the states, or any of them? Eight or ten months elapsed without any communications of its progress to Congress. At length a letter was received from the secretary, stating that difficulties had arisen in his negotiation with the representative of Spain, which, in his opinion, should be so managed, as that even their existence should remain a secret for the present; and proposing that a committee be appointed, with full power to direct and instruct him in every case relative to the proposed treaty. As the only ultimata in his instructions respected the Mississippi and the boundaries, it readily occurred that these occasioned the difficulties alluded to, and were those he wished to remove. And for many reasons this appeared, at least to me, an extraordinary proposition. By the Articles of Confederation, nine states are necessary, to enter into treaties. The instruction is the foundation of the treaty; for, if it is formed agreeably thereto, good faith requires that it be ratified. The practice of Congress hath also been always, I believe, in conformity to this idea. The instructions under which our commercial treaties have been made were carried by nine states. Those under which the secretary now acted were passed by nine states. The proposition then would be, that the powers which, under the Constitution, nine states only were competent to, should be transferred to a committee, and the object, thereby to disengage himself from the ultimata already mentioned in his existing instructions. In this light the subject was taken up, and on these principles discussed. The secretary, Mr. Jay, being at length called before Congress to explain the difficulties mentioned in his letter, presented to their view the project of a treaty of commerce, containing, as he supposed, advantageous stipulations in our favor, in that line; in consideration for which, we were to contract to forbear the use of the navigation of the River Mississippi for the term of twenty-five or thirty years; and he earnestly advised our adopting it.
The subject now took a decided form : there was no further ambiguity in it; and we were surprised, for reasons that have been already given, that he had taken up the subject of commerce at all. We were greatly surprised that it should form the principal object of the project, and that a partial or temporary sacrifice of that interest, for the advancement of which the negotiation was set on foot should
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