than to a convention, for the attainment of their wishes: and that the assembly had passed such resolves, and made such representations, for congress, as sufficiently evince the deep interest which the state took in the subject; and which was expressed in the following terms:

1st. "Resolved unanimously, That a copy of the memorial of sundry inhabitants of the western country, be transmitted to the delegates representing this state in congress,

2d. "Resolved unanimously, That the common right of navi gating the Mississippi, and of communicating with other nations. through that channel, be considered, as the bountiful gift of nature to the United States, as proprietors of the territories watered by the said river and its eastern branches.

3d. "Resolved unanimously, That the confederacy having been formed on the broad basis of equal rights in every part thereof, and confided to the protection and guardianship of the whole; a sacrifice of the rights of any one part, to the supposed, or real interest of another part, would be a flagrant violation of justice, and a direct contravention of the end for which the federal government was instituted, and an alarming innovation on the system of the union.

4th. "Resolved therefore unanimously, That the delegates representing this state in congress, be instructed, in the most decided terms, to oppose any attempts that may be made in congress, to barter or surrender to any nation whatever, the right of the United States to the free and commone of the river Mississippi; and to protest against the same as a dishonourable departure from that comprehensive and benevolent policy which constitutes the vital principle of the confederation; ás provoking the just resentments and reproaches of our western brethren, whose essential rights and interests, would be thereby sacrificed and sold; as destroying that confidence in the wisdom, jastice and liberality, of the federal councils, which is so necessary at this crisis, to a proper enlargement of their authority; and finally, as tending to undermine our repose, our prosperity, and our union itself: and that the said delegates be further instructed to urge the proper negotiations with

Spain, for obtaining her concurrence in such regulations touch. ing the mutual and common use of the said river, as may secure the permanent harmony and affection of the two nations, and such as the wise and generous policy of his Catholic Majesty will perceive to be no less due to the interests of his own subjects than to the just and friendly views of the United States."

Thus had Virginia, including Kentucky, which then sent eight, or ten representatives to her general assembly, spoken; about four months before, the origin of the circular; whose ostensible object it was, to get up a convention, upon the same subject: and for the old, not any new cause. That cause, will now be developed.

The treaties of peace, had vested in the United States the country on the eastern bank of the Mississippi, down to the northern extremity of the thirty-first degree of latitude; and in Spain, the residue: part of which, and the right of navigating the river, Great Britain had previously held.

By treaty with Great Britain, the United States, had acquired all the right to the navigation of this river, which Great Britain could convey-that is: a concurrent right with Great Britain, where she held exclusively; and participating the right, where either held it concurrently with any other nation; and having, in fact, no right, where Great Britain had none; except what was derived from the possession of one bank. And now, without any disquisition on the law of nations, as to the navigation of rivers; it may be laid down, as the law of nature, sanctioned by reason, that whatever nation holds the shore, or shores, of a river, has a right to navigate its stream; and that in proportion to its possession, on the bank.

But that right, cannot extend further up, or down the river, than the shore possession extends; nor farther into the river than half its width, where one of its banks only is held-but quite across, where both are occupied-and exclusive of all others, where the banks are so near, as to overlook each other; or that a stranger could not pass, without detection.

The principle of this code, is the equal rights of nations. Their peace, is a consequence of its observance; their security, demands its assertion.

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The right of navigation, is, in its principle and commencement, a territorial right; as a consequence, all nations bordering on the sea, have a right to navigate it at large: while the coasting navigation is limited in its extent, to the coasts, held by the nation, who navigates.

These principles, will not give to a nation holding the sources of a river, the right of navigating it to the sea; any more than holding a mountain, or any territory, from which a road leads to the sea, through foreign countries, would give the right of passage, to the same object. The real, or imaginary, convenience to be made of the use of the sea, gives as much right to reach it in the one case, as in the other; but without any right on land, of what avail is a right of navigating the sea? or even a river? Navigation without a port, would be useless.

