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
The people of the Western country, however, began to form committees of
correspondence, in order to unite their counsels and interests.[342] The
inhabitants of Kentucky sent a memorial to the General Assembly of
Virginia, which induced them to instruct their delegates in Congress to
oppose any attempt to surrender the right of the United States to the
free use of the Mississippi, as a dishonorable departure from the
comprehensive and benevolent feeling that constituted the vital
principle of the Confederation, and as provoking the just resentment and
reproaches of the Western people, whose essential rights and interests
would be thereby sacrificed. They also instructed their delegates to
urge such negotiations with Spain as would obtain her consent to
regulations for the mutual and common use of the river.[343] The members
from Virginia, with one exception, concurred in the policy of these
instructions,[344] and at first addressed themselves to some
conciliatory expedient for obviating the effect of the vote of seven
States.
They first represented to Guardoqui that it would be extremely
impolitic, both for the United States and Spain, to make any treaty
which should have the effect of shutting up the Mississippi. They stated
to him, that such a treaty could not be enforced; that it would be the
means of peopling the Western country with increased rapidity, and would
tend to a separation of that country from the rest of the Union; that
Great Britain would be able to turn the force that would spring up there
against Spanish America; and that the result would be the creation of a
power in the valley of the Mississippi hostile both to Spain and the
United States. These representations produced no impression. The Spanish
Minister remained firm in the position which he had held from the first,
that Spain never would concede the claim of the United States to
navigate the river. He answered, that the result of what had been urged
was, that Congress could make no treaty at all, and consequently that
the trade of the United States must remain liable to be excluded from
the ports of Spain.[345]
Foiled in this quarter, the next expedient, for those who felt the
necessity of preventing such a treaty as had been contemplated, was to
gain time, by transferring the negotiation to Madrid; and Mr. Madison
introduced a resolution into Congress for this purpose, which was
referred to the Secretary for Foreign Affairs.[346] In a few days, the
Secretary reported against the proposal, and nothing remained for the
opponents of the treaty, but to attack directly the vote of seven
States, under which the Secretary had acted in proceeding to adjust with
the Spanish Minister an article for suspending the right of the United
States to the common use of the river below their southern boundary.
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