla n d , th e o rig in a l ownership of which was contested. A rtic le I I s ta te d th a t th e end of h o s t i l i t i e s would take place a f t e r "the exchange of r a t i f i c a t i o n s ," n o t, as th e d e c e itf u l Americans 3 wished, " a f te r th e signing of t h is t r e a t y , " A rtic le s I I I through VII were rephrased s lig h tly to th e B r itis h lik in g . In referen ce to the a r b i t r a l commissions, th e re should be one commissioner from each country. I f someone e ls e was needed a sovereign from a frie n d ly s ta te could be In v ite d , The Americans had suggested t h a t the two commissioners could e le c t a th ir d one; on t h i s th e B r itis h were n o t w illin g to take a chance. 1, le v in s , p, 144, 2, Malloy, Volume I I , p, 613, 3, Bngelman, p, 260, 63 A rtic le T i l l was com pletely a lte r e d in the B r itis h p ro je c t. The northw estern boundary was to be drawn due west from the Lake of the Moods „ along fo rty ~ n in th p a r a lle l of n o rth la titu d e . <.» so f a r as th e t e r r i t o r i e s of th e United S ta te s extend in th a t q u a r te r .=. [n o t J due n o rth or south from th e most northw estern p o in t of th e Lake of the Woods» u n t i l i t s h a ll in te r s e c t the f o r ty ..ninth p a r a l le l of n o rth la titu d e , and from the p o in t of such in te rs e c tio n due w e s t... as f a r as th e sa id re sp e c tiv e t e r r i t o r i e s extend in th e q u a rte r...a ^ A lso, th e B r itis h were to have access "to the riv e r M ississip p i, w ith th e ir goods, e ff e c ts , and merchandise, a n d ... His B ritan n ic M ajesty’s su b je cts s h a ll have and enjoy th e fre e n avigation of th e sa id r i v e r , " 2 The American v ersio n of A rtic le IX, the Indian a r t i c l e , was accepted by th e B r itis h . A rtic le s X through XI? the r e s t r a i n t of th e Indians; temporary b u t renewable p ro h ib itio n of impressment; r e s t r i c t i o n of blockades; payment by the B ritis h of indem nities; and) mutual g ran tin g of amnesty a l l had w ritte n beside them th e one word " in a d m issib le." With th e r e c e ip t of t h is B r itis h note th e American group now f e l t th e re was hope fo r peace. sid e . Even Adams was looking on th e b rig h t On November 29, 1814 he wrote to Louisa Catherines They have r e je c te d w ithout exception everything th a t we had demanded on the p a r t of the United S ta te s ; b u t they have abandoned everything im portant th a t was inadm issible of t h e i r own demands. The o b jec ts upon which they s t i l l i n s i s t , and which we cannot y ie ld , are in themselves so t r i f l i n g and in s ig n if ic a n t th a t n e ith e r of th e two n a tio n s would to le r a te a war f o r them. We have everything b u t peace in our hands. 3 1. Engelman, p. 261. 2. Engelman, p. 261. 3. Ford, p. 219. The American commissioners f e l t th a t the B r itis h ren u n ciatio n of u t i p o s s id e tis was a s ig n if ic a n t ste p toward peace» Bo one was u p set by th e B r itis h a ttitu d e on impressment, blockade, amnesty, and Indian su p erv isio n . These would have f u l f i l l e d America’s h ig h est dreams, b u t they had f a ile d to remain big is s u e s . The questions of the M ississip p i, the f is h e r i e s , and the Passamaqueddy Isla n d s formed the area which s p l i t th e Americans and a lso th e two groups, G a lla tin was th e one who t r i e d to h e al these wounds. Be proposed t h a t the Americans ask fo r the r i g h t to the f is h e r ie s in exchange fo r the B r itis h r i g h t of navig atio n of the M ississip p i, was indignant a t t h i s id ea, Clay "However, th e proposal came to a vote and Adams, Bayard, and G a lla tin voted f o r i t . indem nities th e re was a change. On th e su b je ct of F in a lly , a c o ro lla ry to th e a r t i c l e was reduced to cover only the f i r s t s ix months of the war. The American note was se n t to th e B r itis h commissioners on lovember 30 and a jo in t sessio n was to be held on December 1, th e f i r s t such sessio n since August 19, The Americans had accepted most of th e o th er B r itis h vetoes o f American proposed a r t i c l e s . They had vigorously objected to B r itis h re v is io n s of A rtic le I and A rtic le V III, In A rtic le I th e phrase "belonging to one p a rty and taken by th e o th e r," in re fe ren c e to t e r r i t o r y , c le a rly assured B r itis h continued possession of th e 1 Passamaqueddy Isla n d s, The B r itis h changes in A rtic le V III would 1, Bngelman, p , 266, give them th e r ig h t to navigate th e M ississip p i -without making any concessions on the. f is h e r ie s a t a l l . Thus the Americans had re je c te d b oth A rtic le s I and V III. On November 30, 181* James Monroe, in America, had w ritte n to Thomas Jefferso n about th e proceedings a t Ghent. He sa id t h a t u t i p o s s id e tis had been suggested by th e B r itis h in r e la tio n to a l l t e r r i t o r y , b u t t h a t the Americans had r e je c te d t h i s . "Our g en t, th in k t h a t i f t h is d i f f ic u lt y was s e t t l 'd another would a r is e , b e liev in g th a t they a re gaining time only, to see th e r e s u l t of n e g o tia tio n a t Vienna, which i s very u n c e rta in , b u t more lik e ly to preserve peace than produce 1 w a r." This note probably would have caused l i t t l e commotion among th e B r itis h commissioners except fo r th e f a c t th a t they were assuming more r e s p o n s ib ility than th e in s tru c tio n s or th e Cabinet had given them. The B r itis h th re e d id n o t know how f a r t h e i r government would support them. The American fiv e were n o t c e rta in how f a r they could p ress w ithout causing a ru p tu re . The debate over A rtic le I , th a t of B ritis h c o n tro l of th e Passamaquoddy Isla n d s, ended w ithout any agreement. The men d id agree to reword A rtic le I I I so th a t th e disp u ted is la n d question could be s e ttle d by a commission. On the m atter of the le n g th of the periods between the exchange of r a t i f i c a t i o n s and the end of h o s t i l i t i e s , the Americans agreed to the B r itis h suggestion. The Americans a ls o agreed 1, S ta n isla u s Murray Hamilton, e d ito r . The W ritings of James Monroe. New York, G. P. Putnam’s Sons, 1901, Volume V, p.' 301. 