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Subject Area: Political Theory

GALLATIN TO HENRY CLAY. - Albert Gallatin, The Writings of Albert Gallatin, vol. 2 [1879]

Edition used:

The Writings of Albert Gallatin, ed. Henry Adams (Philadelphia: J.B. Lippincott, 1879). 3 vols.

Part of: The Writings of Albert Gallatin, 3 vols.

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GALLATIN TO HENRY CLAY.

No. 119.

London, 26th September, 1827.

Sir,—

At our last conference, which took place yesterday, the British plenipotentiaries took up the subject of the “Nine Articles.”

They reiterated the declaration, which they had already intimated, that their government could not accede to the proposal of a mutual surrender of fugitive slaves taking refuge in any part of America within the dominions of the other party. When the proposal was first mentioned, I had thought, perhaps erroneously, that it was not unfavorably received, and that the objections applied only to the mode of execution. The reason alleged for refusing to accede to a provision of that kind is that they cannot, with respect to the British possessions where slavery is not admitted, depart from the principle recognized by the British courts, that every man is free who reaches British ground. I do not believe that there has been any decision extending that principle to Canada and other provinces on the continent of North America; and I do not know whether the fact is strictly correct that slavery is forbidden in Canada. But it has been intimated to me informally that such was the state of public opinion here on that subject that no Administration could or would admit in a treaty a stipulation such as was asked for. No specific reason has been entered on the protocol by the British plenipotentiaries.

They further stated that, one of the most material articles having been rejected (the second), and the two governments not being agreed on several of the others, they did not consider the subjects embraced by the articles to be of sufficient importance or urgency to be the subject of a separate convention.

I observed that most of the amendments I had proposed had been offered only for consideration and as improvements of the original propositions made by Great Britain; that, if not viewed in that light by her, I would not be tenacious, and that, as there were only two on which I was instructed to insist, and these such as I was sure would not be rejected, there would be no difficulty if the apparent disagreement on some points was the only objection.

They then said that they really did not think it worth while to make a convention for such purposes only as the articles embraced; that most of the provisions therein contemplated (Articles 3 to 8) were such as would, between Great Britain and the United States, be naturally acted on without a treaty; and that when the propositions had been made in 1824, it had been with the expectation that they would be appended to a convention embracing more important objects.

Although the reasons assigned did not in every respect appear conclusive, I could but acquiesce in the determination of the British plenipotentiaries.

I have the honor, &c.