only by absolute necessity. Exclusive, then, sir, of any consideration which arises from the particular system of American politics, the guard established against the exercise of this power is by far too slender.
The President, with the concurrence of two thirds of the Senate present, may make a treaty, by which any territory may be ceded, or the navigation of any river surrendered; thereby granting to five states the exercise of a right acknowledged to be the highest act of sovereignty—to fifteen men, not the representatives of the country to be ceded, but, as has already happened, men whose interest and policy it may be to make such surrender. Admitting, for a moment, that this point is as well guarded by the proposed plan as by the old Articles of Confederation, (to which, however, common sense can never assent,) have we not already had cause to tremble, and ought we not to guard against the accomplishment of a scheme to which nothing but an inattention to the general interest of America, and a selfish regard to the interest of particular states, could have given rise? Surely, sir, we ought; and since we have already seen a diabolical attempt made to surrender the navigation of a river, the source of which is as yet unknown, and on which depends the importance of the southern part of America; since we have every reason to believe that the same principle which at first dictated this measure, still exists, and will forever operate; it is our duty—a duty which we owe to ourselves, which we owe to the southern part of America, and which we owe to the natural rights of mankind—to guard against it in such manner as will forever prevent its accomplishment. This, sir, is not done by the clause, nor will it rest on that sure footing which I wish, and which the importance of the subject demands, until the concurrence of three fourths of all the senators shall be requisite to ratify a treaty respecting the cession of territory, the surrender of the navigation of rivers, or the use of all the American seas.
That sacred palladium of liberty, the freedom of the press, (the influence of which is so great that it is the opinion of the ablest writers that no country can remain long in slavery where it is unrestrained,) has not been expressed; nor are the liberties of the people ascertained and protected by any declaration of rights; that inestimable privilege, (the most important which freemen can enjoy,) the trial by jury in all
