John Quincy Adams Digital Diary

14. V.— Began upon the Journal of the day before yesterday, and wrote until eleven, the hour of our Mission Meeting, which was again held in my chamber. I had proposed several alterations, chiefly erasures from Mr Gallatin’s new draft of the Note to the British Plenipotentiaries. The most important was one in which he expressed our willingness to agree to an Article for negotiating hereafter concerning the Mississippi Navigation, and the American liberties in the fisheries, provided our claim to those liberties, by our Construction of the Treaty of 1783 should be in no wise considered as impaired thereby— Mr Bayard had proposed an additional amendment stating that we were 194forbidden by our Instructions to enter upon a discussion respecting the fisheries— I had intended to propose the same amendment, but omitted it merely from an apprehension that it would not be adopted— I supported that proposed by Mr Bayard; but he himself did not, and it was not admitted— The passage which I wished to be stricken out was also retained, and others inserted expressly and explicitly with the view ultimately to give up the point if necessary— I contended for Mr Bayard’s amendment and for erasing the passages which I thought objectionable, as long as argument could have any effect— Mr Russell at length said that he would insist for the fisheries as long as possible; but he would sooner give them up than continue the War for them— I appealed again to our Instructions, and shewed them to him— He said he understood them as referring only to the general right; and not to the liberties within the British Jurisdiction. I asked him how they would be construed by our Country men after we should have given them up? He said he supposed some would construe them as I did, and some as he did. He supposed there would be a great clamour about it; but that must be disregarded. He believed it more for the interest of the Country to give up the point rather than continue the War to maintain it— I finally told my Colleagues, that I saw the difference between them and me was that they had determined ultimately to give up the point and I had not. I believed the ground we had originally taken to be good and solid.— I could make no distinction between the different Articles of the Treaty of 1783. If I admitted this day that a half of one of its Articles was abrogated by the War, I should give the enemy an argument to say to-morrow that the other half is abrogated equally— If we gave up the Liberty to day we might be called to give up the right to-morrow— Our Instructions were in general terms— They authorised no such distinction as that now made; and no new Instruction concerning the fisheries has been given us since our Government knows the pretension of Great-Britain— Mr Gallatin said he had always thought our ground upon that point untenable—that I had now almost a majority against me; and he did not wish we should commit ourselves to any thing precluding us from abandoning our ground at last.— Mr Russell said that he considered every thing of a permanent Nature, and founded on natural right in the Treaty of 1783. as not affected by a subsequent War; but privileges granted by the Treaty, and which we should not have enjoyed without it, he thought were abrogated by War— I said there was no grant of new privileges in the Treaty— The liberties as well as the rights were merely a continuation of what had always been enjoyed— It was necessary for the fishermen to go to the parts of the coast frequented by the fish, and when by the Independence of the United States it became a foreign Jurisdiction, we had a right to reserve the liberty of continuing to fish there, and the circumstance of the Jurisdiction alone occasioned the change of the expression— Mr Clay said he did not wish to make up his mind upon the subject, untill it should be absolutely necessary. He saw we should make a damned bad Treaty, and he did not know whether he would sign it or not— But he could draw in five minutes an Article agreeing to negotiate concerning the Mississippi and the fisheries, without impairing our claim to them by the Treaty of 1783. he drew an Article accordingly, which I read and told him I had no other objection to it than that it would be instantly rejected by the British Plenipotentiaries— I further said that as they were all determined at last to yield the fishery point I thought they were wrong not to give it up now, and sign the Treaty without another reference to England; as well as without my signature— I could not sign it, because I could not consent to give up that point— But if I were of their opinion, I would make sure of the Treaty now— They were setting every thing afloat by another reference; and it was errant trifling to be still cavilling about a point upon which they had resolved ultimately to yield— They said they preferred making one effort more; and the Note was adjusted and given to Mr Hughes to be copied fair and taken to the British Plenipotentiaries— We adjourned from half past one to half past three O’Clock, when we met again at my chamber, and signed the Note— Mr: Russell came in after the rest of us had signed and when Mr Hughes had already gone in search of him— I told him again I thought they were wrong in not making sure of the Treaty now if they had resolved to give up the fishery question at last— I said I felt myself under peculiar obligations to defend this interest, besides those, incumbent upon the other members of the Mission. He said he supposed it was because my father had obtained them before— I said I could not be insensible to that consideration; but that was not all— It was an interest in which the people of Massachusetts were exclusively concerned— As a Citizen of Massachusetts I owed a duty to the State, distinct from that which we all owed to it as a member of the Union— I was called upon to make a double sacrifice, both in this and the Moose-Island question, and it had placed me in one of the most painful dilemmas I had ever experienced. He said he was now a Citizen of Massachusetts also; though 195though he was not born there— That he should yield upon these points with extreme reluctance, and should be sorry to lose my signature to the Treaty— But he did not think we could continue the war, for them.— Mr Hughes carried the Note, and Mr: Baker wrote him a Note in the Evening to say that it had been referred to England— We all dined with Mr Irving at the Hotel des Pays-Bas; excepting Messrs: Bayard, Hughes, and James Gallatin, who dined with Mr d’Hane Dons— We had at Mr Irving’s a company of 25 Gentlemen— Mr Meulemeester told me that the Hanoverian Officers, the other day at the Concert-Redoute had received an order to leave the Hall, when Hail Columbia should be played— But after the Concert had begun, they had in the Hall itself a counter-order, and stayed.— Meulemeester also said to me that coming to Europe had been of great service to Mr Clay— Un Siècle en arrière, said he, n’est ce pas?— I did not confirm him in his opinion— From Mr Irving’s I went and passed the Evening with Mrs Smith; and found Madam de la Poterie with her— Home between nine and ten.