66 w ith the B r itis h on th e composition of th e a r b i t r a l commissions; one person was to be appointed tgr each sid e and i f necessary "a frie n d ly sovereign” could be used. G a lla tin suggested S t. Andrews, lew Brunswickg and A lbary9 lew York as s i t e s fo r the commission m eetings. These were accepted by th e B ritis h . Then they took up a d iscu ssio n of A rtic le V III. John Quincy Adams agreed th a t th e B r itis h d id have the r i g h t to navig atio n of the M ississip p i from th e Treaty of 1783. Yet, he asked, d id t h i s mean th a t th e Americans had th e r i g h t to the f is h e r ie s as provided in th a t same tr e a ty of 1783? The B r itis h r e p lie d w ith a "n o .” Then Adams pointed out th a t i f th e re was no need Of an a r t i c l e fo r one th e re was no need of an a r t i c l e fo r th e o th e r. The arguments continued w ith n e ith e r sid e gaining any ground u n t i l the su b je c t was changed. Adams proposed th a t the United S ta te s would p re ss indemnity claim s only fo r the f i r s t s ix months of th e war. The conference appeared on th e su rface to be an American v ic to ry , b u t i t seemed t h a t on n e ith e r side was th ere a change of a ttitu d e . The B r itis h th re e f e l t th a t they now understood b e tte r th e American p o sitio n on a l l iss u e s . The Americans were more confused. They s t i l l d id n o t know how th e B ritis h government f e l t ; only how i t s th re e re p re se n ta tiv e s a t Ghent f e l t . As soon as th e conference ended th e B ritis h se n t dispatches to Liverpool and B athurst in London. th in g s had gone. The Cabinet was pleased w ith the way In A rtic le I , the new in s tru c tio n s drawn up in London s ta te d th a t e ith e r the American wording should be re s to re d or th e B r itis h v ersio n should remain in ta c t w ith the ownership of th e Passamaquoddy Isla n d s to be re fe r re d to one of the boundary commissions. On the problems of the M ississip p i and the f is h e r ie s the Americans were 1 to be o ffered a " f a ir e q u iv a le n t." I f t h i s was n o t accepted the B r itis h commissioners should suggest t h a t both c o u n tries accept th e ren u n ciatio n of both r ig h ts . In a d d itio n to th ese major items? the Cabinet decided to propose an a r t i c l e dealing w ith the a b o litio n of the slave tra d e . Also B athurst wanted an a r t i c l e t h a t would propose keeping open th e Courts of J u s tic e in each country fo r th e claim ants of both n a tio n s. These in s tru c tio n s were firm ; however, B athurst made c e rta in t h a t the B r itis h commissioners understood th a t, i f necessary, they could r e t r e a t on a l l p o in ts . These in s tru c tio n s a rriv e d in Ghent on December 9 and another jo in t meeting was scheduled f o r December 10. This meeting was much more c o rd ia l than the f i r s t meeting on December 1. Again the B r itis h and American commissioners went over th e tr e a ty a r t i c l e by a r t i c l e . On A rtic le I and the v a lid r i g h t to the Passamaquoddy Isla n d s n e ith e r a so lu tio n nor a compromise was a rriv e d a t . On A rtic le T i l l be s e ttle d . the M s s is s ip p i- f is h e r ie s question — .nothing could The B r itis h proposed th e f a i r equivalent phrase; the Americans sa id they would consider i t . 1. Engelman, p. 272. The Americans thought th e a r t i c l e s on slave trad e and th e c o u rts to be unnecessary,, A fter a d isc u ssio n of these p o in ts the meeting was adjourned u n t i l the follow ing Monday, December 12, Bayard had w ritte n to h is frie n d L evett H arris on December 6: The n e g o tia tio n had been designedly spun out by th e B r itis h government in order to have th e b e n e f it of azy favourable events which might occur before th e clo sin g of the y e ar. But th e time had a rriv e d which has obliged them to decide upon a new campaign in America or to make peace. And they have chosen the l a t t e r . They have given up a l l the m a te ria l p reten sio n s w ith which th e y -s e t out and some sm all p o in ts only remain to be arranged. The American group was divided a f t e r the meeting ended, ©nly John Quincy Adams now wanted to continue working fo r th e Passamaquoddy Isla n d s and th e f is h e r ie s , Bayard and G a lla tin g who had been w ith Adams, favored only a sm all e f f o r t; i f i t seemed hopeless they favored giving i t up, follow ed ©lay. ©lay was a g a in st working f o r t h is ; B u ssell At one p o in t ©lay cursed th e M assachusetts F e d e ra lis ts 6 who were headed f o r th e H artford Convention, and a ls o Adams who took such an o b stin a te stand. F in a lly a l l of th e commissioners decided to make one more attem pt f o r the isla n d s and th e f is h e r ie s . Both sid es were w orried on Monday, December 12 as they convened again. Each hoped fo r more than they would a c tu a lly obtain, Gn f i r s t discussing A rtic le I , n e ith e r sid e gave up any ground; the su b je c t brought only argument. At l e a s t th e Americans had been u n ifie d . How John Quincy Adams suggested t h a t th e M is s is s ip p i-fis h e rie s problem be l e f t f o r n e g o tia tio n a f t e r peace had been signed. 1, Bonnam, p , 357, Ho one, however, could agree on a proper wording of an a r t i c l e of t h is t$ p e g so the B r itis h asked fo r a w ritte n d r a f t proposal which they could send to London,. A fter a sh o rt 9 inconclusive d isc u ssio n on the a r t i c l e s about th e slave tra d e and the courts,, th e meeting was adjourned* A lb ert G a lla tin had c e rta in ly been of v i t a l importance to th ese l a s t meetings and to th e e n tire negotiations* His song James* quoted in h is d ia ry on December 12 from a p riv a te note receiv ed by h is fa th e r from the Duke of W ellington assuring him o f h is support* W ellington sa y s: Pray do n ot take offence a t what I say* In you I have th e g r e a te s t confidence* I hear on a l l sid e s th a t your moderation and sense o f ju s tic e , to g eth er w ith your good common sense, p laces you above a l l th e other d e le g ates, n o t excepting ours* The Emperor Alexander has assured me of th is* He says we can p lace absolute re lia n c e in your word* 'Peace was d esired on a l l sides* For th e next two days the Americans were to work on and complete th e ir l a s t note to the B ritish * They knew t h a t i f they did su c ce ssfu lly n e g o tia te a t r e a ty i t would be a bad one* They f e l t t h i s way because they had given up a l l of t h e i r o rig in a l demands i i t seemed th a t peace would be decided b u t nothing else* As th e note emerged in i t s f i n a l form se v e ra l item s had been decided* The Passaraaquoddy Isla n d s could be excepted from th e a r t i c l e on t e r r i t o r i a l re s to ra tio n , b u t the c o n flic tin g claim s must be s e ttle d soon a f t e r th e war ended. 