NAVIGATION OF THE VMISSI S I P P L Cc.xcx-ssof the United SrtTESi In Senate, May the ljtK, 1794. Mr. Eli fourth, from the Committee to whom was referred certain refwluti ons moved for the 15th of April lad by the Senators of Kentucky relating to the navigation of the Miffifippi, and trie negotiation- at the court of Spain, reported, " That ;n the negociation now car rying on at Madrid between the United States and Spain, the right of" ihtf for- 7 lcr , t .° '' le f ree navigation ofthe miffi fippi is well asserted and an795' tef Sm, I was duly honored with your favor ? 0 ' ofthe 21 (I of January, in answer to '? E mine ofthe 16th ofthe fame month, and in conformity to the plan I took do* the liberty tofuggeft, which you have but been plcafed to approve—! (hall now the proceed to make to you the communi- off cations wi;h which 1 am charged. ft 'P so preferring to public view, the o- pr ° tigrn and progress of the negociation •now depending between the United, alar States of America And the court of Ma- the drid, refpeftingthe navigation ofthe th « Miffifippi, it may not be irrelevant, to dert take a rctrofpe&ive survey of the con- pedi duct of the fpanilh government, tow ards the United States, at that peri od of their late war with Englaad, pofn when the American revolution began fent< more interestingly to at trad theattenti- not on of the nations «f Europe By re . on tl voting to that jiinflure of our affairs, ™ en , it will icadily occur to every recclietling •, mind, that the condua ofthe Spanish court was more hike-warm, and distant navi, towards the American states. than that time of any European power who from p, i„. to th ciples of long eKablifhed enmity and ablc rivalfliip, was equally inteterted in the mufl difmemherment, and confeqiient debili 7'' ty of the British empire—and altho' under the famsiyTofflpfliS of the house fed e of Bourbon, that nation, in 1778, en . Ame tered into the war against England, as t't' or the ally and afforiat-of France, yet'fhe C made no formal recognition of the in dependence ofthe United States ; and fa"' neither in the origin, or termination «f diflio the war did (hr f«em to pay the lead re- whic gard to tVe political interefli of (ronfe- progi derated America. Whether this cold iolne condudt 011 the part ofSpain, proceeded from the difeordaney of the principles ? of her government, from those which "hew produced 1 not material at this day to enquir. ; fio ?' : Eut t 1 is 1 believe, i s a fa&, that al- raUon thong Congrefj kept an agent with | " corrpetent power?, at the Court of Ma- joe." ' and to herfelf. inter- Bat we were relived from this delicate ition, r fture , of , our a ! Tai !' s > refpea to »rmlv k r arr,val New-York, the ' Z - Congress, of Don Diego de ?, >1 the Cardoqui, ,n quality of AmbalTador from i ; and that court, some time in the i'pring of pur 1785, about two years after the peace at p ipted 131 I s - fhis gentleman having had his lrior- 3 " d . 1e J 1 5 c ' and produced his credentials, by ' which U a ppeared, that he was inverted „ with authority to treat with the United Stales, on the fubjedt of commercial ar : the rangements; Congress without delay, ap- f and pointed John Jay, Esq. their secretary ° r obe . foreign affairs, to enter into the negoci the ation with him. Being specially enjoined ?! ■ ex- m ? ke r,^ht of the lJ States to „ .ited r . 1° f " ,£ Miffifi PPi- from its £ fouice to the ocean, the leading feature of : n 3je« any treaty, which (lumld be entered into ? ihlt- between the contracting parties. This claim of the United States was S r ° brought forward, and pressed, at a a very early period of the negociation, and "v „ continued to heprefeutedin different (hapes • through the whole course of very ! f lengthy, and tedious tranfatfions, which i took place between the Congressional and ™ "7- S P ai " (b agents, on the fubjedt of a com mercial treaty. Mr. Gardquoi received Se- the anertion of this right with affeiledfur fent pnae, denied its admiffibilitv as part of .1 a the contemplated treaty, and'afferted with ; i"' bng vehemence, that this court would never ■ of assent to its validity on any principles— c the He invariably manifefted an irritation of t, temper, whenever our right to the navigat- ; „„ ° n ot . tne Miff'fippi was urged upon him. > T his intemperance of the ambaffaJor was ! to deemed symptomatic of thefpirit which I "' P< of | predominated on that fubjedl at his court, I " eg ' , with which, from the circumstances before 1 hinted at, good policy dilated to Ame- ' wer [5, , rica, the propriety of observing the Uric- , trea test harmony. j ed ii Thus circumftanoed, the American 11 e- !n w or gociator, resorted to the projea, of ced- fI PP' to thc exc,u five navigation of ext f theMiffilippi, for t venty-five years, Vfhich n '' ' was intended to operate, net as an aban- 1 tude donment of the right of the United States folicl ve but as a mean to obtain an end, to wit treat w the recognition of that right, on the part '' and 1 or Spain, afterthe expiration ofthe above d,re(: nipulated period. 1 know well, that the 1 P ens: o _ pro'.otal of this measure, is dill fore to the ' the P recol'edtion of our fellow citizens on the ; ed ' 1 western waters, and that it created great I into < tl alarms in the minds of the inhabitants of ' milet a- the Atlantic States alfo—But'in i.arratint; 1 abov< le t..e mere history of it, let me not be confi- | P ef P £ :o dertd as the defender of its policy, or ex- Oi 1- P s,'. C " c y- J} forms a link, in the chain fifipp of '"ftoncal fadts, which I stall candidly thern unfold to your view, and in that spirit of puted 1 can a or, lean aifert to you, that the pro- only, ~ pofitioi, now alluded to, as it stands pre- med n tented on the records of Congress, was holds not intended togenerate a renunciation but the M on the contrary an acknowledged eflablifii court ~ ™ enl of the right of the United States, to tation the free use ofthe Miflif.ppi,upoi, tliis prin- with 1 h f , n ??. am acce P ted this cession procal t , r td Sta f es > to the exclusive is deel I T°i , nVer ' for a ft 'P"'ated the fr ' f c , low of their right unequ, ' m nav: ? at:on » followed asan unavoida- ed on t i For the United States into co ' t°M cd the ri gbt, before they But - t>,r fr 1 r !t ' an' f ° me of an ' » :h deemed"p'roper bv the whole business of the Spun.ft Yr'eaty" Ittend" which from the management of it S much agitated the public mind of Ameri jS ? ca, ftould he dismissed from farther discus- expe"^ fion, and turned over asan obiedi of mnfj t ration of the present goverSs ,ca, which had been adopted, and was earlv p ■ ihcn upon the eve of being p u t into afll ! 00. Much about the fame period too, i n Carmic of the Jcly 1789, Mr. Gardoqui received per- j of an' minion from hit court, togo back to Spain, reen the 0,1 bii own P rivate affairs, intending to re- | turn, to real fume the treaty, as soon as the of tile new g overnmental system Ihould become l(e i fully organized, and l>egin its functions, ■xiften - happened, however, that after the mental' institution of the general government, Mr. ;c ., Gardoqui, the only person empowered by towards the Spanish fourt* to treat with the Uni delicacv States, did not according to expeilati hin a'i 0 "' f° ,,llded on his assurances, return to nent f mcr ' ca > j n coilld not be iminedi- t r.. ate 'y ailed upon on account of the absence t ' ."'"p °f the relp«dlive agents of the two nati itiralf ans : y et ""fwithftanding these obstacles, I C •the xecutive of the United States did not i U ' J permit our claim to the navLrition of the 0 on and Miffi(ippi t0 6 o .otinci s Th e nature of the connexions which h maUrft f'Jbfi (led at this period, between France S >od un aHt * tbe F n ' ted States, and between France c " 4 a "d Spain, is well known, and has been p ifs that a " uded to ' was perfeflly und^rftood Dbfcrv (^e American government, that altho' w r 1 , trance favoured the pretensions of Spain lii v ner- the cxcluflVe navigation of the Miflifip- 01 -fafetv P ' within her own boundaries, yet she fii eirlv WaS we ',' ' nr '' ne( i to the prosperity of the ei 5n United States, and would wilh to fee an th ertain extenl ' on our commerce, of the bene- M rdl to tS w ' l ' c h/ from existing treaties, she te would probably participate. The court of qi elicate er ' a .'" es ) therefore, was moved to inter- to n P"f e 'ts mediatorial influence, to induce 1 , the court of Madrid to acknowledge f 0 ,Io de " ur right to the navigation of the Miffi- .1 "from '"Ps" ' and 'his interposition would proba- r r hl >' have produced efficacious confequen ace at c"' d not tbe ra P'd progress of the rai d his , entr ' Rtvolution > which at firft reform- irr Is bv e a^ erw ardi abolished monarchy, ft!: