Lancaster gazette. [volume] (Lancaster, Mass.) 1828-1830, 1829-02-24

oppressive to the interests and destructive
g the influence of the northern section
81 the coniederacy, whose right and duty
Y therefore was to secede from the new
body politick, and to constitute one Of
their own. This plan was SO far matur.
ed, that the proposal had been made to an
individual to permit himself, at the proper
time, TO be placed at the head of the mill
tary movements, which, it was foreseen
would be necessary for carrying it into ex-
lecution. In all this there was no overt
ACT OF treason. In the abstract theory of
lonr government the obedience of the citi-
gen is not due to an unconstitutional law.
he may lawfully resist its execution. If
Ia single individual undertakes this resis-
lance, our constitutions, both of the United
ssstates and of each separate State, have
llr5ssded = judiciary power, judges and ju-
rles, to decide between the individual and
the legislative act, which he has resisted
las unconstitutional. But let us suppose
the case that legislative acts of one or
more States of this Union, are past, con-
flcting with acts of Congress, and com
lmandlng the resistance of their citizens
against them, and what else can be the
result but war-cvil war and is not that,
lie, ;fdcto, dissolution of the Union, so
ar as the resisting States are concerned !?
and what would be the condition of every
citizen in the resisting States Bonnd by
tpe double duty of allegiance to the Union
and to the State, he would be crushed be-
tween the upper and the neither millstones
with the performance Of every civick duty
converted into crime, and guilty of trea-
son by every act of obedience to the
law.
That the power of annexing Louisiana
tothls Union iad not been delegated to
Congress, by the constitution of the Uni
te' States, was my own opinion and it
is accorded upon the journals of the SEN
ate, of which was then member. But
fartrom thinking the act itselfa iustlfying
caIse for secession from the Union, |
REGARDED it as one Of the happiest events
witch had occurred since the adoption of
the constitution. / regretted that an ac-
ciental illness in my family, which de-
taned ME on my way to Washington to
take my seat in the Senate, deprived me
OF the power of voting for the ratification
of he treaties, by which the session was
secured. | arrived at Washington on the
fourth day of the session Of Congress, and
on entering the city passed by the secre-
ltary Of the Senate, who was going from
the capitol to the presidents house, with
the advice and consent of that body to the
ratification.
took my seat in the Senate the next
day. Bills were Immediately brought into
Congress making appropriations TO the
amount of fifteen millions of dollars for
carrying the convention into effect, and
for enabling the president to take posses
sion of the coded territory. These mea-
sures were opposed by all the members Of
the senate, who had voted against the rat
ifications of the convention. They were
warmly and cordially supported by me.
had no doubt of the constitutional pow.
er to make the treaties. 1t is expressly
delegated in the constitution. The pow.
er of making the stipulated payment fol
the session, and of taking possession o.
the coded territory, was equally unques.
toned by me they were constructive
powers, but | Thought them fairy inciden.
tai. and necessarily consequent upon the
power to make the treaty. But the pow.
er of annexing the inhabitants of Louisiana
to the Union, of comforting upon them, in
a mass, all the rights, and requiring o
them all the duties, of citizens Of the Uni
ted States, it appeared to me had not been
delegated to Congress by the people of The
Union, and could not have been delegated
! by them, without the consent of the PEG
| pie of Louisiana themselves. though
they required an amendment to the con
stitution, and vote of the people of Lou
isiana; and | offered to the Senate reso
lutions for carrying both those measures
into effect, which were rejected.
1t has been recently ascertained, by !;
letter from Mr.. Jefferson, to Mr.. Dunbar
written in July 1903, after he had receiv
ed The treaties and convened Congress tt
consider them, that in his opinion, the
treaties could not be carried into effec
without an amendment to the constitu
ton; and that the proposal for such ar
amendment would be the first measure
adopted by them, at their meeting. Ye
Mr.. Jefferson, President of the United
States, did approve the acts of Congress
assuming the power which he had so re-
Gently thought not delegated to them
and, as the Executive of the Union, carri
ed them into exec ation.
Thus Mr.. Jefferson, the President o
the United States, the federal members o
Congress, who opposed and voted agains
the ratification of the treaties, and my.
self, all concurred in the opinion, that the
Louisiana session treaties transcribed the
constitutional powers of the government
of the United States. But it was, after
all, a question of constructive power
|