.-. - . - -. , : '. . ..- . , - ; . , - . y . ' - . m. m -tr , rv -r ia w . - u. m ia . -fcsr av , . . v mr mm.- km m w iai w m . a ax. - m - t r- '' ' , " ' : ' f Published Weekly by AiLitiva !UiLy tX THuen Dollars a Yah, . TUESDAY, NOVEMBEI. 29, 1803. 'i 1 1 1 CONGRESS. House of Ripresentrtivts. f Monday, Oct. 2 4. LOUISIANA TREATY. -- ,' Call for Papers. . Continued . from our last. Mr.Goddard did not intend to en- ,ici upuu .ig UibU.u.r u. ..v. -j ol cxam,n,tlK una being luily ac j solution but it seemed to hinr' that quainted with ts principles and pro ! the reasons of the RenUema'n from bable operation. It had been made y Virginia for opposing it were ve,T bUc only a fcw dayt What erroneous. On what ground was the, evidence cf p6pUlar affection for it . opposition made? Altogether on the Pan tl..ri V(.t i1HTC wn mfti festal ? tr round that Snaid had actually made thecession.to-France. Mr. G. ap , T . . ; ' 1 1 P" Uau preuenaea nosucn impresiion naa . . - . - t . - , oeen made on tne uouse nv tne intor- maiion before tncm. in tne hrst ar- -iti.ij. oi uic irctiy, .i.i-jr icanitcxwiiai " - ","; 4, Whereas, by the article the 3d .of the treaty concluded at St. Ildefon so, the 9th Vendemaire, an. 9, (1st October, 1800) between the First Consul of the French Republic and ' his Catholic majesty, it was agreed as follows , " His Catholic majesty promises and engages on his part to cede to the French Republic, six months after - the full and entire execution of the condition? and tipnlations herein re 'latiretohis royal highness the duke bfParm a, the colony or province ofi Louisiana, vith the same extent that it now has in the hands of Spam, and that it had when France posses sed it; Tine! such' "as " it '"should " bea ft ert:ie treaties subsequently entered into bc twren Spain and other slates. , - - il And whereas in pursuance of the treaty, aid particular4y of the third urtigle, the l rench republic has an incoatettible title to the domain, and to the possession of the said territory. .The First Consul of the French re--public desiring to give to the United Stages a strong proof f his friend ship, doth hereby ced'j to the said U nited states, in the name of, the ' Frc.ich Republic, forever and in full sovereignty, the Ha'ul territory with all its rii'iti .f.n l ?.ppurtenances, as full.' and in the same manner as they have been acquire .! ky the French republic i virtue of the abovemen- tioiicJ t;-ar.ty, concluded with hi Ca tholic majesty. Mr. Go'l-lirtl tiA.'A whether the conclusion followed that France hadl' n incontestib: title to Louisiana. There was no such evidence. If in virtue of this treaty we purchase promise on the part of his Catholic majesty to cede, tn-1 not an incomes- tible title, he would a?k if the pro-1 mise constituted a title. France on ly says we cede all our title. This,' and this only is the lnguage of the instrument. If this is the case, is it not proper to enquire whether, there are other acts by which Spain has ce ded Louisiana to France. . Such acts my exist. Certain stipulations were , made by France to Spain, on which lilt Cession depended. Do we rA wish to know whether these stipnla- " lion liava been fulfilled and whether thev archindin?. or whether Sna'm has waved them. Are there in tenco any documcati to th'n effect! ' twenty fourth instant, requesting me It has been hinted that such docu- to lay lie fore your house, a copy of menu exist in the newpspers bntjjthc instructions to the minister of are we in an affair oft!iUmaiiilildc lo the United States, ho negotiated the be referred to the dictum ol a news ' treaty with the King of ti.-t-ljitin. paper i He ipprenencicu inai inu.uogelher witnme corrcipoiKi"-.