The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-02-02

TO with ioreign Nations ii would have been
unreasonable TO have attempted a speci6ca-
ton # all the cases in which external regu-
la i ms would from time to time become ex
pedient and necessary. No human being
cuUld i,Gesee all The contingencies that might
occur in the practical operation of the gov
ernmsp,, which require the inrerposition ct
the treaty making power. therefore con-
tend, that a treaty, once ratified by each CO
ordinate department. OF the government, be
comes the supreme Law Of the land, and is as
building OH this House, an article in the
cotisti ution itself. Ioilustrate this position
beyond the reach of contradiction, and ,ogive
toreason the aid OF an express provision in
the constitution lbeg leave to quote from ar
ticle 9th the following words" This consti
tu,i n, and the laws of the u ), which shall
be made in pursuance hereof, and oil treG-
fics mode o., svhfrb shall be made under the
authority Of The u. States shall be the So
Jtreme iaqv IT the land. And the judges in
every state shall be bound thereby any thing
in the constitution o, laws of any state to the
Contrary notwithstanding" The distiction
here taken between laws and treaties can
not be misunderstood laws are to be
made H. pursuance of the constitution, trea
ties g. under the authority Of the United
States"
.vlmit, sir. that an article in treaty.
provision o; the Constitution, ewould not be
binding, but who is to be arbi'er between
the treaty making power and the Constitu-
zion! VIII you conhde this gigantic power
TO the Supreme Court OF the u. 5. and give
to that l ihunal the exposition Of all contro-
verses growing out of treaties conven-
lions with foreign nationsf I presume no
gentleman will advance 4 doctrine absurd
and ridiculous. If then the other three
branches pf he ppna
mine treaty constitutional, by passing the
necessary laws to carry it into effect, it be-
comes the supreme law of the land, and,
so faras its s,ipuialions secure personal pri-
vileges, and The rights Of property, they
must be fulfilled.
Let us now enquire what are the obliga-
{ioDs which we have contracted. in rela ion
20 the irhabi ants of Louisiana, BY the treaty
OF cession with the French republic. The
SD a''icie ef THAI treaty stipuiates, that 1.-the
NH 'itantS of the coded territory shall be
inourl oil ased into the Union of the u. S and
adnitted as soon as possible. according to
she pr nciples of the Federal Cnusti ution,
the enj oyment of all the rights and i'm
purities of citizens of the y States; and
In thu mean time, they shalt be maint;:ined
and prote cted IN the free enjoyment of theis
liberty, property and the religion which they
profess" Ard are we sitting here , to deli
beraie whether we will perform these so
leun engagements which have been enter
G. Info by the constituted aUthorties and
which are presented to US hn the imposing
attitude oil the supreme law Of the land p
A ntt the principles OF the constitution
IN p'.iS'n with these engagements Article
the 4th, Sec. Sd, "new states may be adj
rni,tcd by he Congress into this Union, but
no new state shall be formed OF erected
within the jurisdiction of any o'her state,
no' cry state be formed by the junction of
tive or more states or parts of states, with
out tn, consent of the states concerned as
well as OF III Congress" Here then is a
general power to admit new states, and
challenge aay gen ieman to shew that it is
cGDhDed to the original territory belonging
10 the u. S--There is no clause OF the con-
s;ituiion which contains such a limitation.
even by the reMotest Implication Such a
construction would not only be contrary to
the letter but TO the spirit of the article to
which have referred For fother terrific
ry thar that which belonged to the u. S. at
the time OF the adoption of the federal con-
s,itution was not intended TO be incorpora
ted into the union why has it been the
Constan, practice of the government 20 an
nez Indian territory 60 the old states, and
to fo,m aew states of lands purchased from
the different tribes Of Indians in the United
Siatese They are foreign powers, acknowl-
edged aud treated with as such, from the
commencement OF the government; and the
objection urged on this occasion would ap
plt It'll equal force against the extirguis
ncnt IS Indian title. trust sir, that e.
nough has bees said, 20 satisfy every candid
iptii ridUal OF this body, that the territory
which, it is the object Of tins bill TO create
into 2 separate commonwealth. was fair!r
arr conSti,utiOnally acquired that we are
b. n by the sacred obligations Of treaty TO
ext nd 70 ats inhabitants llthe rights. ad
vaH' ages and inmunities OF citizeDs of the
u, States" and that heir ex sts no consti
&u soGai barrier to a iulfilment of that UNDER
taking the part of the u. States The
IN ST approved writers on public law, de-
cIares that " he who has made promise
10 any one. has conferred upon him true
right TO reqUIre the thing promised. and
that consequently not 10 keep perfect pro-
mise, is to violate the right of another; and
Is rs manitestan injustice as that of depri-
ying person OF hts property. And further,
as he engagements Of treaty impose on
the one hand a perfect obligation, they pro
dUoe on the other perfect right. To vic
late a treaty, tfeu, is toviolate the perfect
righ, Of hIm with whom we have contl ac ed,
and dis is to 90 hin an Injury" ] conceive
the character of the nation to be deeply in
VolS ed ia the question now before the house
II we refuse to perform the legal, moral
and political obligation, which isimposed ON
us by the treaty OF cesson, to incorporate
the inhabitants of the coded territory into
the Union OF the y. s. and to admit them
fIo~