The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1823-01-17


be consistently maintained by those, who
could find in the constitution of the United
States authority for the exercise Of all
/ these powers in Louisiana.
| General Smyth has, therefore, done me
/ great injustice in drawing from these votes
the conclusion that was governed, in gi-
wig them, either by principles of faction or
by hostility TO Louisiana. Its well known
/ To all those with whom acted at the time,
rs well those whose votes concurred with
mine, as those who sanctioned by their
votes these assumptions Of constructive
/ powers, that my Oice and opinions were
an Jdror of the acquisition ofLousiana, and
at the ratification of the treaty by which II
was acquired. The power TO make treaties
j y by the constitution given To the President,
with concurrence of two thirds of the Sc
majors present, upon the question for their
advice and consent, iciHom limitation. Ii
extends 10 whatever can form the sub lect
! olHeaheS between sovereign aud indepen-
/ dent nations. Of the power to make the
treaty, therefore, | had no doubt, as having
been granted by the constitution. But the
power to make treaty, and the power TO
carry ltinto execution, are, by the organ.
u
| The former is merely transaction with
foreign nation. To have limited that would
have been TO limit the power orthe nation
! ltseli IN IT'S relations of intercourse with o.
th'r states. 1t would have been an abd-
cation, by the nation itself, Of some of the
| powers appertalnlng to sovereignty, and
nave placed IT on a footing of inequality
with other soyereigns. But the latter, the
power 10 carry treaty into execution, i'm
ports the exercise of the internal power Of
government, and was subject to all the IL
mutations prescribed by the constitution to
The exercise efthuse powers. In the very
Message by which President Jefferson com
muhcatcd this treaty to Congress, after its
Publications had been exchanged, he said,
ou VIII observe that sumo important
conditions cannot be carried into erecu-
non but with the aid Of the LEGISLATURE"
1 ihlsls circumstance common 10 many
treaties aud has frequently given occasion
70 debates IN the House Of Representatives
how far they are bound 10 sanction, in their
legislative capacity, stipulations with TO-
| reign nations, soemnly made and ratified
by The trcaty.making power. But the
Louisiana purchase treaty did, IN my op;n-
!
something more. 1t required the exercise
OF powers which had not been granted To
| 70 1bfcss ilsell; of powers reserved hv the
people OF The United States to themselves,
and OF powers inherent by natural right in
the people OF Louisiana. The union ofthe
two people required the express and for
mai consent OF both. So far as the rights
oil rance were concerned, they had been
eAt'ngulshed by the treaty. TO appropri-
ale aud pay the money stipulated Tor the
purchase of the territory, believed to be
within the legitimate powers of Congress !;
though even that was a constructive pow
or. But that the social compact, with all
us buriheus and all its blessings, all its pr-
'll'ges and all its powers should he formed
between the people of the United States,
and the people Of Louisiana, MAS, accord
lhS To the theory of human rights, which
mad learned from the Declaration of indie
PenueHce, an act, the sanction Of which
Gould beconsummaed only by themselves
lhe people OF the United States had not
much less thcpeople of Louisiana, given to
Vie Congress ofthe United States the pow
er to form this union. And until the CON
sent Of both people should be obtained, =
very act of legislation by the Congress Of
Tie United States over the people of Lou
slaha' distinct from that of taking posses
sion OF the territory, was in my view uncon-
stithhonai, and anact of usurped authority
Wy OPINION, therefore, WAS, that the scn5e
OF the people, both Of the United States
aud Louisiana, should Immediately be taken:
"i the ilrst, by an amendment of the con
sltnuon, TO be proposed and acted upon in
'le regular torn aud of the last, bv taking
me votes OF the people of Louisiana immc-
uldtriY after possession of the territory
should be tahtn Iy tie United States undtr
the treaty. | HAD no doubt that the con
sent othoth people, would be obtained with
rs much .ase, and little more loss of time.
Than 1t actually took Congress to prepare
an dct Tor the government OF the territory +;
dhd tho ht that THIS course Of proceed
ing, While II would terminate in the same
result as the immediate exercise of uu-
granted trahscendehtalr powers by Congress-
WoI!d serve as landmark Of correct prin-
cIple Tor future times, as ampmorial of bO-
mage TO the fundamental principles OF civil
society, 10 the primitive sovereignty of the
people, and the unaeDabIt rights Of man.
Entertaining these opinions of the 3rd Of
November, 1908, | voted with the mniori
ty for The bill appropriating Sl1 $50, 600 to
carry INFO elect the Lonsiana Convention ::
: aud IN a speech to the Senate upon the
passage ofthat bill, the substance ofwhicb
was printed in the n. InteI!igencer, Of 25th
November, 1908, declared at once nv an
probation OF the measure, and my belief
that, to carry the treaty into entire execu-
non, ah amendment To the constitution
would be Heccssary. My vote on this bill
is recorded in the same journals of the So
nate to which General Smyth has resortcd
to fad his charges against me but he has
not thought proper to notice either thai or