ve'fttd CUt a '' '"tercourfe between the two n a fiiited C< ! urti ' and pl a ced them in a Hate of hof- »k, ulity to each other. j™ ' JD- w as that the re-aflumption V J ■etarv , ®P ai, fh treaty would commence ° . reoci'- U " the auJ P ices . °f the 'new govern- fit' lined °" 'his continent, so soon as Mr. ant tes to ardot l Ll i ftiould return, an event which Sp n its neV r r ha PP ened ' hi s P'ace in the diploma- f oe ire of - IC , nC f'. n £ fupp'ied by two gentlemen „.l in'o 'r ' he i(^er6 Commissioners from theSpanifh court. By them it was pro- n ! e was S ' that the £xetutivi °f the United P'Y at a atcs *"Oiild depute some persons to the con and co i ur '°f Madrid to revive the negociation I per laoet W . Mr " Gard °iui was firft authorized ! licrh very ! in America, altho' the. trans- | of. hich : thefceneof negociation from Ame- I r and nca i°' E E uro P e » was an event which it was I , , 0 ", much wifbed could have been avoided, a- I the ived mo " g othcr lm P orta nt considerations, on | a,,d fur- acco l u , nt of the inevitable delay which it | fchi would occasion; yet the proposition was I witl with i ITtTh e'ofed with. To give dif- on , ever P thls hufinefs > the agents to exe- r „f s _ l . lte 11 were a ppointed in Europe. Mr. £ lof XT - J °n r m . mifter > resident at the Seven , R at- Proylnces > with Mr. Carmichacl, ed " dm ; c Ur des 4ff»'rv, at the court of i P 2l "' W ' ere a PP o ' n ted Commissioners Pie- fartl '<■" i SSSS- 10,hi - »" urt ' ' . . cept fore ' he 'eading principles by which they com , ne . ] were to be governed in the renewal of this „f Hi ric- , reaty, were amply and forcibly delineat- t „ 1 ed in the inftruflions which they received, , d "e- w ." c ' l our right to navigate the Miffi- c ed- ; "PP 1 y" om its source to the ocean, and the of j" l ' ,e fonthern boundary of the parti ; ch United States, to the 31ft degree of lati- ciatic ln " 1 filM n °A j 0 J- t iV qUator ' reflin g °n two cone (es and diftina foundations, to wit, The r _ . 'it. | treat, " °, f Pans of 1763, and of 1782-3 ; J' art and the laws of nature and nations were ' , ve j direaed to b«- infilled upon, as the indif- cure :he : P cn ' ablc prelimm a nes and Jiriequa nons to ,m P° i- e tl ' e Pf°P° f<:d treat y- It is farther enjoin- «ppli'< hC i int' ft « n?r ,rCaty Wh ' Ch may be ente red mas •at '!? eve . r > r oth er refpea, be Ik Hem D f | mitet in its duration ; but in regard to the f nr ,u above two articles, it lhall be final and . si- ' perpetual. and q X ~ ! fir° Ur r ight to the na vigation of the Mis- tCd ' m fifippi, from its feurce to where our sou- ly thern bouhdary ftnkes it, cannot be dif of pu ed. It is from that point downwards f° r Kq 5 exc ' uflve navigation is clai- weigh T t pam ! that '• to %. where she the A " t\° M t n- e r C ° Untry on both fldes - Leaving I onrl us the Mrffifippi in thu Jlatufm, theSpanifh rir " = o " rt 1115 would, without he£ ° 'u n 'v er ix er mto co,r| mercial regulations most ' 1- with the United States, 011 terms of reci- dnd > •e fsTcli^ efitt ° bothnationS:buttha t!t H L f on r° U c rpart ' u,ltil • < Sr right to fairs 0 d the free use of the Miflifippi /hall be most -r. 2 •t ""Wwlly acknowledged, and eflabli/h C 1- 'd on pnuapUi never UrLfnr to be dr£~ n s mte contejlatitn. vened. Y f the ß M,^V he ' I,ere , nakedH 6 htto navigate to th( heMiffifippi uould not,from the peculiar Sflort e -umftanccs attending the wefte'rn wa- not.nl f D :;Sf£Xfo i r , ' withoutti ' e theai < ■ Z\ tX TT' mnh f ° me 1 ! s 0 that river about the mouVnf ■ ersTelnft 8 fl 0 !, hefca ~ ,heCommlm on- t" ' chaff t0 endeav oiir to pur- Stat "' i the Unhrrl°urtof qui was re-appointed by the Spanish court °b inter- to re-commence this business. Un nduce The AmericancommifTieners brought cy irir e • f ° rwaic ' our c ' alm to navigation of Sp jroba- f ' le I PP' aad '^ e extent of our vie quen- out^crn boundary, sustained by a me- mc if the raor 'al, replete with well arranged and pir form- irrefragable arguments, drawn from the > It irchy, stipulation of treaties, and the laws of are . two nature and nations. To this memorial b °f the Spanish agent did not return an an- pre ption wer ' and of the merits foil aence l ' le a bove niemorial, though not po- ope vern- fitively denied, yet ,has been cautiously this Mr. and rather vexatioufly avoided, by the am /hich Spann'h miniller, by