actuates mankind, will they go thither when they know they cannot enjoy the privilege of navigating that river, or find a ready market for their produce? There is a majority of states which look forward with anxiety to the benefits of the commercial project with Spain. In the course of the Spanish negotiation, our delegation thought of a project which would be accommodated to their particular interest. It was proposed, by way of compromise, as being suitable to the interest of all the states, that the Spanish crown should make New Orleans a general depository, and that the growth of the American states should be sent down for the use of the Spanish troops; Spain being obliged to foreign nations for provisions. This was throwing out a lure to the Eastern States to carry the produce of that whole country. But this temptation did not succeed. It was thought no object in their view, when greater objects presented themselves.
It was alleged that the emigration from the Eastern States will have the same effect as emigration from this country. I know every step will be taken to prevent emigration from thence, as it will be transferring their population to the Southern States. They will coincide in no measure that will tend to increase the weight or influence of the Southern States. There is, therefore, a wide line of distinction between migrations from thence and from hence.
But we are told, in order to make that paper acceptable to the Kentucky people, that this high act of authority cannot, by the law of nations, be warrantable, and that this great right cannot be given up. I think so also. But how will the doctrine apply to America? After it is actually given away, can it be reclaimed? If nine states give it away, what will the Kentucky people do? Will Grotius and Puffendorf relieve them? If we reason what was done—if seven states attempted to do what nine states ought to have done—you may judge of the attention which will be paid to the law of nations. Should Congress make a treaty to yield the Mississippi, that people will find no redress in the law of nations.
But, says he, Massachusetts is willing to protect emigration. When the act of Congress passed respecting the settlement of the western country, and establishing a state there, it passed in a lucky moment. I was told that that state was extremely uneasy about it; and that, in order to retain her
