The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-01-31

a monstrous position is this, that the trea
ty making power has the competency L
change the fundamental relations of the CON
st'tuton itself! That a power under til.
constitution should have the ability to change
and annihilate the instrument, from whiC'
1t derives all its power-and if the treaty
making power can introduce new partner.
to the political rights of the states there is
no length. however extravagant, or inconsis.
tent with the end, to which it may not be
wrested. The present President of the u
States. when a member of the Virginia
convention tor adopting the constitution, ex
Pressly declares that the treaty making
power has Limitations and he states this as
one, "fhaf IL cannot ALLEVIATE any essential
rTShf-Now is not here an essential right
to be alienateas The right to that proper
ton OF political power, which the constitu-
ton has secured 10 every state, modified on
~ ny such internal increase of states, as the
existing limits OF the territories at the time
OF the adoption of he consitution permitted.
1.-The debates of that period chiefly
turned upon the competency of this power
TO bargain away any OF the old states. 1t
was agreed at that time, that by this power
Old states within the ancient limits could not
be sold from us And maintain that by il
new states without the ancient Limits can
not be saddledup us. 1t was agreed at
that time that the treaty making power
could not cut off limb" And main ain
that neither has il he competency to clap a
hump upon our shoulders. The fair pro-
portions devised by the constitution are in
Doth cases narrec, and the fate and felicity
OF the political! beings n naterial paricu-
lars, related to the essence of his conStilu~
ton affected. 1t was never pretended by
the most enthusiastic advocates for the eX-
tent OF The treaty making power, that it ex-
ceeded that of the king OF CIR At Brita,n o.
Yet ask, suppose thai monarch should
make treaty STIMULATING that Hanover or
Hindosian, should have RICH, of rcpresen
tation on the floor of Parliament--would
such treaty be binding No. sir-Nor as
beheve, IT House of Commons and of Lords
could be found venal enough to agree toit. -
But a!tho' in that Country the three branch
es OF the legislature are called cmnipotent
ana the people might not deem themselves
iJus'lhed IN resistance, yet here there is no
apology OF this kind, the limits of our pow L
are distinctly marked, and wheE the three
branches OF this government usurp upon
this constitution in particulars vital to the
liberties OF this people, the deed is at their
peril
have done with the constitutional argu-
ment. Whether / have been able 20 con-
vince any member of this House, am ig
inns VIII not say, because | am indeed
deeply anxious to prevent the passage of this
Dill y this am certain, ,nweyer that
"heh the discussion of this dly is passed
way, en- party spirit shall no longer pre-
vent the people of the u. 5. from looking at
the prlnciple assumed in it, independent of
gross and deceptive attachments and anti
Pathies, that the ground here defended will
De acknowledged as a high coustitu,io a
oui"ark, and that the principles here ad
Vancsd VII bs appreciated.
WI add one word, touching the situati-
on OF New Orleans. The provision of the
treaty Of 1908, which STIMULATES that j. shall
De admitted az soon as possible" does rot
therefore imply violation of the CONSTITUTE
on. here are ways in which dis may con-
stltntionaily be effected by an amendmen.
OF he Constitution or by reference O con
ventlons he people in the stare. And
&c suppose, tnIt in relation to the objects Of
the present bill, Qhe people of NV Orlears)
no great difficulty would arise. Considered
a~ an important accommodation 10 the Yves
ern States, there would b. no violent obiec-
tlon to the measure But this would moi an
S"er an the projects, to which the princi
pie OF this bull, when once admitted. leads
and is intended t. be applied. The Whole
extent of Louisiana is TO be cut up into indie
pendent states to cuunJerDa ance and to
parallze whatever there is o. influence in o.
theT quarters OF the Union. Such power
am well aware, that the people of the
states would nevs gran; you. And there
io'e, II you get it, the only way is, by the
mode adopted in this bill--bv usurpation.
ne objection here urged is not new one.
refer with great delicacy the course pur-
sued b any member of the other branch of
the legislature; yet have it from such an
thorlty that l have an entire belief of the
tact' that our present minister in Russia
theh member of that body. when the Lou
isiana treaty was under the consideration Of
the SENATE, although he was in favor Of The
treaty, yet expressed great doubts on the
ground OF consututionality. in relation to our
Coh'rol over the destinies of that people. md
'ne manner and principles on which tGey
could be admitted into the Union. And it
Goes appear that he made two several mo
tlohs IN that body, having for their object.
as vowed, and as gathered FROM their ma
lure an alteration in the constitution To eua-
Die US to comply with the stipulations of that
convention.
! VIII add only a few words in relation to
inc moral and political consequences If T..
sorping this power. have said that II
"ou'd be a virtual dissolution Of the Union !:
aho gentlemen express great sensi5iity a.
the expression. -
but the true source Of terror is not the de-
lc'ar"t'on have made, but the deed vru pro-
pose. lSthere moral principle Of public
law better settled IN. rnfre CO, f,,.,- IL -,