Page:Debates in the Several State Conventions, v3.djvu/318

302 that seven states are now disposed to give it up, and that it will be given up by the operation of this government, are they correct? It must be supposed that, on occasions of great moment, the senators from all the states will attend. If they do, there will be no difference between this Constitution and the Confederation in this point. When they are all present, two thirds of them will consist of the senators from nine states, which is the number required by the existing system to form treaties. The consent of the President, who is the representative of the Union, is also necessary. The right to that river must be settled by the sword, or negotiation. I understood that the purpose of that negotiation which has been on foot, was, that Spain should have the navigation of that river for twenty-five years, after which we were peaceably to retain it forever. This, I was told, was all that Spain required. If so, the gentleman who differed in opinion from others, in wishing to gratify Spain, must have been actuated by a conviction that it would be better to have the right fixed in that manner than trust to uncertainty. I think the inhabitants of that country, as well as of every other part of the Union, will be better protected by an efficient, firm government, than by the present feeble one. We shall have also a much better chance for a favorable negotiation, if our government be respectable, than we have now. It is also suggested that the citizens of the western district run the risk of losing their lands if this Constitution be adopted. I am not acquainted with the circumstances of the title set up to those lands. But this I know, that it is founded, not upon any claim commenced during the revolution, but on some latent claim that existed before that period. It was brought before our Assembly, and rejected—I suppose because they thought it would, at this late period, involve the just and unjust, indiscriminately, in distress. I am bold to say that no assistance can be given by the Constitution to the claimants. The federal legislature is not authorized to pass any law affecting claims that existed before. If the claim is brought forth, it must be before the court of the state, on the ground on which it now stands, and must depend on the same principles on which it now depends. Whether this Constitution be adopted or not, will not affect the parties in this case. It will make no difference as to the principles on which the decision will be made,