Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-02-14

of the constitutional power to make the .Iea-
ties. II is expressly delegated IN the eon''nu
ton. The power Of making snPu'a'eu pay
rn.n, for the cessiou, and Of taking possession
of the coded territory, was equally unques"o".
ID Inv me. ,hey we're constructive powers, Out
though, hem fairly incidental, and necessati-
" conseou.n, upon the power 10 make inc
,,ea,y. Bu, ,he power. Of annexing the inha>
bi,ants of Louisiana 10 he Union, OF conierrihS
unon Them. in mass, all the rights, and re,
curing Of them all the duties, OF cl'izens OF
the United States, it appeared TO me hsu hU'
been dr,egartd 10 Congress by the ?eoP,e
OF the Union, and could no, have oeen de'eba,
ed 5y them, without me consent OF inc PeoP's
! Of Louisiana Themselves. | thought 'hey re
ouired an amendment Of the constitution, ana
vote Of the people of Louisiana; and onereu
~ The senate re solutions for carrying 6o'h those
measures INFO eff c., which were rejected.
I, ha. be- en- recently ascertaintd, by !e"er
from Mr. Jeff-rson to Mr.. Dunbar, written In
Ju,v 1903 aft-r ht had received the treaties q
convened Congress 10 consider theW, 'na. u"
hi, opinion, the treaties could not De carrieo 'n
TO IF ct without an amt ndinent 10 the consul
tuition: and that the proposal Tor suCh d"
mendmen, would b. the first measure aaoP'ea
by them, at heir meeting Yet Mr' 'eherso"'
president Of the United States, did approve inc
acts If Conpr, S., assuming the power winch
he lad so recently thought not delegated 20
them, and, as ,hr executive OF the Onioh' CARTS
ed them into execution. :,
Tins Mr.. Jefferson, Presiden: OF the United
States the feder Il members Of Congress, VINO
onnosed and voted against the ratihcanon Of
The treaties, and myself, all concurred IN the o.
,n;on. ha, the Louisiana cession treaties u ans
, rpnded The constitu ional powers Of the govern
ment OF the United SAFES. But 1t was, aI.er
al question Of constructive power. he
: mover OF making the treaty was expressly CIV
On w;ihou1 lim,larinn The sweeping clause,
by which all powers, necessary and proper 'or
! carving in'o effect those expressly deieSa'ea'
n n,nu BIZ understood as unlimited IL Is 10 NC
h presumed, that when Mr.. Jefferson approved
and executed the acts OF Congress, assuming
r the doub full power, he had broush! ms m!"a
v TO acouissce in this somewha: ia'i'udiha'ia'
i con.,, NC ion. Iopposed il as long ana as 'a'
d as INV opposition could avail acquiesT E; ~
:, .f;.r II had received the sanction OF all the
!, organized authority OF the Union ana 'ne 'ae'
r acnuirscence Of the people Of the United oia'e'
r and Of Louisiana. Since which time, SO Tar al
:. this mr.. ced.nt goes, and no farmer, have con
- cid, red the QUESTION as irrevocably settled.
h But. in adyerting to the fundamental primer
~ ME of all our constitutions, that obedience u
Va noj du. 10 an INC institutional law, anc that ~
p. ,..cu,ion may be lawfully resisted, you mus
,dm;t tina, had the laws OF Congress ior an
=, n.,inr Louisiana to the UuIon been resisted
bv the authority Of one or more States OF 70
=, tIen existing confederaoy, as unconsihu"o"a
40 tina, resistance might have been rarrIed |" th
= ,.,en, of dissolving the Union, and OF forming
n , new conf-der.cy; and ihot if the consequen
y. ces IF The cession had been so oppressive u 20
: Tended ~ IRE 1euAdr teal t1s. 10 whose e5nduc
i, at thai time all these observ atoms refer; tn
he project which they did then form Of se,ern
" tn Union, and establishing Northern Con
- frderacy would in their application Of the alb
10. stract principle to the existing state Of thing
n have been jusli6able In their views, therefor.
as impuIe to them nothing which il could b
TO necessary for them 10 disasow; and, according
he ~, these principles were distinctly and expli
re crly avowed, eight years afterwards. by m
to excellent friend, Mr. Quincy, in his speech up
lie the Union. Whether he had any knowledg
o. Of the practical project Of so3 aud 4. kno,
H. not; but The argument Of his speech, in whc
Id he referred to my recorded opinions upon tn
10 cons irutioDal power, was an eloquent exposi
In ton Of The ustfyng auses Of that pro jecI, .
e. had heard them detailed al the time. Tn
l. PROJECT, ] repeat, had gone to the length O
E. fixing upon miIi'a AIRY leader for its execution
is and although the circumstances Of The time
I'd never admitted Of its execution, .-r even Of i,
d. full Development, had ye: no doubt, in 100
e. and 1909 and have no doubt at this time, :ha
We il is the key 30 all he great movements Of hes
al leaders Of the fderai party in New England
IS from that time forward, ,ill its final caias,ro
81, phe in the Hartford Convention.
n Gentlrn,en, ! observe among the signers Q
s, your letter, the nemes OF TWO members Of tina
IF, Convention, together with thai Of the son n
L. its President. You will no, understand me a
es affirming, that either Of you was privy to thi
j. plan OF military execution, 10 1904. Thai ma
- be known ID yourselves and no, 10 me. let
,r ter Of your hst Signer, recently published, ha
ID disclosed the fac; that he, although the pu,a
e, tive, was not the real father oil the Hartford
D.. Convention. As he, who has hitherto enjoye,
~ unrivalled honors, is now disposed 10 be
stow upon Others the shame Of its paternity
is map not The os'ensble and real character u
~ other incidents attending it, be alike diversified
" SO that the main and ultimate object Of lha