But since it has come before the committee, and they desire to develop the subject, I shall stand excused for mentioning what I know of it. My honorable friend gave a very just account of it, when he said that the Southern States were on their guard, and opposed every measure tending to relinquish or waive that valuable right. They would not agree to negotiate, but on condition that no proposition whatever should be made to surrender that great right. There was a dispute between this country and Spain, who claimed one half of Georgia, and one half of Kentucky, or, if not that proportion, a very considerable part, as well as the absolute and exclusive navigation of the Mississippi. The Southern States thought that the navigation of the Mississippi should not be trusted to any hands but those in which the Confederation had placed the right of making treaties. That system required the consent of nine states for that purpose. The secretary for foreign affairs was empowered to adjust the interfering claims of Spain and the United States with the Spanish minister; but, as my honorable friend said, with an express prohibition of entering into any negotiation that would lead to the surrender of that river. Affairs continued in this state for some time. At length a proposition was made to Congress, not directly, but by a side wind. The first proposal was, to take off the fetters of the secretary. When the whole came out, it was found to be a proposal to cede the Mississippi to Spain for twenty-five or thirty years, (for it was in the disjunctive,) in consideration of certain commercial stipulations. In support of this proposal, it was urged that the right was in him who surrendered; and that their acceptance of a temporary relinquishment was an acknowledgment of our right, (which would revert to us at the expiration of that period,) that we could not take by war: that the thing was useless to us, and that it would be wise and politic to give it up, as we were to receive a beneficial compensation for that temporary cession. Congress, after a great deal of animosity, came to a resolution which, in my opinion, violated the Confederation. It was resolved, by seven states, that the prohibition in the secretary's instruction should be repealed; whereby the unrepealed part of his instructions authorized him to make a treaty, yielding that inestimable navigation, although, by the Confederation, nine states were necessary to concur in the formation of a treaty!
