History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
opposed all surrender of the right.[333]
In this posture of affairs, Mr. Jay proposed to Congress a middle
course. Believing, as Washington continued to believe,[334] that the
navigation of the Mississippi was not at that time very important, and
that it would not become so for twenty-five or thirty years, he
suggested that the treaty should be limited to that period, and that one
of its articles should stipulate, that the United States would forbear
to use the navigation of the river below their territories to the ocean.
It was supposed that such a forbearance, carrying no surrender of the
right, would, at the expiration of the treaty, leave the whole subject
in as favorable a position as that in which it now stood. Besides, the
only alternative to obtaining such an article from Spain was to make war
with her, and enforce the opening of the river. The experiment, at
least, it was argued, would do no injury, and might produce much
good.[335]
These arguments prevailed, so far as to cause a change in Mr. Jay's
instructions, by a vote, which was deemed by him sufficient to confer
authority to obtain such an article as he had suggested, but which was
clearly unconstitutional. Seven States against five voted to rescind the
instructions of August 25, 1785, by which the Secretary had been
directed to insist on the right of navigation, and not to conclude or
sign any treaty until he had communicated it to Congress.[336] Mr. Jay
accordingly agreed with the Spanish Minister on an article which
suspended the use of the Mississippi, without relinquishing the right
asserted by the United States.[337]
While these proceedings were going on, and before the vote of seven
States in Congress had been obtained in favor of the present suspension
of this difficult controversy, an occurrence took place at Natchez,
which aroused the jealousy of the whole West. A seizure was made there,
by the Spanish authorities, of certain American property, which had been
carried down the river for shipment or sale at New Orleans.[338] The
owner, returning slowly in the autumn to his home, in the western part
of North Carolina, by a tedious land journey through Kentucky, detailed
everywhere the story of his wrongs and of the loss of his adventure. The
news of this seizure, as it circulated up the valley from below,
encountered the intelligence coming from the eastward, that Congress
proposed to surrender the present use of the Mississippi. Alarm and
indignation fired the whole population of the Western settlements. They
believed themselves to be on the point of being sacrificed to the
commercial policy of the Atlantic States; and, feeling that they stood
in the relation of colonists to the rest of the Union, they held
language not unlike that which the old colonies had held towards
England, in the earlier days of the great controversy.
Public-domain text, read in full here on John Shaqi.
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