Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1823-02-15

| by those, who could find in the constitution of
the United States authority for the exercise Of
all these powers in Louisiana.
General Snyth has, therefore, done me
great injustice in drawing from these votes
the conclusion that was governed. in giving
them, either by principles OF faction or by
hostility to louisiana. 1t is well known to all
thnse with whom acted at the time, as we'll
those whose votes concuIred with mine. a.
those who sanctioned by thair votes these as
symptoms OF Constructive powers, that ny.
voice and opinions were in ftvor OF the acqui-
slhon OF Louisiana, and Of the ratification of / e
treaty by which it was acquired The power
10 make treaties is by the constitution given to
the President, with concurrence OF two thirds
OF the senators present, upon the question for
their advice and consent, 1eih0m limitation. 1t
extends to whatever can form the subject OF
treaties between sovereign and independent
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 it in
to execution, are, by the organization of,our
government, not the same. The former is
merely transaction with foreign nation. To
have limited that would have been to limit the
power of the nation Itself in Its relations of in
| tercourse with other states. 1t would have
heen an abdicsiion, by the nation itself OF
| sume q. the powers appcrtaining to sovereign
! ty, and have placed i. on footing OF nequah.
| ty with other sovereigns. But the latter, the
power to carry treaty into execution, I'M
ports the exercise of the internal powers of
government, and was subject to all the Hmita-
! tons prescribed by the constitution 10 the ex-
ercse Of those powers. In the very Message
! by which President Jefferson communicated
this fFeatW t'Qnapos atf ifo foo
had been exchanged, he said, " You viii OBJ
serve that some important conditions cannot
be Carried int erecatf9a but with the aid OF the
| Leglsature.' This IS a circumstance common
to many treaties; aud has frequently given
occasion to debates in the House OF keDresen-
tatYes now IN they are bound to sanction, IN
their Legislative capacity, stpulations with To-
! reign nations, solemnly made and ratified by
| the treaty making power. Bat the Louisiana
purchase treaty Old, N my opinion, TO be car
RED INTO execution, require some thing more
1t required the exercise OF powers which had
not been granted 70 Congress Itself OF pow
ers reserved by the people Of the Unled
States to themselves, and Of powers inherent
by natural right IN the people Of Louisiana
The Onjonof The two people required the eA-
press and torml consent of both SO far as
the rights OF France were concerned, they had
pirate and pay the money stipulated for the
purchase OF the territory, believed to be
within the legitimate power Of Congress !;
though even that was constructive power
| But that the social compact with ali its bur
/ linens and all its blessings, all its privi-
! icges, and all ITS powers. should be formed be-
tween the people Of the United States, and
the people oi Louisiana, was, according to the
theory OF human rights, which had learned
from the Declaration OF Independence, an act
me sanction Of Which could be contaminated
only by themselves. The people of the Unit
ed states had not, much less had the people
! OF Louisiana, given to the Congiess ofthe Unit
ed states the peWer 10 form this union. And
until the consent OF both people should be OBJ
tanned, every act OF legislation by the Con-
gress Of tho United States over the people of
! Louisiana, distinct from that OF taking posses
SION OF the territory, was ~ my view uuc0n-
stitutlnnal, and an act Of usurped authority
| Ny opinion, therefore, was, that the sense OF
the people, both OF The United States and OF
Louisiana, oaidimmediatel} be taken; Of the
tirst by an amendment of the constitution, 70
be proposed and acted upon in the regular.
form and OF the last, by taking the votes II
the people OF Louisiana Immediately after p )
| session OF the territory should be taken BY IA
United States under the treaty. | had no
doubt that the consent Of both people, would
| be obtained With as much ease, ami ltie more
loss Of time, than it actually took Congress t.
prepare an act for the government OF the ter
ritory; and thought that this course of pro-
ceeding, while il would terminate IN the s,ihe
result as the immediate exercise of ungrantea
transcendental powers by Congress, would
serve as a landmark, of correct principle for fu-
tuge times, as memorial OF homage to the
fundamental principles of civil society, to the
primitive sovereignty of he people, and tbs
unadenabie rights OF man.
Entertaining these opinions on the Sd of
November, 1893, voted with the majority for
the bill approprlating S1l,250,000 10 carry
into effect the Louisiana Convention; and IN "A
speech to the Senate upon the passage Of thai
bill, the substance of which was printed in the
National Intelgencer, of 25th November,
1903, declared at once my appreciation of the
measure, and my belief that to carry the treaty
into entire execution, an amendment to the
constitution would be necessary. My vote ON
this bin is recorded in the same Journals Of the
Senate to which General Smyth has resorled
to find his charges against me- but he has not
thought proper to notice either that or the
printed speech, which, if known 10 him, leaves
him without excuse for Representing to you
my votes upon the other bills of that session
relating to Louisiana as having been dictated
by the spirit Of faction or by hostility to Loui-
siana.
On the 25th November 1908 as annears hy