1* I t s ta te d ; G a lla tin , p* 35* 70 The undersigned a re n o t aware what claim Great B rita in can have to the n av ig atio n of the M ississippi^ unless she founds t h a t claim on th e a r t i c l e in th e peace of 1?83. I f she founds i t on th a t a r t i c l e „ she must admit the claim of the United S ta te s to the f is h e r ie s w ith in B r itis h ju r is d ic tio n secured by th e same tr e a ty . The U nited S ta te s asks no new a r t i c l e on the su b je c t. The undersigned have o ffere d to accede to a new a r t i c l e confirming both th e r ig h ts . They have o ffered to be s i l e n t w ith reg a rd to both. To any s tip u la tio n abandoning th e r i g h t as claimed by th e United S ta te s they cannot su b sc rib e .3Mention of the M ississip p i and th e f is h e r ie s was to be om itted from th e tr e a ty . "These claim s, to o , would be decided a f t e r th e w a r .... 2 The r e s u l t , 11 sa id Clay, "would be a damned bad t r e a t y . " No one disag reed , e sp e c ia lly John Quincy Adams, In America th e re was p rin te d in th e Daily N ational In te llig e n c e r in Washington t h is statem ent about th e n e g o tia tio n s : From the beginning of September to the 31 st of October news continued to pervade London of th e f a i l u r e of B r itis h arms in America. Thus th e commissioners continued to l e t themselves down e a s y ,... The m otive, a fe a r of war w ith America of long d u ratio n , and the consequent n e c e ssity of new ta x e s, new lo an s, w ith an apprehension of a lo s s of p o p u l a r i t y , „ The stormy asp ect of Europe had, lik e w ise , i t s in flu ence*'' I t was December 22, John Quincy Adams, concerned over the expected answer from London, was walking through the s tr e e ts of Ghent when Bayard e x cite d ly ra n up to him and to ld him th a t th e B r itis h had accepted, James G a lla tin wrote in h is d ia ry on December 22: answer to-day. "An Father now sees clearHy th e avowed wish of the English Government to make p e a c e .. . . " if 1. Ford, pp. 233-234. 2. Quoted in Engelman, p. 279. 3» Gales and Seaton, e d ito r s , The Dally N ational I n te llig e n c e r. December 17, p. 3, Washington, 1814, December 17, p. 3. 4, G a lla tin , p. 35» 71 Now i t was ju s t a m atter of s e t tl i n g a few d e t a i l s » Everybody was happy except fo r Henry Clay. he had made many prom ises. He had been a War Hawk in 1812, and Now i t seemed t h a t a l l of these had vanished. Clay made a very vigorous speech expressing h is views. I t took G a lla tin , th e author of most of the American n o tes, to q u ie t Clay, Now a jo in t meeting was c a lle d fo r December 23. Adams wrote to h is w ife t h a t day; We s h a l l , . , a l l sign th e tr e a ty , and I b e lie v e i t w ill.b e r a t i f i e d in America. But you must expect th a t we s h a ll a l l be censured and reproached fo r i t . . . . We s h a ll, however, have th e conscious s a tis f a c tio n of having surrendered no r ig h t of th e n a tio n , of having secured every im portant in te re s t? of having y ie ld e d nothing which could p o ssib ly have been m aintained, and of redeeming our union from a s itu a tio n of u n p a ra lle le d danger and deep distress.-*Both sid e s expected a tr e a ty to emerge from t h is m eeting. Each acceded to th e p e tty whims of the o th er. Some changes in wording were made w ith com plaint from, the o th er sid e . The Americans agreed to the B r itis h slave proposal? th e Americans would n o t accept the c o u rts a rtic le . There was only anger over th e B r itis h demand th a t repayment of th e debts in cu rred by p riso n e rs of th e war, advanced in paper, be p aid in specie. This was f i n a l l y decided, w ith the help of Clay, in fav o r of th e B r itis h . With t h i s the meeting adjourned. Each commission was to make th re e copies o f the tr e a ty to be signed th e follow ing afternoon. 1. A comparison of the o rig in a l demands from both c o u n tries Ford, pp. 243=246. 72 1 suggests th e r e la tiv e success of each sid e in th e n e g o tia tio n s« At s ix p.m. on December 2% 1814, th e two commissions signed a "Treaty of Peace and Amity Between His B rita n n ic M ajesty and the -Suited S ta te s of America. ” 1- Bemis, John Quincy Adams and th e Foundations of American Foreign P o licy , p. 1647 CHm m 4 RffiCTIOKS AND SETTLEMENTS A fter fiv e long d i f f i c u l t months of n e g o tia tio n s th e Treaty of Ghent re s to re d peace between G reat B rita in and the United S ta te s , For the e ig h t men who had been th e n e g o tia to rs , i t came as a welcome r e l i e f . N either sid e f e l t i t had achieved a complete v ic to ry 9 b u t, a t th e same tim e, n e ith e r f e l t i t had su ffe red a d e fe a t. A ll of th ese men had put th e ir maximum in to t h is e f f o r t to secure th e b e s t p o ssib le advantage fo r t h e i r country. For a l l o f them th e re was s a tis f a c tio n th a t peace had been obtainedl The tr e a ty of December 24, 1814 can be c a lle d su c ce ssfu l simply because i t brought peace. Great B rita in , who had had only one sm all in terim of peace since th e beginning of th e wars w ith France in 1793, was anxious to r i d h e rs e lf of war. Sentim ent in the Unite d S ta te s had been divided on the war from i t s beginning. New E ngland's opposition to the war, culm inating in th e H artford Convention, had reached a dangerous p itc h . P re sid e n t Madison welcomed th e Treaty of Ghent as a "reprieve from doom fo r uy a d m in istra tio n ,n The United S ta te s needed a chance to begin reb u ild in g a f te r a war which had been c o s tly both m il i ta r i ly and f in a n c ia lly . 