The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1811-02-13


lIialions of money are necessary 10 carry
treaty into effect, tie immediate Represents
iiyes of the people have salutary cheek on
the other two branches.
This wise aud judcious distribution of
power, forms an inpenetrable buiwaik around
-the liberties of tie American people. ILL.,,
from accidcn, or design, the President should
enter into engagements with a foreign nation
express provisions Of the constitution, the in-
,.rposilon OF the other departments will al
ford a seasonabe corrective To such derelIc-
uon Of duty. Ii is, however, TO be presumed
that in all our transactions with foreign coun-
uies, the influence of national attachments
viii induce the Executive councils to pro-
mote, as far as possible the welfare OF the \.
States. II would, indeed, be a novelty in po-
iiucai history, that an individual who is raised
by the voluntary slti"agcs OF his lellow-ci,i-
zcns 10 the first Office in their gilt, should
PROSTATE their rights and his power at tie
feet Of a iol eign prince. Gratitude, personal
respect, love oil power, and III short every
motive which can actuate The human mind,
operate To produce different result. Ihs &c
aIc the only restrictions which have been
thought W thc founders OF the constitution es-
senta to guard against the encroachments OF
the treaty-rnaking power IN this country. Ihe
enumeration III the constitution, which de-
fines the powers Of the respective depart
ments, was not intended TO apply to treaties
and con, entlons entered INFO with foreign na-
tlons. 1t would have been unreasonable 10
have attempted specification oil ali the cases
IN which external regulations would from time
TO time become expeIIent and necessary. No
human being could ioresee all the contingent
Cies that might occur IN the practical opera
ton cl the government, which require the
intcrpositIon of the treaty-making power l
therefore contend. that treaty, once ratified
by each coordinate department OF the gov
ernmcnt, becomes the supreme law OF the
land, and is as binuing on this House as an
article in the constitution Itself TO illustrate
dis position beyond the reach OF contradic-
ton, and to give 10 reason the aid ot an cX-
press provision in the constitution, beg leave
to quote from article 6th the following words:
Z" This constitution, and the laws OF the L.
States which Shall De made In pursuance
thereof, and treaties nade, or Tvhlch ShdU be
nade, Hhder He authority Of he ChHed
States shall be the suEreme iasv Of thc Mnd
And the Judges ia every state shall be bound
thereby, any thing III the constitution or laws
OF any bt,te 10 the contrary Notwithstanding.
The distinction here taken between laws and
treaties cannot be misunderstood laws are
to be made in pursuance of the constitution,
treaties under the authority OF the United
States" 1 admit, Sir, that an article in a
treaty, which would 20 to contravcne AN cx-
press provision OF the constitution, would not
be binding, but who is 10 be the arbiter be-
th III ~ anSl
stiution Will you confde this gigantick
power 10 the Supreme Court OF the I States
and give TO that tribunal the exposition OF all
controversies growing out of treaties or con-
ventons with foreign nations | presume no
gentleman will advance doctrine SO absurd
and ridiculous. If then the other three bran
chcs of the general government determine d
treaty constitutional, by passing the necessary
laws to carry il into effect, Il becomes at once
the supreme law of the land, and, SO far as
its stipulatons secure personal privileges and
the rights of property, they must be fulfilled
Let Us now inquire what are the Obligations
which we have contracted, In relation To the
inhabitants of Louisiana, by the treaty of ces-
sion with the French repubiick. The 3d ar
ticlc OF that treaty slpulates that ''the in-
hubltants of the cedcd territory shall be iu-
coporated into the Union of the Y. States,
and admitted is soon as possible, according
to tac principles Of the Federal Constitution,
to the enjoyment of all the rights and i'm
munities oil citizens of the \. States and,
in the mean time, they shall be maintained
and protected in the tree enjoyment Of their
liberty, property md the religion which they
profess" And are we sitting here, to delib-
crate whether we will perform these solemn
engagements which have been catered into by
the constituted authorities, and which arc
presented to us in the imposing attitude of
The supreme law of the land Are not the
principles of the constitution In unison with
these engagements Article the 4,h, section
81, new States may be amiped by the Con-
gress into this Union, but no new state shall
4 4. IL.