Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1803-12-28
CONGRESS
OF THE
u NITED STA TIES.
DEBATEm the SENATE on tbs LOlFI
SLdNA TREATY.
CONTINUED.
THuRsDAr, November 8.

- An GGt altt12flst5Ig tfsS C1c,!eS0-to q 2s1eS
to- the amount Of eleven millions tzv0 mn.
drsd and !ff7y tt2usaaa d2llars far me.
purpose Of carrying into e9set the Can
uention Of the tairtieth IF doril18o5, BE-
taueea TIE Uuted States Of 4perica and
the French Republic md making provision
for the payment q the same" under con
sideration.
cir. Tracu1sas- Sibesch Gpaaeluasd.yss.
The parsgfaphin the contltution, when lays
that 6 New ltases may be admitted by congyeis
into this union, has been quoted to inRify this
treaty. To this two anfwers may be given,
either Of which are conclusive in my favor
FirR, ii Congress have the power collectively of
admitting Looifiana it cannot be yefcd in the
Pfeiidenf and Senate alone. Second, congre!s
have 40 power TO aani. new foreign states uro the
union, without the consent of tn: old partners -
The article of the contribution, it any perfon will
take the trouble TO examine II, refers II domsAic
itatrs only and not at all to forelgn Rates; and
ii is onreafonablc 20 fuppoie that Coagfris hould
by majority only admit New Foreign ltates,
and fwalow up, by it, the old partners @hentwo
thirds of all The members are made reqnlite Tor
the leaft alteration in the contribution. The words
of the contribution are completely fatisicd, BY a
contribution which hall include only ,h9 adm!iiion
of denettic fales, who were all parties, 70 the
revolutionary war, and 10 The compact; and the
G,rit 9th observation-disclosures TO embrace no other.
Bur repeat il, If the Congrels collectively has
this power, the PRECEDENT and Senate Cannot of
courfe have it excluivcy.
think sir, that, from fair construction of
the constitution, and an impartial view o. the
nature ard principles of eur ASSOCIATION, the Pie
sident aud Senate have not the power of thus
obtruaing upon us 9usiana.
But it is said, that this Sd article Of the treaty
only promises an introdu tton OF the inhabitants
Of Louisiana into this union, as soon as the pfin
cip,cs OF the federal government will permit;
asd that, if.it is Unconstitutional, IT is weld; and
in that case we ought TO Garry into effect The
constitutional part.
To this, | answer, if tits promise osay to
admi, inro the>union, and this promise is uncon
stitutional; while agree 1t is void, il must be
agreed on the Other side, that il makes The whole
treaty VOID /; and that one article in a treaty
being void, either from an unconstitutional, or
any other innposslbility to carry it in-o effect,
Glnent OF any and every part OF it. No principle
IN the law OF nations respecting the construction
of treaties, is better settled, than that every
article of treaty, is consideration for every
other artlcle: and if ANY enc article shall be
expungcd, o: It's performance becomes impossible,
theoppostc party is released from performance.
And my opinion is, that new negociatlon upon
The subject of this tery arscle, ard an agreement,
on the side Of the Fsench government. 70 release
us from compliance with this article, can alone
render Us safe, in paying the money. After We
have paid the moaey, the II, 100000 Of dollars
and have fulfilled with ever SO much conscietl-
tous punttuality every otter part of the treaty,
yet if We refuse Al admission Of these people into
our nnion, the French may, and probably will
say, that TO give the people OF Louisiana the full
and complete rights Of citizens OF the United
States, was their great and leading motive 10
cediug to US the territory, and If we deny theG
thar, the treaty yolI, and they will take them
back agan, and give them the enjoyment Of real
liberty, under the First Consul They will b.
justified by the law of nations if they do so; but
how shall We stand justified IS We pay tbs m5ncy,
which With the interest amounts 10 % or ~
millions CT dollars, and finally, get nothing for
it unless NC call breach of faish, and war
with Esance, an acquisition?
The 9TH article admits for twelve years the
ships OF france aud Spain into the ceded terrific
sy, free Of foreign duty this is giving com.
inercial preference to those ports overtle other
pores OF the United STATES; because its veil
known that duty OF A cents on tonnage, and
10 per cent. on duties, a5e paid by all foreign
ships or vessels IN all the ports Of the United
States. FIT be said we must7tepeal those laws,
and hen tie preference will Cease, the answerls
thar thls- til article gives inc exelxsue right of
entering the ports of louisiana TO tile ships of
France and SPAN, and if our discriminating duties
were repealed this Gay, the prJefssee would be