73 The terms of th e Treaty of Ghent were n o t com plieated. Two a r t i c l e s c a lle d f o r ”a firm and u n iv e rs a l peace” between th e United S ta te s , G reat B rita in , and th e Indians, One a r t i c l e s ta te d th a t w ith th e r a t i f i c a t i o n of the tr e a ty by both sid e s a l l h o s t i l i t i e s would end Another s ta te d t h a t p riso n e rs of war would be s e t fre e as soon as they had p aid th e ir debts which may have been co n tracted during th e ir c a p tiv ity . In fo u r a r t i c l e s i t was provided th a t t e r r i t o r i a l disputes between th e two c o u n tries were to be r e fe r re d to a r b i t r a l commissions fo r settlem en t. The powers and r e s p o n s ib ilitie s of th ese commissions were l i s t e d in another a r t i c l e , tra d e . Another condemned the fo re ig n slave Peace, indeed, had been re s to re d b u t none of th e outstanding issu e s which had produced the war were solved. The fiv e American commissioners accepted th e ir work as s a tis f a c to r y . But they d id n o t expect th e ir tr e a ty to be popular w ith th e ir fellow-Americans, from t h e i r countrymen, Indeed, they a n tic ip a te d only c ritic is m Henry Clay p re d ic te d th a t the t r e a ty "would b re a k ,, , me down e n tir e ly , and we should a l l be su b je ct to much 1 reproach, ” G a lla tin and Adams both agreed w ith Clay, Only Bayard p re d ic te d popular applause, and he was not d estin ed to liv e long enough to enjoy i t . The day a f t e r th e t r e a ty was signed Clay and G a lla tin both wrote a p o lo g e tic a lly to Monroe, G a lla tin to ld th e S ecretary of S ta te he regarded th e tr e a ty as th e b e s t p o ssib le under 1, Hopkins, pi 1007, 75 th e e x is tin g circum stances<, Clay9 w hile adm itting th a t no American war aims had been achieved,, s t i l l f e l t th a t th e tr e a ty "cannot be pronounced 1 vesy unfavourableo We l o s t no t e r r i t o r y 9 I th in k no honor." John Quincy Adams considered th e tr e a ty "an u nlim ited arm istice £ ra th e r J than a peace. .<, hardly le s s d i f f i c u l t to p reserve th a n ... to 2 o b ta in .fi Like G a lla tin , though, he b e lie v e d th e tr e a ty th e b e s t p o ssib le under th e circum stances. "We have abandoned no e s s e n tia l r i g h t , 81 he w rote to h is mother, and i f we have l e f t everything open fo r fu tu re controversy, we have a t l e a s t secured our Country th e power a t her own option to e x tin g u ish the w a r.. . . The day we agreed to sig n i t , I to ld my colleagues t h a t i t would im m ortalise the n e g o tia to rs on both sid e s, as a m asterpiece of diplomacy, by th e address w ith which i t avoided th e adjustm ent of any one d isp u te t h a t had ever e x is te d between th e p a r tie s . C ertain i t i s , t h a t no o th er than such a peace could have been made.-5 P re sid e n t James Madison was e la te d over the tr e a ty . He "congratulated Congress and th e people upon an event highly honourable to th e n a tio n , and one term inating w ith p e c u lia r f e l i c i t y a campaign sig n a lise d by th e most b r i l l i a n t su c c e sse s." He continued: The l a t e war, although r e lu c ta n tly d eclared by Congress, had become a necessary r e s o r t to a s s e r t th e r ig h ts and independence of the n a tio n . I t had been waged w ith a success which i s th e n a tu ra l r e s u l t of the wisdom of the le g is la tiv e c o u n cils, of th e p a trio tis m of th e people, of th e p u b lic s p i r i t o f th e m i l i ti a , and of th e v a lo r of th e m ilita ry and nav al fp rees of th e eomtagr* 1. Hopkins, p. 1007= 2. Ford, pp. 245=246. 3= Ford, pp. 248, 26l. 4. G aillard. Bunt, e d ito r . The W ritings o f James Madison, lew York and London, G. P. Putnam's Sons, Volume V III, 1908, p. 324. th e B r itis h commissioners — Lord Gambler, Gonlbiarn, and Dr* Adams — a ls o p rofessed s a tis f a c tio n w ith the tr e a ty . The th re e men had reason to be proud5 they had stood up and asked fo r more than had the London Cabinet, When the B r itis h Cabinet had changed i t s p o lic y , th e ir th ree commissioners had fought fo r ju s t a l i t t l e more than was req u ired of them. And t h is was su ccessfu l in fo o lin g fiv e Americans, fo r the Americans had f a ile d to see through t h i s . The B r itis h Cabinet was re lie v e d to be r i d of th e American war, b u t they had no enthusiasm about th e tr e a ty . Lord Sidmouth s ta te d th a t th e m in iste rs considered i t "a g re a t r e l i e f , though not in a l l re sp e c ts a su b je ct of e x u lta tio n .,r Anthony S t. John Baker and th e b ro th er of Lord Gambler had l e f t immediately fo r London a f t e r the signing of the tr e a ty on December 24, 1814. The Cabinet and Prince Regent immediately approved th e tr e a ty , and i t receiv ed form al B r itis h r a t i f i c a t i o n on December 28, This speed in r a tif y in g shows how eagerly th e B r itis h government d esired peace. The B r itis h government's r a t i f i c a t i o n was v io le n tly denounced in the London p re s s. The Richmond Enquirer of February 18, 1815 con tain s th e re a c tio n of two B r itis h newspapers: "The London Times, a m in is te r ia l p r i n t, denounces the tr e a ty in the stro n g e st term s, as highly dishonorable to Englands while th e Morning C hronicle, an a n ti- m in is te r ia l paper, considers i t as advantageous to th e B r itis h n a tio n ." The London Times of December 30 sa id : "We have 1. The L ife and Correspondence of th e Right Hon. Henry Addington, F i r s t Viscount Sidmouth. Volume I I I , p. 122, quoted in P erkins, p. 132. 77 r e t i r e d from the combat w ith the s tr ip e s y e t bleeding on our backs, w ith our re c e n t d e fe a ts , a t P lattsb u rg h , and on Lake Champlain, unavenged. To make peace a t such a moment,, , b etra y s a deadness to th e fe e lin g s of honour, and shows a tim id ity of d is p o s itio n , in v itin g fu rth e r in s u lt, The B r i ti s h .did value th e tr e a ty f o r two reasons. F irs t: it was a g re a t boost to the economy of th e country to be e n tir e ly fre e of war. The p b rts once again were wide open and became bus7 and goods became more, p le n tif u l. Second, both d ip lo m a tica lly and m il i ta r i ly i t l e f t th e B r itis h f re e to n e g o tiate w ith the European powers= The m in istry f e l t confident th a t th e tr e a ty would strengthen Lord C astlereag h ’s hand a t Vienna, When th e news of the peace reached Vienna on New Y ear's Day, 1815, i t was w e ll receiv ed . day rec eiv in g c o n g ratu latio n s on the tr e a ty , The B r itis h spent the "We have become more European," C astlereagh commented w ith s a tis f a c tio n , " , , , and by th e 2 Spring we can have a very n ice army on th e C o n tin e n t," C astlereagh now f e l t a g re a t deal more confident and b e liev ed t h a t he could demand and receiv e more from the Russians, a lso welcomed the tr e a ty . The B r itis h diplom ats in P a ris The Duke of W ellington was p a rtic u la r ly e n th u s ia stic and h a s tily se n t a co n g ratu lato ry note to Edward L ivingston, th e American m in iste r. Many of the newspapers in England opposed, r a t i f i c a t i o n of the tr e a ty . The London Times, very much opposed, inveighed a g a in st the 1, The London Times, as quoted in Engelman, pp, 287=288, 2, Charles K, Webster, The Foreign P olicy of C astlereagh, 1812-1815, pp. 370=372, as quoted