Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-02-16

iniercnccs from this Act were, tbst ,hs. But my
tween tho British government and the mart, PC
sacnusetts opposed TO Mr. Jefferson, a channel -.
communication through the governor of Nova SCOT;
which ne was exercising to iniiame thor hat,s,,
against France and their iealouses against their o,
government. The letter was not to any leader of
the federal party; hut | had no doubt il had been
shown tn some of them it had been to me- withon,
injunction nj secrecy; and, us supposed with yeu,
to convince me that this conspiracy between Napoleon
and Mr.. jefferson really existed. How that cbnnno
of communication might be- further used was mate.
OF conjecture; for the mission Of Mr. John Henry WINS
nine months after my interview with Mr. JofTSrson
cnu PrecseIy AZ inc time when was writing to my
friends IN Congress the letters urging the substitn
ton of the non-intcrcourse for the embaroo ~,
ar Henry mssion knew nothing till il Was dis
closed By himself in 1872.
II was in these letters of 1903 and 1900 Tint T
mentioned the design of certain Lea,fer, of tho
federal party to effect dissolution of the Union and
the est abIishmnnt of Northern Cvnfedcrucy This
design had been formed in the winter of inOeI
immediately after, and as consequenc. of the nc
QUESTION OF Louisiana. Its usying causes tn those
VINO entertained IL, were, that the annexation Of
Louisiana to the Union transcribed the constitutional
powers of the government of the United Stntes
That 1t formed in fact new confederncv Tn ,vh;c
the States, united by the former compact were no,
bound to adhere. That it was oppressive to tho in
cres's' ana obstructive 10 the influence of the Nor
thcrn section of the confoderacy whose rsht and
duty 1t therefore to secedc from the new boav
rohc, ana to constitute of their own Tbi, plan
was so far matured, that the proposal had been made
III.
TO he placed at the head of the military n,nvamepts
winch II was iereseen would he necessary for carry
ing INTO execution. in all this there was no overt
act OF treason. In the abstract theory of our gov
eminent, the obedience of the c,.iz IN 10 no, duo t an
unconstitutional law. lie NAV lawfully rcsist ire ey
ecuuoh Ii single Individual undertakes this re-
sSla,ce' our constitutions, oth of the United States
ana o each separate State, have provided iudiciary
power, Judges, and luries, decide between the in
dvidual and the Legislative act which he hos resisted
as uhconsntutiohal' But let us suppose the case
81 lafrt- lniiN -.
Union are past conflicting with acts of Congress- and
commanding the resistance of their citizens AGAINST
Them anu what eise can be the result but war
civil war: and is not that de frto a dissolution of
the Union. so IA az the resisting Suites are CONCERN
ed' and what would be the condition of every c,;ycn
IN the resisting States? Bound by the double duty OF
allegiance to the Union, aud TO the State, he would
be crushed between the upper and the neither mill
stone, with the performance of every civic duty con-
verified into crime. and guilty of treason by every
act OF obedience TO the law.
That the power of anneXing Louisiana 70 this
Union had not been delegated to Congress. by the
Constitution Of the United States was my own opin
ion and Is recorded upon the Journals of the SENATE
Oh whlch was then member. But far from think
Ing the net itself justying for secession from
the Unon regarded it ns one of the happest events
winch had occurred since the adoption of the const-
tuition. regretted that accidental illness in nv
family when Detained me on INV way TO WashipG.
ton To take my seat III the Senate, deprived me of
the power OF voting for the ratification OF the treaties
1y winch the ccsSiOn wls secured. / arrived nj
asmnSton on the fourth day OF the session Of Con-
gress ana on entering the city, passed by the Sec
rotary OF the Senate who going from the capitol
10 the Presidents house, with the advice and consent
o! that body TO the ratification
took my seat in the Senate the ncyt dav DilJs
were immediately brought into Congress- making
appropriations to the aont ofeen millions of dol.
lars for carrying the Convention into effect and for
ehaOIhS the president to take possession of the
ccded territory. Ihcsc measures were opposed bv
all the members of the Senate who had voted ,,sinst
the publications. ofthe Conventions They were warm
~ and cordially supported by ! had no doubt of
the constitutional power to make the trestes II !,
expressly delegated in the Constitution. Tie bower
OF making the stipulated payment for the ccssion and
OF taking possession Of the cedcd territory was
oil taking possession ofthe coded territoy was equally
unquestoned by me: they constructive mowers
but though. them fairly incidental and nccessa,iI,,
consequent upon the power to naku the trcaty-But
the power OF anneXng the inhabitants of Louisiana
10 the Cni'n' oil conerrIng upon them in n mass oil
the rlghtsand requiring of them all the duties of cit.
zcns OF the u States IL appeared to me ind not bocn
deioGatedto Congress by the people ofthe Union md
could rot have been delegated by them without the
consent OF the people of Louisiana themselves
Thought thcy required an amendment of the con- b
'.utlon ana vote OF the people OF Louisiana; and
""crcu 10 tc SENATE resolutions for carrying both
those measures int" effect, which wore rejected
IL las been recently ascertainnd by n letter from
Ar Jefferson to Mt. Dunbar written in July Ieo1
a'tcT nc ad received the treaties, and convened Cop
I" consider them, that, in his opinion the troa
ties could not be carried into effect without nm on,o,
mcnt to the Constitution: and that the pronosoI e.
such au amendment would be the first measure adon
ted ny thfm: Mt their meeting. Yet, Mr.. Jefferson,
IRE ident OF the United States did approve the nets
OF Congress, assuming the power which he had so re-
Gently thought not delegated TO them and ns the Ev
ccuivc o! the Union carried them into execution.
Thus, Mr.. jefferson, President of the u State the
federal members OF Congress, who opposed and voted
against the ratification ofthe treaties and myself nil
coicurred IN the opnion that the Louisiana cession
treaties trnnsccndcd the constitutional powers Of
The government Of tic u. States. But il was az
ter al question of constructive power. The power
OF making tile treaty expressly given without Ii
mItatlon The sweeping clause, by which all movers
necessary and proper for carving into clct ,boso
expressly delegate ed, Day be- understood Ms unlimited
~ - to be presumed, that WHOM Mr. Jefferson nDpro
yed and executed The acts Of Congress- assuming the
ot'm power nc had brought his mind TO acuuiesco
in this somewhat latitudiuaran construction onno.
fcd Il oe long and as r MY opposition could aynil
nclu,"sccd in it, after it had received the sanction