Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1806-09-19

Oh puDtsC Ialtns ESAusE 70 aAuC~
ton any treaty entered into BY the exc
cutive under the auspices 9th ltgisla-
ture, and with powers. 80 unlimited:
that, hover great his confidence in the
chiefmagistrate, he would never consent
To give my president 30 dangerous =
proofofit: that his duties ~ memberof
that house, % the Independent represent
tative Of an independent people, were pa
ramount 70 every other consideration &
that he would never preclude himself, by
any previous sanction, from the unbiass.
ed exercise ofhis judgmen. on measures
which thereafter were to come before him;
that che house had no Official recommen-
dationfrom the executive for the step
which they proposed TO take, on the con-
trary twas in direct opposition to it's
sentiments asexprsssed in the con6den-
tial message; that the responsibility
would be exclusively their own; i. that,
If The president deemed it advisable to
purchase foreign territory, he was free to
enter into stipulations for that purpose
whilss congress would remain equally
fee 70 sanction or disapproye such STD
pulations or that, If he thought proper.
20 ask for an appropriation for that object,
The responsibility Of the measure would
rest upon him; but when the legislature
undertook ITO prescribe the course
which he should pursue, and which he
had pledged himselft TO pursue" the case
was entirely changed: that house could
have no channel thro' which IL could be
made acquainted with the opinions Of
the executive, but such ~ was Official,
responsible, and known to the consritu-
ton and that Il was . prostitution of it,
high and solemn functionsto act upon an
Unconstitutional suggestion Of the PRE-
vate wishes Of the executive, irresponsi-
bly, announced by an irresponsible indi-
vidual, and in direct hostility to Hrs A.
vowed opinions. ~ -, y
To every objection, the " Lsmsions
trece6ens," AZ il was called, formed the
only answer, although in the latter stages
Of the discussion, no reply was attempt-
ed. The doors were closed, and the
minority, whose motives were impezch-
ed, and WHOSE persons were almost de-
were voted down without de-
bate. IN reply to the easeof Louisiana,
IL wa said, that it vas no precedent az
all ! INT every argument drawn from that
source was utterly inconclusive in the
preseut instance !; thasno two cases could
be more dissimilar: that, except the par.
ties being the same, therewas no point
of resemblance ths., when Spain with
held from Us the right of depositat New.
Otleans, congress had acted on its own
instigation alone; they had not been
apprt2ed by the Executive of any hostile
movement on the part of Spain the ter.
,itery Of The u. S. had not been insnlted,
nor the fs,s1ns OF our citizens, u,ttin
our jurisdiction, eietated: 1t had been
officially announced to- Congress, that
=. their PROTECTION, as DeH az thr ihastor
OF our country, ressdered The inter
onef the national torcr Indispensable r
the chief magistrate Of the union had not
officially declared that the act OF ageres.
sion in question, was committed by per.
sons acting BY the orders and under the,
sanction d the Court of Madrid ON the
contrary, the house OF Representatives
had expressed, by formal resolution,
their belief, that the wrong in question,
had proceeded from the uaauth srisea
conduct d Ger tain Spaaish efSeeys, and
declared their determination, ia case il
should b sanctioned BY their govern.
.msnt, toredress the injuries, and pia- +.
d;eate the rights Of eur citizens. On
Thar DcrdsioH, Gonsress avowsd, tkas,
they would resort, in the frst instance,
TO an annieabls exPlanation with the Spa
nish court, on t6is, the fair experiment.
Of negotiation had been tried, and" 81.
Ter fUe months Of trnitiess endedvonr, on
eur part, to bring them 10 some defni-
tipe and sGfist factory result" had entire
y failed. Itcould not escape the rTecol-
lection ofthe house, to how great an ex-
element, the denial of n conventional