It is believed, that congress never considered the right of the United States to the navigation of the Mississippi, as perfect, while the Spaniards held both banks, and the island of New Orleans; as was the case at the time alluded to; nor was it in any manner acknowledged to be so, by the king of Spain.

If Great Britain possessed a right of navigation while she held the east bank to the sea, she lost that right, when she lost the territory. When Spain, and Great Britain, held the opposite shores of the river, they held concurrently rights to its navigation. Great Britain afterwards, as in the war, losing her territory on the river, lost with it her right of navigation. Thus Spain gained all; the United States, none," below the thirty-second degree of latitude.

The matter of right, to this navigation, on the part of Virginia, is limited, to the principles here announced; however unlimited the assertion in common use might be.

In her general assembly, as already recited, it was unani. mously resolved, "that the common right of navigating the Mississippi, and of communicating with other nations through

that channel, be considered as the bountiful gift of nature to the United States, as proprietors of the territory watered by the said river, and its eastern branches."

This right of navigation, so held; and the boundary by land, between the Spanish territory, and that of the United States, not theretofore ascertained, had for some time been under diɛcussion, between the two governments, without receiving any satisfactory adjustment.

As early as the 28th of June, 1785, the arrival of Don Gardoqui, had been announced to congress; and that he was the encargo de negocios of his Catholic Majesty, with plenipotentiary powers, to treat on behalf of his Majesty, with any person, or persons vested with equal powers, by the United States, on the subjects in controversy.

The Honourable John Jay, then being the secretary of the United States for foreign affairs, received from congress a similar commission; and a negotiation was opened between these ministers in New York. But it is to be remarked, that the caution of congress, had inserted in the commission of Mr. Jay, these ultimata: "that he enter into no treaty, compact, or convention, whatever, with the said representative of Spain, which did not stipulate the right of the United States, to the navigation of the Mississippi, and the boundaries as established by their treaty with Great Britain." Such was the care, and attention of congress, to the subject, at the time.

More than half a year had elapsed before congress had any communication as to the progress of the negotiation, Difficulties were at length announced, by the American minister, on the subjects of treaty. He was called before congress— and explained, by reference to the navigation of the river, which was claimed exclusively by Spain, within her territories; and further, by presenting to view, the project of a commercial treaty, containing, as he contended, advantageous stipulations in favour of the United States-in consideration of which, it was proposed that they "should forbear the use of the naviga

tion of the Mississippi, for the term of twenty-five or thirty years." He urged the adoption of this project as a beneficial one for the United States-said that a stipulation to "forbear the use," on the part of the United States, accepted by Spain, was an admission on her part, of the right-that in fact, the United States, were in no condition to take the river, or force the use of it-and therefore gave nothing, for the benefit they would derive from the proposed treaty; not otherwise to be effected, for the use of the nation.

Under this view of the subject, the seven most eastwardly of the states voted to rescind the ultimata in the secretary's 'instructions; and it was of course so entered on the Journal: the other states dissenting. It however, required the concurrence of nine states, to give an instruction-therefore, none was given. The case had been debated-the strength of the party, for the treaty, had been tried, "and found wanting." The project had failed.

If the views of the secretary, had been supported on one side, it was on the other, opposed with equal ardour, and pertinacity. This controversy brought the subject before the public: the general assembly, had taken it into consideration, and expressed its opinions of what was necessary, in the reso lutions already seen.

Of these, the representatives from Kentucky, cannot be supposed ignorant: if they had not diffused the knowledge among their constituents, it may be ascribed, to their considering, that every thing had been done, which the occasion demanded; and that there was no utility, in further public expression of opinion.

That the leaders of separation, and especially the subscribers to the circular, should have known nothing, or not understood, the transactions, of which details have been given-can only be accounted for, if at all presumable, upon the known difficulty of intercourse with the Atlantic, for want of safe conveyance. To assume, that they were informed of those transactions