-'" was a novel mode of legislation. The gentleman from Virginia, sayi' thst the 4th article of the treaty, sti-i t-ptnatei forthe delivery or'the'Toan trr. 1 hat article ti to this iiuct : vemment of Franct a commissary to' IWis'una. to tiic end that he do eve- ryiclnccesssrv, as well to receive from the oflkersol hii Catholic maJ'whichmuU now irwm u.c jesty the said coui4ry,and its depen- of thst principle, din.ies, in the name or the French I tru.t that no part or mv conduct rcpablic, if it has not been ilrcady; has cttr mdicatcd a d:so.tion to done, is lo transmit In the name of, I withhold any information which the (innc, II it innmnii in me n-iuo oiiiwumt'"1 , , , , the Trench Pepublie to the commia- Vonstitution haft enjomd upon tie firv n- i"ni tsf ihe United Statu." Now what is the commissary to doij eoW rcquireu oi oira oy ' He is in the fit in.tance, to retUe!;llo of Congrets is . right f and , the province from .ptn. Cn he with truth limrm, thM It . hai ibecn transmit it to the UniWd stales w iiuwmv.wn. . ............ We require ui know, If Spain refuses to .i.i:-.- i ..:....m i Franre. can' I'Mnre transmit it o I We daslre 0f j so f.r as the trust dtlcgatcd to nu to know whether there is anv ptoi by the people of the United States, peclr.f a refusion the pari of Spain, and my sense of ihe obligstion it ln Suppose, we shall receive tl r colo-'posts, lo preserve,' protect ind defend HT fmm France under 'he dictation of ih constitution, will permit. ,.-r.ri ronsul to Spain, without! The nature ; of foreign negocla. etpet -nc:g any opposition from hrr. Mjv nttihe time armei on rToiw ion in the affairs -of EtfroPe when she will enquire by vhaY title we hold it. Is it not proper then for us to -obtain-papert b which our title may be fully undef stood. j - " , One siriular argument is Used by the gentlenian from Virginia. This treaty he ays, is hailed bv the acclamations pf the country. But Mr. G. would! ask if the public had any opportunity :nr:n .1 i i I win inc ucuiJic nan n wim acciarna.: tion when they shall learn that it gives RCtttgkn wi'itliiMi r r mllnl'a Tnt 1 via nfi. crtp.n m:Unn f niinr.' . Mnmiam. , t- - i H the importancc 0f subject, and as 'j . v i i we aje caucj upou t0 legislate upon '! it, is it not .proper hrst to obtain air the necessary information that is to he had? ,Thc resolution goes this far, and no farther, and if gen(leme claim our confidence, ought they nod; to furnish us with information ? Mr. Smilie remembered that a h subject of this nature had been bro't before the house, in the first session of the fourth Congress. lie thought it proper to recur to the proceedings on 'that occasion to learn the sentiments ! ;cntertained at thatday. At that day it j 'had been argued by certain gentlemen that the right of passing or not pass- j ing the necesary laws for carrying a i treat r-T into effect did not -belong 'to thai hous; ; l.ut that thrv were under ;an absolute obligation to pnsi them ' ! jthanriej rjul' no discretion on the j subject : 1 his was a doctvine which ' lit; did nt b-liVve true. He then be- licved that they possessed the right,! and r.till ent-rt;.incd the lame opin-i UMi. lo shew the sentiments enter tri'med in the case of the British trea- ' lo the journals of ty, ne woum recur lo tne joui n the house. On the 34th of March, 1 796, the following motion was made t " Resolved, Thtt the President of the United States he requested to lay ueiore tiie home a conv ot the in $tr fictions to the minister of the Uni-'ithe iwith the kingff Great-Brit. -.in, com- iniLttclesi by his message of the first , instant, together with the correspon dence and other documents relative' .to the said treaty excepting such of e siri p. as anv existing nego-, ciation may render improper to be j disclosed. This resolution wis carried in the affirmative by A viand Noes, and a 'mong the Noes, I observe said Mr. Smilie, the name of the mover of this 'resolution. m The resolution was car tried by a large majority and sent to the president. What was his opin ion? ."soutiai I approve it, oram go verned by it; though it ought, in my j opinion to be a rule on this occasion to those who eoincidert with him. On the "oth ol March the President of the United Stats communicated the following message to the House; ' Oentlemenof the House ofRcprc sentativcs Vi:h t:c utmost attention exis-l.luve considered your resolution of the Iioihtr documents rtHiive to mat trea ty. cxcrr'iiS trh of the said papers s any existing ncgociauou nwj dcr im;roter to be disclosed.