resorting to every ran: oma- species of evafio* and procraftfnation, fede ?mcn i«ii • * j from w . e P om P ous P a,ade and ceremo- or pro- mes European courts can readily flip- Um aited | ply. This unwarrantable and dilatory jI b< 1 the j condudt of the court of Spain was f(>on int.e ''ion j perceived, and considered in its proper in t | lijjht, by the executive of the United righ t States, whose determination it had been the! was I rom t ' ,e to puifue our claim to will ], a- \ tl,e Miflifippi with temper, yet frmnefs ; ftroi ,on 1 and t0 P rev ent, if possible, an abrupt will :h it 1 schism of a negociation, which had been t« fl was ■ with so much difficulty re-introduced navi d 'i- on the tapis, until every pp'nciple of ed. ' reason, and argument appendanf to it, I ■ven lou ' d fairly difcufled and exhaust- righ .acl, ed - T tof 1° order, therefore, to cut off all the Pie- farther retardments which might origi. ellsb ant nate from ceremonies, and formal ex on tf ceptions, flowing from the alleged in and hey competency of powers, and the dignity natui this of diplomatic office, it was determined what ed to Afpatch an envoy extraordinary to right iffi- l J' e court °f Madrid, most unexccption- tiiron the al 'y and copiously authorised in every lantic the particular, to bring this tedious nego- the a >ti- ciation to an end. To effed this, the ing a concurrence of the Senate was neceffa- miglv n* ry, which was at that time not in feffi- motiv jre 011 ' the executive, anxious to pro- eonfic I if- cure ,n tima * P m per character for so tional t0 important an undertaking, caused an rfients in- application to be made firft to Mr. Tho- Unioi td mas Jefferfon, and next to Mr. Patrick lajl n, r (two citizens equally illuftiious Tnd vi nd , , e r lr P atr ' ot,fm and great talents, ed rig and slfo well known to be warmly devo- But if. 1 t0 l ' le P ro sperity of the western ar e im u- )to enter u P on this embassy. et " ,lle lf . Tbey having both declined this office, u , Tb< ds .the fake of expedition, among other .1- weighty considerations, Mr. Pincknev, w ai nc ie the American mmifter at the court of al rcve g i.ondon, has been ordered to hold hi m - duties lelt m a state of preparation to repair benefit |( most expeditioufly to the <;ourt of Ma- reridin ; I. drid, who, it is probable, is at this tat if"' it moment occupied in the arduous as- r '" 0 fair* of the Spanifl, treaty, as his pow- ApJl" ft ers only waited for the fanflion of the bulky i „ na ,te, ha « been long lince con- the Ai vened. His inftrudions will be similar ' urn States. men w< f At this distance, and in our present - Jate of information, it will be difficult 'a" 1 to assert, what may be the immediate pecu" ia" cent of this negotiation, which seems of the 1 t to be capable of affeded by a va- a purfcr ■ rlct y °' contingencies beyond the con- navigati ' , ° f thc American government ould P i We have indisputable right on our fide b , ew,lciei • M it is much to be wished for th^ , 8 . ? mankind, Ihould always interell, rm teiuleof decision amongst nati- gation o onj. H u t perhaps there is much rea- m °n cai , 'on to lament, that in the old Rovern- etber r 'f ment of the world, right is too often £be P r , rejrived into power. inewn, s As a young nation, just taking our tain the stand among the empires of the world before we have arrived to that matunTv re-com- offtmjgth and v | a ,}* { ?hen the ,•? ° ' ' c " 3 1 J d to be erents promvfe we (h ,11 ik, c . i'hich it dll 7 atta,n » 11 has been deemed the *if er motives policy, rather to eliabhtli our rights hy 10ft pre- negociation, than bv a prematu.c relort would to the ultimo ratio : the rirft beincr a d sStes IVu m ° re CCrta, ' n m ° dc of red ! the use a^, fuC r h T a " " nc « lhe situation pea of" ot lh } c Vi"' 1 hla,Cs la >' s under tion; a a " a,mo 't permanent neceflity to observe ace be- the temporary abftinei.ee from the ex n allied ercife of a tight, which at this period sin the a combinat.on of political evenls , e „ () ' : * l P rudcnt for us to observe, can never at pre- be ,mo a dcreh'dion of , hat ■ill npt, "o antage- re 18 man who will cast hi» e court e yes on the immense and fertile v?,l c . rarely which border on the western water. United and mark the rapid pr„ g , cfs , as pre- P°P ulat,on ' and all the „fei P ful arts .re making among t hem, Gnents c f n mome "t doubt, but