in P erkins, p. 132. "deadly instrum ents eoo degrading manner of term inating th e war, » ,, premature and in g lo rio u s peace0" The Times hoped the Americans would r e j e c t the tr e a ty , thus prolonging th e war u n t i l Madison f e l l . Mew England perhaps seceded, and th e Royal Navy erased th e s ta in s 1 of d isg ra ce . There was a lso a rumor t h a t th e Rrince R eg en tr 2 ex co riated h is m in iste rs fo r th e ir weakness. The Sun expressed r e g r e t th a t th e American government had escaped payment f o r th e war, y e t welcomed the end of " th is w asting and u se le ss" c o n te st. The Post re g r e tte d th a t General Ross and o th er commanders had n o t burned more p riv a te p ro p erty so t h a t the Americans would be punished fo r d eclarin g war. Both th e Post and th e S ta r , using th e te x t of th e tr e a ty as i t was n o t meant to be used, expected th e boundary commissions to arrange cessions to B rita in . This pro sp ect alone, they suggested, 3 reco n ciled them to th e settlem e n t. Only one major London newspaper defended the. tr e a ty as a trium ph, and t h is was th e London C ourier. I t s defense probably was a ta s k imposed upon the newspaper by th e m in istry . The Courier pointed out th a t the Americans had f a i l e d to secure a sin g le item f o r which they went to war and m aintained th a t, w hile a more e a s ily defended 1. London Times. December 27, 28, 29, 1814, as quoted in Hezekiah M iles, e d ito r . M iles* Meekly R e g is te r. B altim ore, The F ranklin P ress, 1814-1815, Volume V U I, p. 30. H ereafter c ite d as M iles. 2. Edinburgh Evening Cour a n t. December 26, 1814, as quoted in M iles, Volume V III. . ’ 3« The Sun (London), December 27, 28, 1814; P o st. December. 27, 28, 29, 30, 1814; S ta r . December 27, 1814, as quoted in Perkins, pp. 135-136. 79 boundary fo r Canada was th e o r e tic a lly d e s ira b le , th e Americans had 1 absorbed so much punishment t h a t they would n o t again a tta c k i t . The Treaty of Ghent a c tu a lly was n o t a surrender on the p a rt o f B rita in . She s t i l l m aintained her m aritim e p rete n sio n s. Canadian in te r e s ts l o s t nothing except th e ir hopes f o r boundary r e c t if i c a t io n and commercial c o n tro l of th e American in te r io r . The p ro sp ect fo r an Indian b u ffe r zone had been abandoned, b u t an a r t i c l e provided f o r the establishm ent of peace w ith the Indians a f t e r th e war ended. The boundary q u estions were s t i l l to be s e ttle d . More im portant were the psychological im plications of the tr e a ty . England had, fo r the f i r s t tim e, come clo se to recognizing American e q u a lity a t Ghent. The B r itis h Cabinet had resp ec ted American demands, although they d id not agree w ith them. The Cabinet had learn ed th a t the fiv e American commissioners could n o t be pushed around, th a t they would continue to f ig h t ten acio u sly fo r what they thought to be th e b e s t in te r e s ts of th e United S ta te s . On January 2, 1815, Anthony S t. John Baker and Henry C a rro ll, C lay’s se c re ta ry , s a ile d fo r America aboard the B ritis h sloop of war F a v o rite , I t was n o t u n t i l Saturday, February 11, th a t the ship docked in New York. Washington, Six days l a t e r Baker and C a rro ll a rriv e d in Christopher Hughes had g o t to Washington th re e days e a r l i e r , landing a t Annapolis. Baker was su rp rise d to f in d th a t the American Senate had already unanimously r a t i f i e d the Treaty o f Ghent. 1. The Courier (London), December 2?, 28, 29, 1814, as quoted in Perkins, p. 134. On th e n ex t day, February 18, P resid en t Madison proclaim ed the tr e a ty in e f f e c t. This, again, i s eloquent testim ony to the American d e sire fo r peace. The tr e a ty was receiv ed w ith g re a t enthusiasm by th e American people and th e ir le a d e rs . I f Americans had never before known d esp eratio n , they experienced i t in the dark weeks th a t immediately preceded knowledge of the outcome of th e Ghent n e g o tia tio n s. I t i s easy to perceive th e joy and s a tis f a c tio n of th e people of t h is c it y . Accustomed to consider the Americans as alm ost erased from th e l i s t of n a tio n s , they have seen them a t le n g th take up and su sta in th e most noble a ttitu d e as an independent people, proud of i t s p a trio tis m , i t s fo rce and i t s a n cien t g lo ry . No doubt th e conditions of the peace w ill be honorable to both p a r tie s , The Treasury was empty and nobody bad any ideas as to how to re p le n ish it. The War Department had stru g g led , w ith l i t t l e success, to r a is e an aray to p ro te c t th e Gulf Coast and th e M ississip p i. New England F e d e ra lis ts were demanding an end to Madison’s government. And then, suddenly a l l was changed. News reached Washington of th e smashing of the B r itis h a t New Orleans by Andrew Jackson. Days l a t e r came th e news of the Treaty of Ghent. Americans f e l t th a t B rita in 2 had been "driven to the w all by American arms and n e g o tia to rs . 11 America had reason to re jo ic e ! Even the F e d e ra lis ts were pleased w ith the news. 1. N ile s, Volume V III, p. 41. 2, Bngelman, p. 290. . "Who would, n o t be an im erlean?" asked M iles * Weekly R e g iste r. th e re p u b lic ’. A ll ha i l l "Long liv e 1 l a s t asylum o f oppressed humanity! ’’ So, p a ra d o x ic a lly , although the tr e a ty signed a t Ghent secured none of th e American p ro fessed war aims, i t proved to be the most popular tr e a ty th a t had ever been signed by the United S ta te s . The Richmond Enquirer e d ito ra liz e d as follow s: To James Madison, P re sid e n t of th e U. S ta te s , to th e Congress who declared, and prosecuted th e war, to those generous s p i r i t s who never d eserte d th e ir country a t the tim e of her utmost need, to those who have been th e instrum ents (under a wise Providence) of conducting us to glo ry and renown, l e t th e thanks of t h i s n a tio n be g i v e n .... We have waged A W&R, which has covered us w ith g l o r y . . . . We occupy a higher Stand than ever in th e eyes of th e world our re p u ta tio n ensures re s p e c t — and re s p e c t ensures more c i v i l tre a tm e n t., , b u t what a noble recompense fo r money spent and liv e s lo s t? Glory, re p u ta tio n , re s p e c t, wisdom.