Page:Debates in the Several State Conventions, v3.djvu/358

342 How, then, could seven states constitutionally adopt any measure, to which, by the Constitution, nine states alone were competent? It was entered on the journals, and transmitted to the secretary of foreign affairs, for his direction in his negotiation with the Spanish minister.

If I recollect rightly, by the law of nations, if a negotiator makes a treaty, in consequence of a power received from a sovereign authority, non-compliance with his stipulations is a just cause of war. The opposition suggested (whether wrong or not let this house determine) that this was the case; that the proceedings were repugnant to the principles and express letter of the Constitution; and that, if the compact which the secretary might form with the Spanish minister should not be complied with, it would be giving Spain a just cause of quarrel; so that we should be reduced to the dilemma of either violating the Constitution by a compliance, or involving us in a war by a non-compliance. The opposition remonstrated against these transactions, (and their remonstrance was entered on the journal,) and took every step for securing this great national right. In the course of the debates in Congress on this subject, which were warm and animated, it was urged that Congress, by the law of nations, had no right, even with the consent of nine states, to dismember the empire, or relinquish any part of the territory, appertaining to the aggregate society, to any foreign power. Territorial dismemberment, or the relinquishment of any other privilege, is the highest act of a sovereign power. The right of territory has ever been considered as most sacred, and ought to be guarded in the most particular and cautious manner. Whether that navigation be secure on this principle, by the new Constitution, I will not pretend to determine. I will, however, say one thing. It is not well guarded under the old system. A majority of seven states are disposed to yield it. I speak not of any particular characters. I have the charity to suppose that all mankind act on the best motives. Suffice it for me to tell direct and plain facts, and leave the conclusion with this honorable house.

It has been urged, by my honorable friend on the other side, (Mr. Madison,) that the Eastern States were averse to surrender it during the war, and that the Southern States proposed it themselves, and washed to yield it. My