Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1803-12-09
CONGRESS-
OF THE
" M TsE D S T a Z E s.
HOUSE OF REPREsE NATIVES.
TUESDAY, October rs.
TuEsDAr, October Is.
DEBATE On the LOUISIANA TREd1 ~.
CONTINUED.

By this, it itagreed that rencfl snaps COM
inr directly from France, or any OF her
colonies, loaded only with the produce or
manufactures Of France or her said colonies
shall be admitted for twelve years into
New Orleans and the other legal ports OF
entry in Louisiana, without being subject
to any greater duty on merchandise or ton
mage than is paid by our own citizens. The
like covenant exists with regard to the
ships, ports and colonies of Spain. This.
they say, is a violation Of a declaration
contained in the ninth section OF the frst
article of the constitution, which declares
that no preference shall be given by any re-
gulation of commerce or. revenue to the
ports of one state over those OF another.
Inmy view of this subject, Mr.. Chair
man, this prohibitory clause of the constl-
tuition is meant as a check to the legislative
power of Congress only; and yno means,
as a restraint upon the treaty making power
s of the President ma Senate. The consti-
tuition leaves this, very broad and with
great wisdom; i being improper and i'm
possible to Limit the negotiations which it
might be expedient for this government to
make with other governments. From the
silence Of the constitution on the matter
and extent of treaties, it has been argued
with great appearance Of truth and fairness.
that there is no constitutional boundary to
the treaty-making authority. Hence, ac-
cordmg to this mode ofreasonin8, the trea-
ty-aeaking privilege, being SO vast and I'M
limited, IS unfettered By constitutional I'M
pedlments, and Ike that great charter OF
freedom itself, originates fronn its own
source, supreme laws of the land. A trea-
ty therefore ean scarcely be conceived to
be unconstitutional; except in the case of
outragng 81 common principles, rights and
feelings. Oh This ground, the commercial
regulations OF the 9TH article are secured a.
gainst all charges Of unconstitutionality.,
But, even if the treaty making power
was not SO extensive and mighty, there
would be no violation Of any of its directi-
ons by granting the favors to Spain and
France which the treaty stipulates. For
the preference forbidden by the constitu-
ton applies to states in the union and equal
members thereof. The domain we are a.
bout to acquire is not state; for that is a
sovereign and independents republic. Nor
is it a province; this being an. Inhabited
country subdued by force Of arms. Nor is
It colony; which is a sprout or scion, as it
were of the nttrunk. Units relation to
us, it is a territory, a word signifying .
peculiar and mingled idea of a country and
inhabitants in the. inctoafe 81. i7iti;al condi-
ton ofarepublie. BY the treaty therefore
there is no preference given TO one state O.
yer another, in anycominercial regulations.
The port of New Orleans is not a part OF
any state IN the union The abolition Of
the discriminating duties in favor of the
two European nations is. confined absolute
" to the ports of Louisiana. They have
no preference In the ports Of any Of the
states Nor IS there given to one any adj
vantage over the other. Inright construc-
ton, these :ndulgencies are, in fact, par !
Of tbs purchase money; and on account OF
this valaa5ie consideration, Congress will |
have less nlosasy to appropriate and the ma
tiQa shersbx ~ saved from several millions
ofadditionai der. Our constituents have
certaif.y Isl @ap reas on5to rejoice at this.
therefore conclude that the apprehension
and alarnse Spfessed blythe two gentlemen.
from Virginia Mr.. ]. Lewis andsMr. Grii- |
fms were wholly untounded. There is no
breach of the constitutions.
Notwithstanding all this, one gentleman
says, the adoption of this 9TH article will |
give 9 death wound to the northern com
merce OF the United States;o and another
declares, " that underit, France. and Spain
will gain monopoly of the commerce and
navigation Of Louisiana, and the adjacent
country Mr.. Ne. said he could NOT con-
sceiye how this, should happen. Ever since