Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1803-11-25

OF opinion that no such power was dete-
gated to any department Of the govern
ment but if such power was delegated
to any department, it must, in his OPT
MON, be to the Legislature, as he should
afterwards notice. It was not consist
ent with the spirit of republican govern
ment that its territory should be exceed
ingly large for as you extend your Ii.
mits, you increase the difficulties arising
from a want Of that similarity ofcustoms,
habits and manners so essential for its
support. 1t was certainly difficult to
draw the precise line but there was not
withstanding, one beyond which we
should not 60. !,
But if the right Of extending our terri-
tory be given BY the constitution, its ex-
ereise is vested in the Legislative branch
es of the government. Ii the 3rd secti-
on of the fourth article of the CONSTITUTE
on it is said, "New States may be adj
mitted by the Congress into this union"
Congresstmay admit new states, but, ac-
cording to my construction of this arti-
Gle, are confined to the territory belong
ing to the United States at the formation
Of the constitution, to the territory then
within the United States. Existing ter
ritory not within any particular states,
may be incorporated in this union. He
commended, therefore, that the power to
incorporate new territory did not exist /;
and that, if it did exist, it belonged to
the legislative and not the executive, to
incorporate it in the union. Ifthis were
the case, it was the duty of the House to
resist the usurped power exercised by the
executive.
There was another ground as to the
constitutionality of the treaty; at least
one which excited doubts in his mind,
which he hoped gentlemen would take
up and remove. In the 9TH article of the
treaty are these words: 20.
"As it is reciprocally advantageous to
the commerce of France and the United
States to encourage the communication
of both nations for limited time in the
country coded by the present treaty, un-
til general arrangements relative to the
commerce Of both nations may be agreed
on: it has been agreed between the con-
tracing parties, that the French ships
coming directly from France or any of
her colonies, loaded only with. the pro-
duce or manufactures Of France Or her
said colonies and the ships Of Spain
coming directly from Spain or any of her
colonies, loaded only with the produce
or manufactures OF S pain or her colonies,
shall be admitted during the space of
twelve years in the port Of New-Orleans,
and in all other legal ports of entry with
in the ceded territories, in the same man
ner as the ships Of the United States
coming directly from France or Spain,
or any Of their colonies, without being
subject to any other or greater duty on
merchandise, OF other or greater tonnage
than that paid by the citizens Of the u.
nissd States"
This article gives to the ships of
France and Spain the same right of en-
tering the ports Of the coded territory
with our own vessels; and it preeludes
The ships Of all other nations from the
same right. Now if, asgentlemen con-
tend the new coded territory WITH the in
habitants should become Incorporated
with the United States, there will be
ports Of entry in the United States into
which French and Spanish vessels may
enter on terms different from those in
which they may enter other ports of the
United States. The Inference was that
here was a favor granted to the port Of
New.Orleans over other ports. This
was against an important principle Of the
constitution. For in the ninth section
Of the FIRST article, we find "no prefer.
ence shall be given to any regulation Of
commerce or revenue to the ports of one
state over those Of another" This trea.
ty then becomes law of the land-It
was made commercial regulation. 1t
gives to the ports Of the coded territory a
preference to any other ports. Because
the produce of France and Spain can be
earr,ad ohsaNae 80 H.. MOVIE th, , . n INV