^ When i t p rin te d th e te x t- o f th e Treaty of Peace, th e Richmond Enquirer of February 22, 1815, had changed i t s a ttitu d e somewhat; now "We have seen the Treaty of Peace, and a re eq u ally disappointed and pleased a t i t s p ro v is io n s ;’’ . . . £ b u tj "The war i t s e l f i s d isg ra c e fu l to them £ B ritish ^] — They, the proudest people in the world, have been met and d efeated , single-handed, t o o ." Madison’s opponents a lso welcomed peace, b u t, lik e the opposition in England, reminded the country th a t the ad m in istratio n deserved c r e d it n e ith e r fo r the tr e a ty nor f o r the conduct of the war. "Yes, th e Olive Branch i s . . . re s to re d to our bleeding, su ffe rin g 1, M iles, as quoted in Engelman, p. 290. 2, Thomas R itc h ie , e d ito r, The Richmond E nquirer, Richmond, February 18, 1815, p. 3. e<mnta?y, ” th e F e d e ra lis t V irg in ia P a tr io t adm itteds b u t i t emphasized t h a t peace had come only " a f t e r .„» a long and glooBy n ig h tp in which scarce a ra y of hope was seen or f e lt* by those devoted to th e 1 happiness and p ro sp e rity of America. ” This sa id p la in ly t h a t James Madison had placed th e n a tio n in jeopardy. Some s a id th a t "Bivine In terv e n tio n " saved th e country* some sa id i t was th e Ghent commissioners* a few p ra is e d B r itis h moderation* b u t no F e d e ra lis t had any p ra is e f o r Madison as a r e s u l t of th e peace. Even though th e F e d e ra lis ts were happy f o r peace* they opposed the terms of th e tr e a ty by saying t h a t they made th e war com pletely f u t i l e . The war* they poin ted out* f a ile d to g ain ary o b jectiv e — not Canada* not an end to impressment* and not a code of n e u tra l r ig h ts . Many Republicans lo u d ly h a ile d th e tre a ty ? however* many of them kept s i l e n t on the major iss u e s . In one a r t i c l e i t was s ta te d t h a t America’s a b i l i t y to endure th e c o n te st f o r some t h i r t y months had Increased her self-co n fid en ce and ra is e d her re p u ta tio n abroad. a This became th e cry of Republicans in defending the t r e a ty a g a in st F e d e ra lis t a tta c k s . America had su ffe red l i t t l e b u t i n s u l t since she had gained her independence. The war i t s e l f had proved t h a t a Republican form of government could su c ce ssfu lly execute a c o n flic t o f t h i s type. The war had stim ulated the growth of American industry 1. V irg in ia P a tr io t (Richmond) * February 18* 1815, as quoted in Perkins* p. 1% . 2. "A C itiz en of P h ila d e lp h ia ," The Second C ris is of America, or a Cursory View of th e Peace (lew Xerk* l8 l5 )* pp. 4-5* as quoted in Perkins* p. 148. , 83 and manufacturing and had tau g h t th e n a tio n to develop her tremendous a g ric u ltu r a l reso u rces. But, more im portant was the enhancement of America8s re p u ta tio n abroad. "From a s ta te of h u m iliation in the eyes o f th e w o rld ," the P h ilad elp h ia Aurora d eclared , %e stand on an e le v a tio n which now commands the re s p e c t of a l l the w o rld ." This statem ent was c e rta in ly an exaggeration, b u t a step in t h i s d ire c tio n had begun. I t was in Bongress in 1816 t h a t Henry Clay used the same arguments. "Have we gained nothing by th e war?" he asked. our p resen t s itu a tio n ? and confidence a t home. R e sp e c ta b ility and c h a ra c te r abroad "What i s se c u rity I f we have not obtained in the opinion of some th e f u l l measure of r e tr ib u tio n , our c h arac ter and C o n stitu tio n are 2 placed on a s o lid b a s is , never to be shaken." The War of 1812 c e rta in ly was n o t a m ilita ry v ic to ry fo r Madison and h is a d m in istratio n . p o te n tia l d is a s te r . A ctually America escaped from a As th e terms of the tr e a ty l e f t so much s i l e n t , John Quincy Adams8 grandson observed th a t th e n e g o tia to rs "gained th e i r g r e a te s t trium ph in r e f e rr in g a l l t h e i r d isp u tes to be s e ttle d 3 by tim e, th e f i n a l n e g o tia to r, whose d ecisio n they could s a fe ly t r u s t . " The t r e a ty helped to make the United S ta te s a n atio n . During the war she had been divided; now a l l Americans stood to g eth er in peace to f ig h t 1. Aurora. February 20, 1815, as quoted in P erk in s, p. 149. 2. Annals o f Congress of the U nited S ta te s , Washington, Gales and Seaton, Publishers7” l85^7™14th Congress, 1 s t se ssio n , p . 783, 3. Adams, H istory of th e United S ta te s during the A dm inistrations o f Je fferso n and Madison, Volume EG, p. 53. 84 fo r a stro n g er and mere powerful country, A lb ert G a lla tin r ig h tly siz ed up the s itu a tio n : The war has been productive of e v il and good: b u t I th in k th e good preponderate s „ , , , Under our former system we were becoming too s e lf is h , too much attac h ed e x clu siv ely to th e a c q u is itio n of w ealth, above a l l too much confined In our p o l i t i c a l opinions to lo c a l and s ta te o b je c ts. The war has renewed and re in s ta te d the N ational fe e lin g s and c h a ra c te r, which the Revolution had given, and which were d a ily lessened. The people have now more gen eral o b jec ts of attachm ent w ith which t h e i r p rid e and p o l i t i c a l opinions are connected. They are more Americans: they f e e l and a c t more as a N ation, and I hope th a t th e permanency o f th e Union i s thereby b e tte r secured. P ro jectin g th e theme of g reatn ess in the fu tu re fo r America, the Richmond Enquirer declared February 18, 1815: "The sun never shone upon a people whose d e s tin ie s promised to be grander. 11 Throughout 1815 f e a r , suspicion and rec rim in atio n hung over r e la tio n s between B rita in and the U nited S ta te s . Very few Americans b e liev e d th a t the peace would be permanent and watched the B r itis h su sp icio u sly . Pamphlets in America echoed t h is fe e lin g . S ecretary o f th e Treasury Alexander D allas wrote one of th e se , "An E xposition of the Causes and C haracter of th e l a t e W ar." This document heatedly denounced England, causing an uproar th e re and in America. P resident Madison suggested th a t dem obilization should n o t be h asty . John Quincy Adams agreed. A ll the "combustible m a te ria ls" in both c o u n trie s, he 2 sighed, made a long peace highly u n lik e ly . With Napoleon' s re tu rn from Elba i t seemed highly probable th a t c o n flic ts would again break 1. G a lla tin to Lyon, Hay 7, 1815, G a lla tin MSS, as quoted in P erkins, p. 154. 