With discouraging news from home, the seat of government taken, and the Capitol burned, the Eastern States opposing the war and threatening to withdraw from the Union, and his fellow commissioners in the despondent mood evidenced by the above-quoted letters,--it is amazing that Clay, whom some historians have called a compromiser by nature, opposed any and all concessions and wished that the war should go on.
By the third article of the treaty of 1783 it was agreed that citizens of the United States should not fish in the waters or cure fish on the land of any of the maritime provinces north of the United States after they were settled, without a previous agreement with the inhabitants or possessors of the ground.
By the eighth article of the same treaty, it was agreed that the navigation of the Mississippi River should _ever_ remain free and open to the subjects of Great Britain and the United States. It was then supposed that the British Canadian possessions included the head-waters of this river. By the Jay treaty of 1794 this was confirmed, and "that all ports and places on its eastern side, to whichsoever of the parties belonging, might be freely resorted to and used by both parties." At this time Spain possessed the sovereignty of the west side of the river, and both sides from its mouth to 31° north latitude. The United States acquired by the Louisiana purchase of 1803 all the sovereignty of Spain which had previously been acquired by France.
Gallatin proposed to insert a provision for the renewal to the United States of the rights in the fisheries, and as an equivalent to give to Great Britain the right to the navigation of the Mississippi River. This was favored by Gallatin, Adams, and Bayard, and opposed by Clay and Russell. Mr. Clay, seeing that he was in a minority, stated that he would affix his name to no treaty which contained such a provision. After his firm stand Mr. Bayard left the majority. Clay's "obstinacy" in opposing concessions is well shown in Mr. Adams's Journal:--
"To this last article [the right of the British to navigate the Mississippi River] Mr. Clay makes strong objections. He is willing to leave the matter of the fisheries as a nest-egg for another war.... He considers it a privilege much too important to be conceded for the mere liberty of drying fish upon a desert, but the Mississippi was destined to form a most important part of the interests of the American Union.... Mr. Clay, of all the members, had alone been urgent to present an article stipulating the abolition of impressment. Mr. Clay lost his temper, as he generally does whenever the right of the British to navigate the Mississippi is discussed....