The Secretary of the United States for the Department of foreign Affairs, to whom was referred a Motion of the Honorable the Delegates of North Carolina in the Words following, Vizts. “Whereas many Citizens of the United States who possess Lands on the Western Waters, have expressed much Uneasiness from a Report that Congress are disposed to treat with Spain for the Surrender of their Claim to the Navigation of the River Missisippi, in Order therefore to quiet the Minds of our fellow Citizens by removing such ill founded Apprehensions, Resolved that the United States have a clear, absolute and unalienable Claim to the free Navigation of the River Missisippi, which Claim is not supported by the express Stipulations of Treaties, but by the great law of Nature.”—1

Reports.—

That the Report mentioned in the said Motion, is not warranted by any part of the Negociations between the United States and Spain; and therefore that in his Opinion, it would be expedient so far to rescind the Orders of Secrecy relative to those Negociations, as that the Delegates of North Carolina & others be at Liberty to contradict the said Report in the most explicit and positive Terms.—2

That as divers Events which ought to have an Influence on those Negociations; have taken place since the Commencement of them, and particularly the Institution of a new Form of national Government for the United States, which is speedily to be established, it would be prudent to suspend all further Progress therein, and refer the same with all the Papers and Documents respecting it to the new Government. Wherefore he thinks it should be

Resolved, that the Report mentioned to Congress by the Delegates of North Carolina, as prevailing and causing Uneasiness in the Western Country, Vizt. “that Congress are disposed to treat with Spain for the Surrender of their Claim to the Navigation of the River Missisippi,” is not founded in Fact; and that the Delegates in Congress be authorized (their former Injunctions of Secrecy notwithstanding) to contradict the same in the most explicit and unequivocal Terms.—

Resolved, that no further Progress be made in the said Negociations by the Secretary for foreign Affairs; but that the same in the State they now are, be referred to the fœderal Government about to be established and organized.—

Your Secretary further reports that if the aforegoing Resolutions should be deemed expedient, he much doubts the Propriety of adopting the one contained in the Motion under Consideration

• 1. Because although it does impliedly, yet it does not expressly, deny the Truth of the Report, which has created the Apprehensions intended to be removed.
• 2. Because if the Report be destroyed, by being positively contradicted, the Uneasiness flowing from it must cease; which is all that appears to him necessary to be done at present, provided Congress should think it proper to suspend the Progress of the Negociation, and refer it to the new Government.—

As to declaring and resolving that the United States have a clear, absolute and unalienable Right to the Navigation of the River, he thinks no Objections can be derived from the Nature of their Right to declaring it to be clear and absolute. Authentic Documents now among the Papers of Congress shew that he has uniformly been of Opinion, that the United States possess a perfect Right to that Navigation, and ought never to cede it.—

Whether it would be wise in the United States to consent, in Consideration of equivalent Advantages, to any and what Modifications of the Use of that Right, is a Question on which his Opinion communicated to Congress in Writing is well known. The Modifications then contemplated, appeared to him at that Time adviseable; but he confesses that Circumstances and Discontents have since interposed to render it more questionable than it then appeared to be. How far the Resolution proposed by North Carolina, which declares the Right to be unalienable; as well as absolute, would tend to exclude all Modifications, however temporary and adapted to present Circumstances and Convenience, merits Consideration, nor is it clear to him that such Exclusion would be a Measure which however supported by Right, would also be warranted by good Policy. Whether that Right be unalienable or not does not depend on the Nature of the Title; but on the Extent of the Powers constitutionally vested in Government. How far the present or ensuing Government may be restrained or authorized in these Respects, is a Question of too great Magnitude to be decided without deliberate and mature Investigation. He knows the Prejudices and Opinions prevailing in the Western Country respecting whatever may concern that Navigation, and he knows also that groundless though not unnatural Jealousies are also entertained of him respecting it; but as personal considerations ought not to influence his public Conduct, he thinks it his Duty to report in plain Terms, that any Resolution calculated to exclude the Possibility of such Modifications, and without impairing the Right, might be advantageous to the United States, and satisfactory to their Citizens, would not in his Opinion be wise. Whether such Modifications could be formed, he will not attempt to conjecture. Certain it is that the Probability of it will become greater and encrease, as the Population of those Countries advances, and as the Respectibility of the United States rises in the Estimation of Spain and other foreign Nations.—

He therefore thinks it best to let these Negociations pass over in their present State to the new Government, which will undoubtedly be tenacious of the public Rights, and may be enabled by Circumstances not yet developed, to terminate these Negociations with Spain, in a Manner perfectly consistent with the Right in Question, and with the Interests and Wishes of their Constituents—

All which is submitted to the Wisdom of Congress3