2. Ford, Volume V, p. 401. out between the two Anglo-Saxon countries,, stated ? Henry CLsy, then, in London " I t is<.oo p robable, ” he w rote9 6I00» t h a t a s p i r i t of revengeB 0»o a p rid e in shewing to the world th a t n e ith e r the war nor the peace; w ith t h is countzy, has impaired her maritim e claim sB or her determ ination to e x e rt them, w ill a l l u n ite , w ith th e o b je c t of d is tre s s in g France, ooo in stim u latin g her [B rita in J in to her former vio len ces on the 1 Ocean. ” Also, the B r itis h evacuation of American t e r r i t o r y seemed to the, Americans to take place too slowly. Most of t h i s had .been completed by Ju ly , 1815 when the B r itis h evacuated M iehilimackinac, However, th e fea red new war w ith B rita in never m aterialized? i t seemed th a t B rita in had lea rn ed a g re a t d e a l from th e War of 1812. ?. Between July and October, 1815, th e Americans concluded fo u rtee n Indian t r e a t i e s . The northw estern Indians, by f a l l of th a t y e a r, had become p eacefu l occupants of U nited S ta te s t e r r i t o r y . B r itis h o f f i c i a l s c a re fu lly avoided encouraging Indian re s is ta n c e to the United S ta te s . The Indian is s u e , th en , so im portant from 1783 to 1815, had ceased to tro u b le Anglo-American r e la tio n s by the end of 1815. > Another issu e th a t arose in 1815 involved the in te r p r e ta tio n of the language o f th e Treaty of Ghent. A rtic le I p ro h ib ite d the "carrying away. b. o f . , , any Slaves or other p riv a te property" when B r itis h or American- fo rce s withdrew from eneisy t e r r i t o r y . As soon as th e tr e a ty had been r a t i f i e d , a d isp u te arose over th e la rg e number of slaves — o th e Americans l a t e r claimed 3,600 =.«= c a rrie d away by th e Royal Navy. 1. .Hopkins, p . 1302. 2. P erkins, p. 166, 86 The B r itis h denied t h a t A rtic le I covered slav es on sh ip s, even i f the ships were in American w aters, when peace f i n a l ly came. • The Americans in s is te d t h a t i t d id apply to those on sh ip s. A fter se v e ra l y ears the two c o u n tries subm itted t h i s q u estio n to th e Czar of R ussia who decided in favor of th e Americans. In 1826, the B r itis h agreed to pay 1 $1,200,000 to q u ie t American claim s fo r th e lo s s of th ese slav es. The American commissioners had been given th e a u th o rity to n e g o tiate commercial agreement w ith England a f t e r the Treaty of Ghent had been r a t i f i e d . Clay and G a lla tin were the American re p re s e n ta tiv e s , while Goulburn, Dr. Adams, and S ir F. J. Robinson were th e B ritis h d eleg ates. They f i r s t met in London in A p ril, 1815. G a lla tin and Clay hoped to p u t in to t h i s tr e a ty the m aritim e p r in c ip le s , including p ro h ib itio n of impressment, which had been re je c te d a t Ghent. t h i s th e B r itis h would have no p a r t. But of The f i n a l tr e a ty r a t i f i e d on Ju ly 3, 1815 continued th e commercial a r t i c l e s of Ja y ’s o ld Treaty of 179^9 which had expired in 1807. I t provided fo r freedom of commerce between th e United S ta te s of America and Great B r ita in ’s European possessions (but n o t th e B r itis h West Indies or B r itis h North America) re c ip ro c a lly on the same terms as B ritis h n a tio n a ls . The American p le n ip o te n tia rie s in London d id not agree a t a l l w ith th e B r itis h p lan th a t only an enumerated l i s t of American products could be imported in to th e B r itis h West In d ies and B r itis h North America. 1, Bemis, John Quincv Adams and th e Foundations of American Foreign P o licy , pp. 231-232. 87 And th ese c e r ta in a r t i c l e s could be tra n sp o rte d only in B r itis h sh ip s= Thus, the B r itis h enjoyed a tria n g u la r tra d e from Great B rita in to the United S ta te s to th e West In d ies and back? w hile the Americans were r e s t r i c te d to th e d ir e c t trad e between the U nited S ta te s and Great 1 B rita in , There was a lso p rovision in t h is commercial agreement in 1815 fo r consuls in each o th e r’s dominions, and a p ro h ib itio n of d iscrim in atin g d u tie s by e ith e r p a rty a g a in st the commerce and ships 2 of th e o th er. The tr e a ty of commerce was accepted in both co u n tries w ith a minimum of comment. At any r a t e , tra d e between the two c o u n tries grew and continued to prosper during th e coming y e a rs. In A p ril, .181? th e Rush=»Bagot Agreement solved a problem th a t th e Americans had been attem pting to solve since th e Treaty of 1?83; th e d e m ilita riz a tio n of th e American-Canadian f r o n tie r . During th a t y ear an exchange of notes between Richard lu s h , A cting=Secretary of S ta te , and Charles Bagot, B r itis h M in ister a t Washington, s tip u la te d th a t n e ith e r the United S ta te s nor Great B rita in should m aintain any armed naval fo rce s on th e Great Lakes except sm all c u tte r s , "In th is arrangement the in te r e s ts of th e two governments a re m utually promoted ==> and mazy occasions of c o llis io n and jealousy avoided. It saves a g re a t expence to both? and i s , b e sid e s, an evidence of confidence and good w ill which i t i s th e i n te r e s t of b o th to prom ote," 3 Another problem had been solved, and t h i s agreement i s s t i l l in e ff e c t today. 1, B angerfield, p, 12, 2. 3» American S ta te P apers; Foreign R e la tio n s, Volume VI, p, 640, M iles, Volume XU , p, 398, 88 The boundary question was one th a t tro u b led Anglo-American r e la tio n s fo r se v e ra l decades» I t was in 1817 th a t the a r b i t r a l commission appointed under A rtic le I ? of the Treaty of Ghent fo r the isla n d s in Passamaquoddy Bay and Grand Manan Isla n d in th e Bay of Punc^r made i t s d e cisio n . I t awarded in the same y e a r, Moose Isla n d , Dudley Isla n d , and F rederick Isla n d to th e U nited S ta te s , and a l l the o th er isla n d s in Passamaquoddy Bay as w ell as Grand Manan to Great B rita in , However, i t was not u n t i l 1910 th a t a tr e a ty w ith Great B rita in was r a t i f i e d to remove u n c e rta in ty concerning the boundary lin e in Passamaquoddy Bay, X On October 20 the n e g o tiatio n s leading to the Convention of 1818 between the United S ta te s and Great B rita in got under way in London, These n e g o tia tio n s involved the northw est boundary controversy which had been a problem since 1783, G a lla tin , American M inister to France, and Richard Rush, American M inister to Great B rita in , proposed to extend th e boundary from the Lake of the Woods westward to the P a c ific Ocean along th e lin e of the fo r ty -n in th p a r a l le l o f n o rth la titu d e . But Great B rita in would not agree to t h i s in 1818 because she d id n o t want to give up her claim s to th e Oregon t e r r i t o r y . So, in A rtic le I I of th e