Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1828-06-05

IA wssuPsn the same principle, coascien.
t'ous belief that Congress bad not, by the con.
s''tution' the power to exercise the authorities
contained in Them, that, in the course of the
same session, Ivoted against the other acts re-
latng to Louisiana. enumerated in General
Smyth's address to you. They formed alto
gether system of absolute and unlimited row.
er, bearing upon the people of Louisiana, and
exercised by the Congress Of the United States
believed that this power had not been granted
to Congress either by the people of The United
States or by the people of Louisiana: and when
it was assumed by construction, could no, Der
cevs any Limitation to the constructive power
which could be consistently maintained by those.
WHO could find in the constitution of the United
States sutheFit. for the exercise of ali these
powers in Louisiana.
"Gen. Smyth has, therefore, done me great
injustice in drawing from these votes the cen.
ciasioa thsti was governed, in giving them.
either by principles of faction or BY bos,l,y 70
A'ouslsna. It's well known to all those p,h
whom acted a, The time, as well those wbose
votes ooncurred with mine, as those who SANE
toned by their votes these assumption. of con.
structive powers, that my voice and opinions
were IN fGssr ct the acquisition of Louisiana
and OF the ratification ofthe treaty BY WHICH !,
was acquired. The power 10 make ,y.o,,s. !. \.
the constitution given to the President. with
concurrence Vt two thirds Of the senator's n,e.
sent, upon the question for their advice and
consent, zcihhout GnnttanOa. hextends 10 wbs,
ever can form tho subjsct Of neaaes between
sovereign and independent nations. OF The
power to make the treaty. therefore, had M
doubt, as having been granted by the CONSTR,
tloa. But the power to make treaty. and tho
power to carry it into execution. are. by the
organization of our government, not the s,ne
'ae former IS merely transaction with a for
sign nation To have limited that would have
been to limit the power of the nation itself :,
its relations OF intercourse with other STATE. I,
would have been an abdica,ion. by the nation
itself, OF some OF the powers appertaininc TO
sovereignty, and have placed il on footing Of
inequality with other soveraigns. But the lat.
tor, the power to carry a treaty into execution
imports the exercise ofthc internal powers of
government, and was objected to all the limita.
ton prescribed by the constitution to the exer.
else ofthoss powers In the very Message by
winch PRESIDENT Jefferson communicated this
Featy to Congress, after its ratifioatons bad
been exchanged, he said. s'You win observe
'that some important conditions cannot BE- car.
'rfe6'"fo execution but with the aid Of the lie.
gis'ature. This is a circumstance common to
many treaties; and has frequently given occa.
sion to debates in the House of REPRESENTATIVES
now far they are bound to sanction, in their 10.
gislailve capacity, stipulations With foreign
nations, solemniy made and tpiffied by the
treaty making power. But the Louisiana pur.
chase treaty did, in my opinion. to be carried
into execution, require something more. II
required the exercise of powers which had no,
been granted to Congress itself; of powers re.
served by the people of the United States to
themselves, and of powers inheren, by natural
right in the people Of Louisiana. "The unios
OF the two people required the express and
formal consent ofbotb. So faras the rights of
France were concerned, they had been extin-
guished by the treaty. To appropriate and
pay the money stipulated for the purchase of
the TERRITORY, believed TO be within The legiti
mate powers OF Congress; though ssen tina,
was constructive power. But that the social
compact, with all its bur hens and allas bless
ines, all sprivileges and all its powers, should
be formed between the people of ths United
States, aud the people of Louisiana, was, 40
cordng to the theory of human rights, which
had learned from the Declaration of ndepen.
dence, an acs the sanction of which could be
consumated only by themselves. The peops
of the U. States had not, much less bad the
people ofLousisna, given to The Congress of
the U. States the power to form this union.
And until the consent of both people should b.
obtained. every act of legislation by he Con. |
gress of the U. States over the people q Louis |
lana, distinct from that of taking possession OF |
the territory, was in my view unconst tptionsi |
and an act of usurped authority. MY opinion, |
therefore, was, that the sense of the people I
both oc rho N CtaaAa and &c o,..s:..s. 4ah ntd