Washington telegraph., 1864-05-18


questions arising ucdcr previous treaties
between Spain and the United States; aud
further, "the First Consul, desirous 20
give to the United States strong proof of
bis friendship" DC.
The I'd article declares, "included in
the cession made by the frst, all public
lois and squares, Udcdnf lands and public
buildings, fortifications, barracks and other
articles not private property"
DC the same day two Conventions were
entered into, one awarding twelve millions
Of dollars to the French Government, and
the other, four millions of dollars to be
paid to American citizens for claims
against France for spoliations, DC.
On this point Bonaparte said 70 Mar
bois, no price for the transfer can be
named, its value is beyond all apprecia-
tion-stipulate, however, such q sum as
they can well pay, as some sort of indem-
nifty to France for her immense advances
10 establishing the Colony.
What has been the action Of the United
States Government under the Treaty? The
opponents of Mr.. Jetfersos's ADMINISTERS
tion contended, aud with justice, that in-
a.much as the Sd article of tho Treaty
(above set forth at lengthy requires abso-
lutely the people Of the ceded Territory to
be admitted as equal States "as coon a
possible on the principles of the Federal
Constitution it was bsyond the constitu-
tional powers Of the President or OF Con-
gress to make such contract FIR the other
States. The Constitution gave no power
to the government to receive foreign
States. That the Territory of Louisiana
Was ceded as State or States, the u. s
Government was made mere trustee, and
bound in good faith to admit them as
soon as possible. This was sound State
Rights doctrine. The argument was un-
an-werabl-. Mr.. Jefferson himself ad-
United its full force, and doubted the con-
stitutiopality Of the Treaty, but pressed
irs ratification by the Senate and recogni-
tiol by Congress as political necessity,
and finally to trust to the people to ratify
their acts, a, q judicious though incspaci-
tated guardian would secure for Lis minor
pr' fitable investment. aD6 rely upon his
majority for ratification. His policy and
parry prevailed. but the argument has al
way. been the other way. and was repro
duccd in 1871, On the discussion Of The
| 'Bil 10 euatle the people Of the Territory
of Orleans tn form Constitution aud
| State Government, aud for the sdmissi U
If such State into the Union en- an equal
footIug with the original States"
| lie Bill, however, passed, and the
| Constitution Of Luu~iana was organized
under it, 1911 snl 10
! So violent was 81 e debate. that Josiah
Quincy, then the foremost man ir New
England, declared in the House of Repre-
seutatlvc- '.that il the Bill was passed the
| CONSTITUTION was violated and the States
sb.olved from ell allegiance to obey it, and
a. II was the right of oil the States So il
was the duty Of some to take immediate
steps for its 4 solution, peaceably if they
could, fJrcibly if they must" He was
calle TO order by member from the Ter
ritory OF Mississippi. (Mr. Poindexter.)
Tie Chair deci led the latter part Of bi.
| declaration 10 be out Of order, and on ap-
peal from his decision, the Chair was over
ruled, So 10 so.
| This incident was cited to show what
always has been the public, and even leg
isIative opinion in the United Sraies on
this point Of The Treaty., as over leaping
the Constitution, 10 wit: its rec gnizing
the Territory as States. If further proof
were waiting too, that the United States
| received the grant merely as trustee, il is
10 be found 10 the Sd section Of the above
Act, which declares "that the Convention
(to form the State Constitution) shall pre-
de by Ordnance, irrevocable without the
consent If the U. States, that the people
inhabitipg the said Territory do agr,e and
declare thut they forever dsclsim all right
or title to the waste and unaprroprist-d
lands lying witt in s,id Territory, and
ths, the same shall be aud remain at the
sole aGd entire disposition If tie U. S.
further, thst 40 tax Of any kind should be
laid on them, nor for five years after their
sale by the u. 5 nor should they tax the
| lands Of citizens uf The U. s. non-residents
of Louisiana, higher than resident citi-
zens-"and that the River Mississippi aud
tile navigabl- rivers aud waters leading
into The same or into the Gulf Of MexicI,
shall be- common highways and fer yer
| free, as well 10 the Inhabitants Of said
State as to other citizens of the U. States,
without auy tax. duty, impost or toll there
for, imposed By the said State
The above renunciations and restrictions
have been required by the Congress of the
| United States as a condition precedent TO
the admission Of every State included
within the Territory ceded under The
Treaty.
How far these conditions and exactions
were frauds upon the Treaty, is not new
the q question; bu, they serve TO show that
the II. States Government understood, not
only that the political Dominion Of the
Unucd States, but it, proprietary ID ,m:nou
also, termipated ipso Jocfo. by the sdmls-
sion Of the State. The dominion OF the
United States Government was, ab 'nifio,
oy the Sd article Of the Treaty, ouly
tust and Temporary.
| Ii must be now clear to sDy unrrsJu-
diced miud, that the cession was made
substantially for the benefit Of the inhsbi
:unts Of Louisiana - the cedei Territory
then extending from the Balize 10 The
Rccky Mountains, and indefinitely 10 the
| Pacific, aud westward to what IS now
large portion of Texas--not 10 have. all at