Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1803-11-28
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OF THE
UNITED ST.f T E $.
HOUSE or REPRESENTATIVES..
TUESDAY, October Is.
CONTINUED.
DEBATE on the LOUISIANA IRE 1T

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s the two resolutions which had been read
from the chair, explained In so1-e detail,
sthe measures, with which the general reso-
hllion, for carrying into execution the trea-
ties, was to be followed up. In deciding
therefore, on the general resolution, it be-
came necessary to -keep. in view the nnea-
sures which were to result from it, and II
Iswe were not satisfied with these, we might
give our vote accordingly.
The second resolution declares that it is
I@expedient to provide by law for governing
the coded territory and if gentlemen are
not prepared to do this, or to provide the
stock contemplatedby the first resolution
they cannot agree to the general proposition
under immediate consideration.
Before entering however into a consider
alton of these points, | think it proper, said
Mr.. G.. to say, thatI have been one of those,
who have long felt the importance, to this
country, Of the free navigation OF the Mis-
sissippi, and of a place Of deposit at some
place near the mouth of thatriver ] deem
the enjoyment fthatnavigation and depo-
sit, indispensable to the prosperity Of our
western brethren; and there are few sacri-
fees would not cheerfully make, consist
ent with the constitution, to place those
important privileges and rights beyond the
reach Of foreign controul. The opinion
whichIno express has been oflong stand
ing and has not been weakened by any
events which have recently taken place
So fully was impressed at the last session,
with the importance Of these claims, that
was persuaded, very vigorous measures
ought to have been adopted, for vindicating
and securing rights, which had been gross
ly violated. Butwhiist | again repeat, that
the importance of our rights on the Missis-
s;ppi, has not been diminished in my view,
it is necessary to declare, that can never
consent to secure this object, however de-
sireable and important, by means, which
shall set at defiance the constitution of my
country.
Itmay notbe improper, said Mr.. G. in
! this place, also to declare, that have been
one of those who have long believed the
power of making treaties belongs exclu-
sively to the president with the consent OF
the senate, and thata treaty, when consti-
Ftutionally made and ratihed, becomes law,
and must be executed accordingly. But 1t
is essential 20 the existence OF treaty that
ii should be consistent with the constitu-.
ton, in every -fespect-both as 1t regards
the subject matter, and the form OF ratihca-
cation. If a treaty is rePugnantto the con-
stitution either in the matter of which it
treats, or in the form Of ratification, it can
mot be considered, within the meaning Of
the constitution, treaty It's not within
the word OF the constitution, made under
the authoritY OF he United States, tits
bead l-tcs,, andvoid. lift shalt then be
found, that the instrument under consider
alton, contains stipulations which the consti-
tuition does not warran9,Nit will result, that
II cannot be respected as treaty--that
Congress SO far from being bound to carry
it into execution, are obIigedby their duty
and their oaths, to support the constitution,
and to refuse their assent to laws which so
to infringe tliis great charter OF ourgovern
ment.
Having made these preliminary remarks,
and in some measure explained the general
principles by which | can consider it my
duty TO test the treaty, will-again call the
attention Of the committee to those parts
5 Of the instrument, which have been noticed
by other gentlemen, and which have e.
qually excited in my mind, doubts of It's
constitutionality.
The Sd article Of the treaty is thus ex-
pressed.
6 The inhabitants of the ceded terri
tory shall be Incorporated in the Union
of the United States, and admitted as soon
as possible, according to the principles Of
the federal constitution, to the enjoyment
OF all the rights, advantages and immunities