Convention i t was s tip u la te d th a t the lin e of fo rty -n in th p a r a lle l o f n o rth l a titu d e should be the boundary of the United S ta te s and B r itis h North America westward from th e Lake of the Woods to th e Stony (Rocky) Mountains, 1, At t h i s time i t was agreed " th a t Malloy, Volume I I I , p, 2617, th e country on the northw est c o a st, claim ed by e ith e r p a rty , should, w ithout p reju d ice to th e claim s of e ith e r , and fo r a lim ite d time | te n y e a rs 1 be opened f o r the purpose of tra d e to th e in h a b ita n ts 1 of bo th c o u n trie s, 11 A problem t h a t had caused much debate and argument a t Ghent was again brought to the conference ta b le in 1818; i t was th e f is h e r ie s . At the beginning of the d iscu ssio n s the B r itis h demanded th e r i g h t of n a v ig a tio n of the M ississip p i in re tu rn f o r a renewal of fish in g l i b e r t i e s , b u t abandoned th a t demand. F in a lly , th e B ritis h granted a permanent extension of the fis h in g l ib e r ty to U nited S ta te s c itiz e n s "forever" in common w ith B r itis h su b je cts on th e follow ing c o a sts : th e southern co ast of Newfoundland from Gape Bay to the Rameau Isla n d s, and on th e w estern and n o rth e rn co asts from Cape Bay to the Ouirpon Isla n d s; on the shores of th e Magdalen Isla n d s, and on 2 th e c o a st of lab rad o r frcm Mount Joly northward in d e fin ite ly . A lso, the c itiz e n s of th e United S ta te s were to enjoy the l ib e r ty fo rev er to dry and cure f i s h on the u n s e ttle d shores of Labrador and southern Newfoundland, The United S ta te s , in tu rn , renounced other l i b e r t i e s prev io u sly claimed. This Convention of 1818 was a m ilestone in improving r e la tio n s between Great B r ita in and the United S ta te s , Another problem between the two c o u n tries had been solved. The commissions s e t up by the T reaty of Ghent d id n o t fin d an easy so lu tio n to the boundary problems. p , 642, 1, Malloy, Volume I , p, 632, 2, American S ta te P apers: The Fassamaquoddy Bay area Foreign R e la tio n s, Volume VI, controversy9 was s e ttle d by i t s commission in 1817? t h i s took care of A rtic le 17 of the Treaty, The commission appointed under A rtic le V d id n o t complete i t s survey of the n o rth e a ste rn boundary u n t i l 1820, b u t when t h is ta s k had been completed they s t i l l could reach no compromise. The B r itis h claim involved the s a c r if ic e of a la rg e area of what th e Americans considered American so ils th e re fo re , th e ) commission became deadlocked in 1822, In 1827, in accordance w ith th e Treaty, th e case was subm itted fo r a r b itr a tio n to the King of th e N etherlands, Feeling th a t he lacked inform ation to decide on the m erits of th e a c tu a l p o in ts in d isp u te , the a r b itr a to r proposed a compromise in 1831 which divided the t e r r i t o r y in to two roughly equal p a rts . Both p a r tie s r e a lis e d t h a t the King had overstepped h is bounds, b u t in the beginning both th e United S ta te s and Great B rita in were prepared to accept i t . The big o b jectio n , however, came from th e c itiz e n s of Maine who were n o t disposed to give up ary of th e i r t e r r i t o r y . P resid en t Jackson asked th e Senate fo r advice, they advised a g a in st accepting the reward, and th u s the m atter was to remain unsolved f o r a l i t t l e over a decade. The commission appointed under A rtic le 71 fo r the r i v e r and lake boundary between the S t, Lawrence River and Lake Huron worked out an agreement on t h i s lin e b j 1822, I t was accepted now because th e area had been com pletely surveyed. The commission th a t had been appointed under A rtic le VI was supposed to consider the m atters under A rtic le VII a f t e r they had disposed of the previous problems. The boundaries in A rtic le VII of the Treaty were from the w estern end o f Lake Huron to th e northernm ost p o in t of th e Lake of th e Woods, The surveying o f t h is t e r r i t o r y la s te d u n t i l 1826, b u t th e commission proved unable to reach a d e cisio n , leaving th e d e lin e a tio n of t h i s p a rt of the boundary to be decided by th e Webster-AsKburton Treaty of 1842, A p a rt of the boundary, then, had been defined, b u t boundary problems remained to c a s t a shadow over Anglo-American r e la tio n s during th e 1830 1s and 18408s . I t was probably fo rtu n a te fo r th e U nited S ta te s th a t the Maine and Oregon boundaries were n o t f i n a l ly s e ttle d u n t i l 1842 and 1846 re s p e c tiv e ly . In the y ears between 1820 and 1840 American c itiz e n s in in creasin g numbers moved in to th ese d isp u ted areas strengthening American claim s to both a re a s. Thus i t was th a t the T reaty of Ghent which solved none of the outstanding 1, The lin e began a t th e f o r t y - f i f t h p a r a lle l a t the S t, Lawrence R iver; went southwest to Lake O ntario; through the c en ter of Lake O ntario u n t i l i t came to the body of w ater connecting i t w ith Lake E rie; then south through the c e n te r of the Niagara River u n t i l i t emptied in to Lake E rie , The lin e continued through the c en te r of Lake E rie u n t i l i t came to th e body of w ater t h a t separated Lakes E rie and Huron. The lin e went n o rth through th e c e n te r of the D e tro it R iver, through the c en te r of Lake S t. G la ir, through the c e n te r of the S t, C la ir River and then through th e c en ter o f Lake Huron u n t i l i t reached th e westernmost p o in t of the la k e . This boundary settlem en t was very sim ila r to th e one suggested a t Ghent, issu e s between th e United S ta te s and Great B rita in provided both the time and th e machinery through which th ese problems could be amicably, resolved through the p eacefu l channels of diplomacy. LIST OF REFERENCES DOCUMENTS American S ta te Paperso . Boston, Thomas B» Wait, 1819; Washington, Gales and Seaton 38 Volumes, Vols. I l l , IV, V, VI, 1832. Annals of Congress of th e United S ta te s » Washington, Gales and Seaton, P u b lish e rs, I 8560 Malloy, W illiam M., com piler. T re a tie s „ Conventions, In te rn a tio n a l A cts, P rotocols and AgreementsT~T7T6IXfO^. '"W shingt'on/ Governraent P rin tin g O fH ceTTV olum es, Vols. I , I I , I I I , 1910. BOOKS Adams, Henry. H istory o f the United S ta te s during th e A dm inistrations oY ^ e fre rs o h and~lia3isoh. "New"'f^%AntjSuaHTan '^ e s sT L td ., 9 Volumes, Vols. H , IX, 1891-1896," Adams, Henry. •The L ife of A lb ert G a lla tin . 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