1. These resolutions were a result of suspicions held by those southern states with extensive western lands regarding the Jay-Gardoqui negotiations between the United States and Spain. Diego de Gardoqui arrived in the United States in July 1785, bearing the title of encargado de negocios, to open negotiations with United States secretary for foreign affairs John Jay for the settlement of differences between the two countries. His instructions from the Spanish king permitted him to make certain boundary and trade concessions but enjoined him from recognizing any American claims to free navigation of the Mississippi. Jay’s instructions stipulated that he should make no concessions on American rights to free navigation of the river. In the course of the negotiations it became evident, to the dismay of states with large western populations, that Jay was disposed to relinquish navigation rights in exchange for substantial Spanish trading concessions. It was further suspected that Jay, in violation of his instructions, was not reporting the full course of his negotiations to Congress. Although the Jay-Gardoqui negotiations were virtually suspended after the early summer of 1787, rumors of James Wilkinson’s so-called Spanish conspiracy and the formation of the State of Franklin enhanced the fears of many southern states that a treaty abrogating navigation rights would lead to secession of their western territories. On 14 July the delegates to the Continental Congress from North Carolina submitted a motion expressing the apprehensions of their constituents and requesting a congressional statement that “the United States have a clear absolute and unalienable Claim to the free Navigation of the River Mississippi” (DNA:PCC, item 36, vol. 3). On 15 July the motion was referred to the secretary for foreign affairs. Jay’s report, dated 2 Sept. and read in Congress on 3 Sept., stated 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.” No treaty had been arranged, Jay continued, and moreover all negotiations had been suspended until the new government was established. Jay admitted in the report that some of the concessions contemplated in his earlier discussions with Gardoqui “appeared to him at that Time adviseable,” confessed “that Circumstances and Discontents have since interposed to render it more questionable than it then appeared to be” (DNA:PCC, item 81, vol. 3). See also JCC description begins Worthington Chauncey Ford et al., eds. Journals of the Continental Congress, 1774-1789. 34 vols. Washington, D.C., 1904–37. description ends , 34:530.

2. The resolution and a copy of Jay’s report of 2 Sept. are entered into the Secret Foreign Journal, 1775–88, in DNA:PCC, item 5, vol. 3.