Page:Debates in the Several State Conventions, v3.djvu/378

362 of his Most Christian Majesty, and the treaty, have any influence, why are we told such things? There is not a greater or less degree of power, given by this Constitution, than is necessary to be given; but whether the power of treaties be improper to be given, or not, to the general government, I only now ask whether there be any real danger of losing this right. How many senators are there? Twenty-six, supposing the United States remain as they are. We are told that there never were more than seven states willing to give it up; so that there were six states against it. There can be little danger, then, of the loss of that navigation. Pennsylvania is interested to maintain the Mississippi. Her interest will stimulate her to do it. She has settlements near Fort Pitt, on the Ohio, which must be affected greatly by that cession. If his own arguments be credited. New Jersey is against it. There is no danger of her voting the alienation of that right, as she instructed her delegates to oppose it. The Southern States are naturally opposed to it. There will, therefore, be a majority in favor of the Mississippi—a majority that does not depend on the doctrine of chances. There will be fourteen senators against twelve, admitting the states to remain as they are. It will, moreover, be contrary to the law of nations to relinquish territorial rights. To make a treaty to alienate any part of the United States, will amount to a declaration of war against the inhabitants of the alienated part, and a general absolution from allegiance. They will never abandon this great right. Are not the states interested in the back lands, as has been repeatedly observed? Will not the connection between the emigrants and those they leave behind them, serve to strengthen opposition to it? The gentleman wishes us to show him a clause which shall preclude Congress from giving away this right. It is first incumbent upon him to show where the right is given up. There is a prohibition naturally resulting from the nature of things, it being contradictory and repugnant to reason, and the law of nature and nations, to yield the most valuable right of a community, for the exclusive benefit of one particular part of it.

But there is an expression which clearly precludes the general government from ceding the navigation of this river. In the 2d clause of the 3d section of the 4th article. Congress is empowered "to dispose of, and make all needful