tional question arose to this effect: "Nine states being necessary, by the federal Constitution, to give an instruction, and seven having repealed a part of an instruction so given, for the formation of a treaty with a foreign power, so as to alter its import, and authorize, under the remaining part thereof, the formation of a treaty, on principles altogether different from what the said instruction originally contemplated,—can such remaining part be considered as in force, and constitutionally obligatory?" We pressed on Congress for a decision on this point often, but without effect.
Notwithstanding this, I understood it was the intention of the secretary to proceed, and conclude a treaty, in conformity to his project, with the minister of Spain. In this situation I left Congress. What I have since heard belongs not to me to discover. Other gentlemen have more complete information of this business, in the course it has taken, than I can possibly have been able to obtain; for having done my duty whilst there, I left it for others who succeeded me to perform theirs, and I have made but little further inquiry respecting it. The animated pursuit that was made of this object, required, and, I believe, received, as firm an opposition. The Southern States were on their guard, and warmly opposed it. For my part, I thought it my duty to use every effort in Congress for the interest of the Southern States. But so far as depended on me, with my official character it ceased. With many of those gentlemen, to whom I always considered it as my particular misfortune to be opposed, I am now in habits of correspondence and friendship, and I am concerned for the necessity which has given birth to this relation.
Whether the delegates of those states spoke the language of their constituents—whether it may be considered as the permanent interest of such states to depress the growth and increasing population of the western country—are points which I cannot pretend to determine. I must observe, however, that I always supposed it would, for a variety of reasons, prove injurious to every part of the confederacy. These are well understood, and need not be dilated on here. If, however, such should be the interest of seven states, let gentlemen contemplate the consequences in the operation of the government, as it applies to this subject. I have always been of opinion, sir, that the American states, as to all national objects, had, in every respect, a common interest. Few per-
