doqui, encargado de negocios of his catholick majesty, under certain instructions, the last clause of which was in these words, " and that the following be substituted; "that the secretary to the United States for the de"partment of foreign affairs be and hereby is instructed, " in his plan of a treaty with the encargado de nego"cios of his catholick majesty, particularly to stipulate "the right of the United States to their territorial " bounds, and the free navigation of the Mississippi " from the source to the ocean, established in their "treaties with Great Britain; and that he neither con"clude nor sign any treaty, compact or convention "with the said encargado de negocios, until he hath "previously communicated it to Congress, and re"ceived their approbation;" from which qualifications and restrictions the said John Jay could not depart without a violation of his instructions: And as the repeal by seven states of the said recited last clause has the effect of enlarging the powers of the said negotiator, and granting him an authority he did not possess under the former instructions, to which the assent of nine states is alone constitutionally competent under the confederation, as the removal of a positive restraint confers a positive authority, and as a delegate cannot exceed the authority delegated to him, nor delegate to another a greater power than he himself possesses, it follows, that the right of entering into treaties being delegated by the confederation to the concurrent assent of nine states in Congress assembled, this power cannot be delegated to others, nor any alterations made in instructions upon this subject, but by a similar concurrence of nine states. The right of entering into treaties comprehends an absolute and exclusive right of admitting or rejecting every article of such treaty, as well as the whole collectively. This right cannot be exercised by seven states, consequently it cannot be delegated by them to any other person or description of persons, without an absolute violation of the principles of the confederation. If a treaty entered into in pursuance of instructions be not ratified, by the law of nations it is causa belli. If only seven states repeal the said last recited clause of Mr. Jay's instructions, and he thereupon proceeds to enter into a treaty upon different principles than those under which he was formerly authorized by nine states, the said treaty cannot be considered as formed under instructions constitutionally sanctioned by the authority required under the confederation; nor are the United States, under the laws or usage of nations, bound to ratify and confirm the same: Therefore, Resolved, That the secretary for foreign affairs be informed, that as the said recited clause of his instructions, restraining him from entering into any treaty or compact with the encargado de negocios of his catholick majesty, which did not fix the territorial limits of the United States agreeable to the definitive treaty with Great Britain, and the right of the United States to the free navigation of the Mississippi from its source to the ocean, was repealed by the assent of seven states, when nine were alone competent to such alteration and enlargement of his powers, the United States in Congress assembled do not consider him as authorized to negotiate upon different principles than those under which he was formerly instructed by the said resolu tions of the 20th July and 25th August, 1785; nor, should he proceed to enter into a treaty upon other principles, do they conceive the United States bound under the law of nations to ratify and confirm a compact formed under powers thus unconstitutional and incompetent. On the question to postpone for the purpose abovementioned, the yeas and nays being required by Mr. Bloodworth New Hampshire, Mr. Livermore, No. Mr. Long, No. } No. North Carolina, Mr. Bloodworth, Ay. Av. Mr. White, South Carolina, Mr. Bull, Ay. Ay. Mr. Pinckney, Mr. Huger, Ay. Mr. Parker, Ay. Georgia, Mr. Houstoun, Ay. Av. Mr. Few, Ay. So it passed in the negative. On the question to agree to the amendment, the yeas and nays being required by Mr. Smith So it was resolved in the affirmative. A motion was then made by Mr. St. Clair, seconded by Mr. King, further to amend the resolution reported by the committee of the whole, and after the word "instructed," in the second line, to insert, "to pro pose, and if possible obtain the following stipulations, "viz. that the citizens of the United States shall not be "interrupted in transporting the bona fide productions " of the United States upon the Mississippi river from "the thirty-first degree of north latitude to the city of "New Orleans, where they shall be allowed to land "the same, and permission be granted to occupy "storehouses and other necessary buildings for the "reception thereof. That the boats or other vessels, "on board of which the said productions shall have "been transported to New Orleans, shall have free " leave to return up the Mississippi river to any place " within the territory of the United States; provided "that so far as they navigate below thirty-one de |