The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1823-02-05

ing The extent OF ,be powers Of Congress.
believed, ss stfii believe, that the cor,,i,u-
| ton OF the United Sis,es was n coosti,u,,on
OF hmrtd powers IhU some. Of these DOW
cts must be tossraefips, never doubted I.
oo' that th's construction rnust itself bsvo
some limits, was equally convinced, md Z
could not reconcile Il 10 ny iudg gmen,, ,hae
the afhos''y ~srrci,ed IN ihls section was
w',h'1she iegl sus,e powers o, ongress con.
10, Unable 20 the eonsliiu,icn. Were tho ou.s.
'ioo now new one, I have no he e,i,s,,on in
ssy,ng that should tetsin the same opin,o,,
and GIVE the same vote. And I am willing
nov 10 rrcord sgsin and to leave 10 nv
county and ic pos,crny the opinion thai ali
The other constructive pcwe,s, sssum. ed by
Congr,3 from tho sib Of March 1899, to
this duy. put together, ste, whether consider
ed in themselves orin their Consequences, uu-
equal TO the usosctndant power ss.umed, es.
e'es.S, and grsr'ed, by ,hs, little section.
IL was upon The same principle, conscien.
nous belief ,hst Congress had not. by tho
constitution, the powc, 10 exercise tho su.
thoiiues contained 10 them, A., in The course
o' Toe ~me session, ! voted sgains, the Other
ech refsung To Lnuisions, enume,atcd in
"enera' ony'h's pddress 10 you. They
'oimcd altogether o system oi absolute and
unlimited power, bearing upon the people Of
i.ouisisps, and exercised 10y the Congress OF
Tho Un'ed States. believe tho, this power
had not been gren'ed - Congress either by
the people Of the United States or by ,hs
people ol l.oUi'isns end when IL wa, assum.
ed by eonsnae,ioa, could no, perceive any
iimitsticn 70 'he constructive power which
ke A A. L..
could bnd IN the CONSTRUCTION of The United
S'c'.s au'horiiy Tor the exercise Of oil lheso
powers ,r Louisians.
Grnsfsl Smy,h has. the~fotc, done me-
grert injustice IN drawing Eom ,hose votes
the conclusion that was governed in giving
them either by principles OF faction or BY hos.
iiii'y TO Louisiana. !, is well known 10 ali
hose with whom pcted st The f,mc, ss welt
as those whose vo,esconcurred with mine, as
;ho.e who sanctioned by thei, votes these as
sumpuons oi constructive powers, that my
voice snd opinions were ~ Japor OF the ace
QUESTION oi Louisiana, snd. OF The ratification
of the irer'y ny which il wss acquired Tho
power 10 make hfafies, is by the constitution
given to the President with concurrencs Of
,wo thirds Of HE senators presep, upon tho
Il IMITATION 1T extend, 70 whatever csn ioruH
the sublact at treanes between sovereign sn,t
independent nations. OF the powes 70 mss, :,
the treaty, therefore, had nd doubt, % ~ "
ing been grsnted Ivy the constitution. pu,
the power 10 make u treaty, and the pnv ,r TN
carry I, into execution arc, by the or ,aoiza-
ton OF our government, n"i he cap, e. Thc
formar " merely Q transaction win for,i,,
nation. TO have limited that wovld bsv.
been to !imi, The power of ,te nation hself -
IT'S relations Of in,ercourse with o,het .,s,.s
l, would hsve hsen On abdics,ion bv IN. ma.
,ion itself OF snse Of The powers, spper,s,n,np
to sovereignty, and have placed j, on foot;nv-
OF inequality with o'het sovcreigns. Dot the
latter, The power 10 carry treaty into exeeu.
ton' ,mpors The exercise Of the in,cresl DOW.
ers o' government, snd was subiee, 10 oil tho
Limitations prescribed BY the constitution to
the exercise Of sboso powe,s. In tho verv
M-ss.ge ny which President Jsirry,on com.
munica,ed ,his ,issiy 10 Coov,e.s afer ito
rahheaiions had been excbanged. be saide
" You wit obsssvs ths, some important con.
d'i1ns tdhnof &c earrnd info ezeenron bGc
will he aid OF tbe Legislature" This Is q
circum'sncs common 10 many treaties F; and
bss !ssqreu'iy pivsD occasion 10 debates IN
the House oi Rep'cscn,a,ivc. how far ,ber
ass bopnd 20 sanction in ,bcir iegisls,iyc ca.
pseilt, siiruis'ions with f.seign nations, sol
emnly made and ratified by the ues,y .mskinc
possr. bot the Lounians porchsse ,res,y
did 10 my opinion, 10 be carried into cxecu.
100, require some,h'ng more. II required
tho exersnc Of powe,s which had aoi been
gtanod TO Congress tse't; CT powe,. eeserv-
I'd by ihs people Of h.e Uoi,ed States IN
end ofpow>fs inherent by natural
Ugh, in the people Of .ouisiaos. The unioo
oi the two pcnplo reqvissd me express and
formal orn>snt Of 5o'h. So tar as the tights
of France we're cooce' ned. they he'd been ex.
by the treaty. 10 appropriate and
poy .he bo,fsy stipulated Tor the po chase ~
the ,srritory, believed TO bo within The le-
giifDate powers Of CongreSi though even
tbs vas constructive pover-Bat ihst tho
social compact wi,h all ns Uv,d,ns sbd sIi It's
blessings, all IT'S privileges aud al, is powers,
.boold bc iormed be'ween tho people Of thu
United State = and the Decolc 1f Ioui,iyrn.