that these of po- channels, which Ixnefiecwt nature has oduce, opened for tbe diffufron of the Wr' ?ly as- abundance of all the necefTaries and C L* ftry to forts of life, yielded by these h-.pp v re" me to g '°" S ' "Tf ,he K°T the Af _ earth, mujt be applied to their great lardo- P ro%, dentiai end : notwflhftanding the court obftruiStions at present prapofed by- an unjutt, narrow, and short-sighted po]j. >ught cy. _ It ''s an event wl)ich ,| R , intevefl >jf in of opam herfelf desiderates, could foe but our view that interett through the proper me- medium, ft is an event which the hap and pines. of the human spec.eg requires n the, It is an event in which the United State*, ivs of are all interelted. onal lam well aware of the jealous ap i an- prehenuons which are entertained, that erits some Hates in the Union ate a»erfe to t po- opening the navigation of the Mifiillppi • mfly this jealousy, as it extends to Hates, / the am confident, embraces too extenfjve a very range. For little minded, local, ami. ion, federal politicians, who ihfeft, in a greater mo- or lmaller degree, every date in the sup- Union, I w ;ij not |j C aufwelabfe ; y et tory I belicte 1 may fs.ft.lv affirm, that the' "oon int.erefts of the Union at large, coincide >per in the eltablifomem of this important ited f'ght ; and that to whatever ohj«& >een their interests point, their government i to will endeavor to attain. There are two fs } strong political confident ions, which upt will ,mpel the United St« cs , conjoint!* ' een t« struggle without ceasing. until the ced navigation of the Mifiifippi ; 8 obtain . of ed. it, I mean tbe principles of national lilt- right and intertll. The right of the United States to all the navigation of the Miffifcppi u;,, , gi eltabljfhed, as it moil incontettably isj, ex- on the double bafisof political compadis* in and the titles derived from the law* of ity "ature aid nations, I know not, on led what more fubllantial ground reft their to rights to navigate the waters pouring >n- through their territories into the At :ry lantic ocean. To relign one right to •o- p' ie arm of P''vet, woulj be eflarJifo he ing a precedent, by which their others la- might be claimed and taken : all the li- motives, therefore, flowing from the o- eonfideration of political fafety, and na (o tional pride, aided by fratei '.al incite an ments would (limulate every state in the o- Union, to mpke one cause, when the k tajl nrcjjity Jhall demand it, to reclaim us and vindicate this fuipended and violat s, ed right. o- But the interests of the Atlantic states are involved in the unimpeded navigation et the Miffifippi, on two principles. e The refulrs of the exportsthrough the ' Western waters will, with a very lew ex "T captions, come into their ports, which '' not 0:l ly greatly augmsnt the nation it al revenue accruing from the import and duties on imported articles, but will be ir beneficial alio to merchants, and others, residing at the particular ports of impor tation. Brfides, the tranfpertatien of the com modities of the country on this fide the Apalachian mountains, which will be e bulky in their nature, to the markets in i. the American and European seaS, wilt r lurnilh considerable employment to the seamen and ships, of the maritime slates, which it will be the interelt ot the western I merchants rather to employ than to at- , tempt the building of velTels proper for e transmarine voyages on their own wattrs, t ainidft the almost infufferable difficulties ? that must attend ftich an undertaking, j w-hich, if even pradbcable, neceftary sea men would be wanting, who are al*'avs t scarce in countries whete lands aie fertile t abundant, and eatily to be acquired. In addition to this eonfideration, the : peculiar nature of the inland navigation i of the western waters, will never hirnifli ajiuiicry for sailors. The moss expert . navigator of the waters of the Ohio. would find himfdlf perfedllv hrlplefs and twildered on the detp and hoifteroHi elements of the ocean. 1 he principles of national policy and interest, thus combining to make the navi gation of the Miffifippi as mych the comt mon cause of the United States, as any other right they pofirfs, it ought naturally to be presumed, nutty the reverf,- (hall he lhewn, ?nd I never can be one. that tr.at right has nei f her ever bfn, i nor '' vtr will be abandoned'or ne^leiflcd.