Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1855-11-22


, head Of Treaties --p. l27
. We next call your attention to Z
, clause of the 9th article Of the Con
J stitution Of the United States: ''Thi
: icons titution, and the laws of the Uni
f ted States which shall be made, IL
pursuance thereof, and all treatse
made, orwhieh shall be made, unde
the authority Of the United States
shall be thesupreme laW Of. the land, !,
Thus we find that, perhaps, two
thirds Of the whole territory Of the
United States was acquired by treat
les from Catholic governments, and, ,at
the time, inhabited by Catholic sub
ljects; that, before these governments
would ratify these treaties, they re.
quired the insertion of express
, stipulations: 1st, That the inhab.
itants should be protected in the
unrestricted enjoyment Of their re:
Iligion iu the territories; I'd, That
they should be admitted into the
Union Of the United States, Sd, and
when admitted; they were to have
jail the rights, privileges, and immu-
mites Of the citizeEs Of the United
Estates. In other words, the treaties
protect them in the territories, and
protect them in the States; and we
find that the several treaties provi-
lding for such protection are made
a part of the supreme law of the land
by our Constitution. Our govern
ment, BY ratifying and accepting the
benefits Of the treaties, pledged its
faith aud power for the just perform
lance of their stipulations; in like
manner, the faith and power of the
other contraetingparties were pledged
to enforce the performance OF
their stipulstioas. Thus We find
4 that the inhabitants Of the ceded
territories are under the protection
Iof all the contracting parties of the
treaties. 1t will not do to say that,
as soon as the foreign nations ceded
! the territories, all their rights and
obligations were at an end. The
transfer of the inhabitants with the
ceded territories was not, as the sale
Of 'chattels, without warranty; but it
WAS as a conveyance, by formal linden.
fture, With covenants Of warranty for
the protection Of religious aghtss and
for the breach of which the offending
party would be liable to answer in the
high court of nations.
Another fact: treaties without linn
itations, as these are; never die
They can only be annulled by the
contracting parties, or become inope-
ratiye by voluntary waiver Of rights
by the benefciariea under them
An obligation to protect the religion
|of a people, is to protect the Church
Of the people. The Church is an &C.
ecclesiastical corporation, and never
dies, aud general obligation for its
protection would extend to all its
property, officers, and members in
succession. Then ii follows. that the
Catholics, and their descendants, Of
the ceded territories, are just as much
under the protection of those treat
les to day, as they were the day they
we're ratified. Then--to draw the
rays of our argument to q focus it
follows that whenever know-nothing-
ism invades these ceded territories, to
prescribe Catholics from Office, it
violates both the Constitution of the
] United States and the treaties OF
i cession; which is violation of-law-
therefore uyisst--the proposition
:. which was to be demonstrated
tEThere is no way of shaking OFT the
conclusion. But we are told that the
] know -nothings do not propose the
4 enactment ola law to exclude them
] from office. so much the worse
They attempt to compass the same
end without law, and contrary to law.
! This is only adding insult to injury.
i But they do not wish to deprive
4 them Of voting. Stilla greater in.
suit. Give a religious complexion
Ito politics, prescribe themfrom Office
and then tell them they can'eete-
I for persons not to represent, but te
. fmisrepresent, their views! We in
} terpret treaties according to theil
> spirit. An ancient General prom
, ised the soldiers Of a garrison tha'
r il they would lay down their arm
4 and surrender, their blood should no
Q be shed. They surrendered, and h
liburied them alive! History impale
]. such monster as San impcster VII
J. aggravated his crime by the addition