Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1804-01-05
CONGRESS
OF THE
u United S TAT E S.
DEBATE in the SENATE on tho LoLL
sSIAN.d T.REAI'2.
CONTINUED.
THURSDAY, November 8.

T. GfcH Ut~ .JjS5 s1s0' t'l ~ - ~
| purpose Of carryiag into esfect the Con
veasffop Of the fhirtteth Of April 1908, BE-
tzpeen the United States of Amsrica and
the French Republic a,aa.moklngg provision
/ far thepayneat gfthe same" under con-
| sideration.
Mr.. Nicholas.--Mr. President, so
much has said upon this subject that
but little remains for me TO say, as mean
to confne myself to q few observations that
! | have not heard made BY others 1t is
Extraordinary that arguments to shew the
unconstitutionality OF the treaty, should be
! addressedto this senate, to prevent its exc
| cution, after two thirds of this body have
advised and consented to It's ratification.
| The motive for this must be what was sug-
gested blythe gentleman from South Caro-
lima; an expectation Of making Impressions
| unfavorable to the treaty; and that, after
| the full discussion that has been had, the
friends of the treaty, would not deem it ne
cessary to refute arguments SO unseasona-
| bly, repeated The gentleman On the other
| side differ among themselves. The two
gentlemenfrom Delaware say, thatifpeace-
able possession is given of Louisiana this
bill ought to pass, the other gentlemen
who have spoken in opposition to it have
declared, that if they believed the consti-
/ tuition was not violated by the treaty, they
should think themselves bound to vote for
the bill. 70 this senate it cannot be ne
| cessary to answer arguments, denying the
power of the government to make such
treaty; it has already been affirmed, SO far
as we could affirm it, by two thirds Of this
body it is then only row necessary, to
shew that we ought to pass the bill at this
time. In addition to the reasons which
| have been SO ably and forcibly urged by
, my friends, will remark, that the treaty
making power of this government is so
limited that engagements to pay money
cannot be carried into effect without the
consent and cooperation Of Congress
This was solemnly decided aitera long dis
cussion Of several weeks, by the House Of
Representatives which made the appro-
priations for carrying the British treaty IN
to effect, and such Ibelievc is the under
standing Of nine tenghs of the American
people, as 10 the construction OF their con-
stitution. This decision must be also
known to foreigners, and if not they
are bound to know theextentof the powers
| Of the government with which they treat
If this bill should be rejected, ask gen
tlemen whether they believe, that France
would or ought, to execute the treaty on
| her part. 1t is known to the French CO.
vernment that the President and Senate
cannot create stock, nor provide for the
payment of either principle or interest OF
stock and if that government should be
| informed that a bill, authorizing the issue
stock, to pay for the purchase, 6 after pas
session shallbe delivered" had been reject
ed by the only department. Of our govern
ment competent TO the execution oflthat
part of the treaty. they would have ,ng
ground to suspect, that we did not e an
to execute the treaty or our part; pa u
larly when they are informed, that te 81,
guments most pressed iii oppositionto the
bill, were grounded upon belief, that The
government OF tie United States had nota
constitutional power to execute the treaty.
Ofone thing am confident, that if they
have the distrust ofus which some gentle
man have this day expressed of them, the
country wiIlnot be delivered to the agents
of our government, should this bill be rel
jected.
The gentleman from Connecticut, fhd4
ing himself unabeto combat or refute the
able and ingenious exposition of the Sd ar
ticle of the treaty given by my colleague,
has attempted to lessen the force of his OBJ
servations BY representing him as having
given construction to the constitution. by
which the treaty making power is rendered
omnipotent. l3ut inthis instance as in ali
Others, it must fail ofproducing the intend
ed effsct mith such IN accar,,h LII =. L.: