The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-08-21
By Hon william Dudley Foulkc, Of Indiana.

THE PROVINCE OF Louisiana which originally
belonged TO France had been conveyed to
Spain in 1902. In the year 1900, while
Napoleon was First Consul, Spain ceded
this territory back again to France by the
treaty Of San Ildefonso. This treaty was secret,
and in 1903 France had not yet taken possession
Of the country.
The Spanish governor had taken from Amer.
can citizens the right to place Of deposit for
their goods near the mouth Of the Mississippi,
and President jefferson saw the necessity Of ac.
quiring 50 mu,l territory on the east bank Of
the river would secure for the United states
its free navigation. jefferson had been a strict
constructionist, and did not believe that the
constitution authorized the United States TO
quire any additional territory. But the need
of an outlet to the gulf was imperative. So he
informed the senate in a special message, that
he was taking measures for the purchase OF the
necessary land through Robert Livingston, our
minister at the court Of France, and he nomi.
mated James Monroe, our envoy extraordinary,
to cooperate in the negotiations. The senate
confirmed the nomination, gave Monroe and Liv.
ingstne power to frame any treaty that extended
and secured the rights of the United states on
the Mississippi and set apart s2,OOO,OOo to be
used for the purchase Of the Island Of New Or.
leans and some adjacent territory.
TERMS OF THE SALE.
Napoleon, who expected war with England, and
believed that he could not retain Louisiana il
such war should break out, was eager to sell,
but he desired to sell the whole province, and
not New Orleans alone. So the price Of Sl5,OoO,
600 was agreed to, and treaty signed ced
ing the whole province for that sum, stpuating
that the inhabitants should afterward he incor
porated into the Union, and that for twelve
years the ships of France and Spain might enter
Louisiana, paying no more duty or tonnage than
was exacted from citizens OF the United States
Louisiana had been ceded back TO France by
Spain upon condition that France should never
ALLEVIATE the province but now France was about
to sell it to the United States before she had
even taken possession. In the words OF Henry
Adams QIistory of the United States Vol. II,
p. 56):
''Thc sale Of Louisiana to the United States
was trebly invalid. II it were French property,
Bonaparte could not constitutonally ALLEVIATE it
without the consent Of the chambers. II it
were Spanish property, he could not ALLEVIATE 1t
at all. If Spain had a right Of reclamation, his
sale was worthless. in spite of all these OBJ.
jections, the alienation took place"
JEFFERSON ACCEPTED THE TREATY.
jefferson was greatly puzzled when the treaty
reached his hand. He had proposed to buy n
small tract for two millions, and he was offered
a magnificent domain for fifteen millions More
sttutional act. But his common sense got the
better of his strict construction principles and he
decided to accept the treaty, summon congress
to approve the purchase, and ii then necessary
amend the constitution.
In other words 'the greedy commerciaism'
which dictated the Philippine Bill of the Re.
publican administration, and which is denounced
in the Democratic platform, was also with
Thomas jefferson a sufficient reason for ratifying
nd IL disregard.
ing the constitution, at least for changing his
views with respect to the meaning Of that In.
srument
Congress met, and the Democrats in that body
the strict constructionists who had supported the
Kentucky and Virginia resolutions Of 1903, saw
their views of the constitution undergoing a sud
den revolution. jefferson had written to Breck
| inrdge that an appeal to the nation for change;
| in the constitution would be necessary. But
when he heard from France that there was dan
| ger that Napoleon might change his mind, h'
wrote again to Brecllnridge adams, Vol. II, p
| 2St0: "a letter received yesterday says that
| nothing must be said on that subject which
| may give a prctext for retracting, but that WI
| shall do sub slentio what may be necessary
Be so good, therefore, as to consider that par
| OF my letter confidential" jefferson then sug
| gested certain constitutional amendments, au
thorizng the purchase, but his own cabinet a
| well as his party friends received his PROPOSE
tions with disapproval.
| jefferson wrote that he thought it importan
| to set an example against broad construction b.
appealing for new power to the people "lf
| however, our friends shall think differently, Ger
| tainly I shall acquiesce with satisfaction, con
Rdng that the good sense of our country vii
| correct the evil Of construction when 1t shal
produce i'll effects" And when jefferson trans
mitted the treaty to congress no amendment wa
recommended.
QUESTION OF DUTIES AND INCORPORATION
| OF INHABITANTS OF LOUISIANA.
When the question of providing measures fo
| carving out this treaty came before congress
there was no dispute as to the right to acquir
this territory. The only question was whethe
congress had the right to promise in the treat
that the inhabitants Of Louisiana should he in
corporated into the Union, and had the righ
| to provide a different schedule Of duties TO
Louisiana from that which was provided for tn
other states, the same question that has arlsel
lately in the case of Porto Rico Some OF tn
| FedcralSts now denied these powers, Will
Icacrsons Democratic friends rallied to thei
support James Nicholson, of Maryland, was tn
principal spokesman Of the Democracy.
| In answer to the objection that the constitl
tion said no preference should he given to tn
| ports Of one state over another, Nicholson re
piled: at is territory purchased by the Unit
ed States in their confederate capacity and ma
be disposed Of by them at pleasure. II is in tn
nature OF a colony whose commerce may be regu
lated without any reference to the constitution
The Northern Democrats also supported thes
views John Randolph who closed the debate
said that as far as the constitution was con
cencd, the United States could legally incorpoT
ate Great Britain or France into the Union.
POWERS CONCEDED TO CONGRESS-.
hat ho wa
sufficient for the incorporation OF foreign ns
tion il congress would do it, and the peopi
wound consent to IT. .
Senator Cooke, Of Tennessee, closed the debate
81 assert" said hc, that the treatymakin
| powers Of this country are competent TO IN
iull and free exercise OF their best Judgment /
making treaties without limitation oi power
| on this issue the vote was taken and b
| twenty.siX TO Ave the senate passed the bill tc
carrying into effect the Louisiana purchase.
The argument on both sides conceded the powt
of congress to acquire foreign territory and
rule over the people therein without limit Sci
ator John Quincy Adams moved for comm
| tee to consider whether an amendment OF IL
| constitution should not be made, but could n,
| even Obtain a second to il and nothing moi
was over heard of amending the constitution
New Orleans, laid out eighty-three years hctor
was the capital of the province IL vas
| walled city about one mile in length, with fa'
bourgs ON the SOUTH Its population was ov,
1000 composed Of many nationaities, Frencl
Spanish negroes, English, irsh-AmeIlcans, hsl r
hundred ships and river craft could often
seen upon its leyee. In 1909 rs exports we
worth - 100000 its imports So, 500 600, its shil
registered 5000 tons. The architectural beauti
Of the dwellings were celebrated There was
excellent theater open three nights in the wee
and no city could boast finer public buildir
= | TINA the Cahildo, OF show finer church tha
; | the st. Louis cathedral. There was very COZ
plicated machinery Of Spanish administration, /
| Cluding five courts OF Justice, Inc annual e
penses Of the government were about SC50,OoO
| WITHOUT THE CONSENT OF THE GOVERNED
? Nobody had asked the consent of the citze
of New Orleans Of the remainder OF the pr