Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1803-12-27
C0NsREss
OF THE
UNITED IS TITES.
DEBATEf in the SENATE on the L0JI-
SLaNA TREATY.
CONTINUED.
THURSDAY, November 8.

UIc1 11tzt ~
purooseef cdrrying int9 eject tic eai-
pe,stioa Of the thirtsetb gf Aprit 1908, De-
t,oeer, tie Ulnfed sfatss dmeriea ana
the french Republic aud mating 5rovisi01l
for taepayassat q sse stsass, under CON
sidrration.
98 the question shall. the bill pass;
Mr.. Basler next delivered his sentiments N
fyor Of the bill, as veil as generally in favor CT
thc treaty. We regfssa ur inability 70 present
the public viii his remarks.
Mr. Tracy. Mr.. President shall vote a.
| gaipst this bill (; and will offer some OF the rea.
sons which govern my vote 10 this case.
It's well known that this bill 10 introduced to
carry into efs.ea the treaty between the United
States and France, which has been lately ratlted.
If that treaty be an Unconstitutional compact,
such one, as the President aud Senate had no
rightfuigaayhorigy TO make the ccncinsionis ca.
ay, tina! it cieatcs no obiiganon OH any branch or
member of The government 70 VOTE Ter ahis b.ll
or any other, which is calculated to carry into Ell.
feet such unconstitutional compate.
The third and seventh articles Of the treaty afc
in my opinion, unconstitutional.
The third article is in the following words -
g The inhabisants cf,he coded territory shall BIZ
incorporated into the union OF the United States,
and admitted, as soon as possible, according t.
the principles cf The federal constitution, 70 rl1e
enjoyment CT all the righss, advantages and I'M
inunities Of ctizeas Of the United States. aud in
the mean time they shall be maintained in the
free erIaymen, OF tier liberty, property and the
lcligion they profess,
The obvious meaning of this article is, thar
the inhabitants of louisiana are Incorporated, by
il, into the union, upon the same footing that
the territorial governments are, and like them,
the territory when the population is sufficiently
numerous. insst be admitted as state, with
every right Of any other state.
Have the President and Sens:e constitutional
right TO do all this
When we advest to the constitution, we shall
find, that the President by and with tie advice
and consent Of the Senate, may make tYearies,
Now, say gentlemen, this power is uad fred,
and one gentleman says, It is unlimited.
True, there is no definition in words, of TIE
extent and nature of the treaty making power
Two modes OF ascer,ainIng its extent, Save beer
mentioned; one is by asc-Ftainng the ex,elt IF
The same power among the monarchs Of Eurole
ed n1akipg thar the standard ef,hc treaty making
power mere; aHu .~,---1i. ,o},.,;, re MN, =
of the Pfesident and Senae, in rescecl ~ -
ties, by the constitution, anu the nature am
princip!es of CUR government.
Upon the hfst criterion, il IS obvious that we
cannot obtain any satisfactory definition of tie
ueaFy making power. as applicable 20 our so
Yernincnt,
Il Is we'll ki.own that in Europe any part Of
country may be ceSed By treaty, and Ire transte,
is considered valid, without the consepe Q, .br
inhabitants OF the part thus transferred. VII,
be said, that tbs President and Senate can trap.
fer Connections by treaty to France or 10 sny
other county! know that nation may &c IL
war, and reduced TO such neeesset..s circum
stances, as thaS giving up part, or half III:
territory to save the remainder may be ineyiya
bic the United States may be in this condit;
or; bur necessity knows no law, nor constitute,
either; such case might be The result of cx
tTene necessity, butt 3ond never make il con
stltutionai, II is state OF thugs, which canno.
in It's own naeufe be governed b. law or conss:
tuition. Bur if The President ana Senate shari,a !,
IN ordinary peaceable terms, transfer Connect;
cut, against her consels, wcuia the cayefpneo,
be bound 70 make laws to carey Such a treat,
into effect Such transfer Of territory. can Ger
talniy be made by the nonafchs 10 Euroj., Ne
der the head Of their treaty making power. II
am convinced, Sir, that only cursory vew Of
this subject viii be Sufficient 10 shew every rsa.
sonahle man that the treaty making power in.
the Y tied states cannot be the same, that i.
IS m the European governments; and Eerther.
that tue only method TO obtain sound con
ssrucuon OF that power, as part Of our cons,ilu-
rian, IS by examining it with view 10 the con
stitnnoa, and the nature and principles OF cur
government.
A number of states or independent sovereign.
ries, entered INTO voluntary association, or 10