America should show a disposition to comply with the treaty on her part, Great Britain would do the same. By this Constitution, treaties will be the supreme law of the land. The adoption of it, therefore, is the only chance we have of getting the western posts.
As to the navigation of the Mississippi, it is one of the most unalienable rights of the people, and which ought to be relinquished on no consideration. The strength of the western people is not adequate to its retention and enjoyment. They can receive no aid from the Confederation. This navigation can only be secured by one of two ways—by force or by treaty. As to force, I apprehend that the new government will be much more likely to hold it than the old. It will be also more likely to retain it be means of treaties; because, as it will be more powerful and respectable, it will be more feared; and as they will have more power to injure Spain, Spain will be more inclined to do them justice, by yielding it, or by giving them an adequate compensation.
It was said that France and Spain would not be pleased to see the United States united in one great empire. Shall we remain feeble and contemptible to please them? Shall we reject our own interest to protect theirs? We shall be more able to discharge our engagements. This may be agreeable to them. There are many strong reasons to expect that the adoption of this system will be beneficial to the back country, and that their interest will be much better attended to under the new than under the old government. There are checks in this Constitution which will render the navigation of the Mississippi safer than it was under the Confederation. There is a clause which, in my opinion, will prohibit the general government from relinquishing that navigation. The 5th clause of the 9th section of the 1st article provides "that no preference shall be given, by any regulation of commerce or revenue, to the ports of one state over those of another." If Congress be expressly prohibited to give preference to the ports of one state over those of another, there is a strong implication that they cannot give preference to the ports of any foreign nation over those of a state. This will render it unconstitutional to give Spain a preference to the western country in the navigation of that river. They may say that this is a constrained construction, but it appears to me rational. It would be a violation of true policy to give such a