- In de- was tnr tO l0e SlPllt Of the principle, which some have avow. J 'cd in iti disrussior, or io avoid cxtcn-, (ding my views tolhc consequences- I President, i duty to give, or which ihe honur preside in the totem ment my constant endeavour to moi.ic with Ihe other brvnthesll liar- llfIC" lions requires caution $ and their suc - ( rrts mmi nsn wjth. -v-rv t and even when brought to a conelurV!was explicitly rejected, ion, a full disclosure df all the mca-' M" As therefore it is perfectly clear tures, . demands,' or eventual conpei j aions which may have been proposed ;or contemplated would be extremely ; impolitic : for this mis;ht have a pci jnicious inAucncc on future negacia- tions, orproutcc immediate incon- yenienecs ; peHiaps danger and niis chiei' iii relatioft to other nowers. J The necessity of such caution and! aecrecr wis ora cent reas&n tor vesting the, power of making treaties' in the Preside At, with the C;-?ce and consent of the Ssote4': ; tbo irin'r5ples on which that body was formed' con rjning it to a small number of mem bers. To admit then. a right'tn '.the House of Representatives, to demand ifwl to have a mntt.p of rmirse. all the papers rtspecting a n gociation,! with a foreign powr, would he to es- laonan a aaiigerousprcceacni " It does not occur tlntthc inspec tion of the papers asked for, can be' relative to any pnvpsc under the ftig- mzance of the House of Uepresenta-1 tives, except that oriin imcachment; which the resolution has not expres-, d. J' repeat that I have no disposi-! ition to withhold any i .formation which the duty ol mv station will per- ;rnit,or" the public gond shall rerun c to i)e (;scl;)scd ; and in lact all the pa pers' alluding the neiriciatiou wilh Grent-Iiritain were laid before the jthat the treaty of St. Ildefcnso only Senate, when the treaty iiself M'as'lshould be ra'piestcd. It had been roninvinicated for their consideration ''conceded that il might he of some use and advice. V - . .in ascertaining the lim'ts of the ces. The course vh'u h the debate has sion. To the other member of, the taken, on the resc'luli'in'of the house- Iresohition lie was opposed.. He there leads iT some b!rsi:i vibr;s on " this fore 'moved u division of Hie ' i;uis mode of. making treaties under the t'uh. constitution of tlie Unitd State's. l Mr. CriswoM- remarked that it 41 Having been a member of the 'w.u!d be more orderly to move the general convention, and knowing the striking nut the last paragraph, principles on which the constitution Mr. Sand ford did not. rise It mv, !vas formed, A have tver entertained ut one opinion on this subject ; and I from the first cstaViiiluneni of the go- vennnentto tin irinientj my coih j'diict has evemplifccd that opinion,' that the power of making treaties is rxclusivcly eled in the President, by and with the advice and. consent of Senate, provided that two thirds of the Senators present concur ; and that me treaty, il this tact be urknowi very treaty so made and promulgated 'edged, what remains for us todo,, Lut thence forward becomes the law of the to pass the npressary laws for tairy land. It is thub that the treaty ma- ing into overition 'the cr-nveii'lon con. king powtr has been underHood by eluded on the ?0(h of April. Thoniih foreign nations, and in all the treaties tl.;vc might be no tfl'xhl information muue vsith them, e have declared and they have believed, that when h:- psseinn of tht country had been gi- ; First Consul rnd the United Stales, lifted by the President, with the ad- .ten to FranccJy" Sprir. What then !' hv Mhich the Fiist Consul has trans v'ce and consent of the senate, they ran be reccsorV on our pail to obtain ' ferred to us the domain and jurisdic became obligatory. Id this construe- posesion other tin -n the naff aire cf ' lion of Louisiana. In the tiihtv it is tionof the const tutioti, every House of Heprckcntativus has, heretofore ae- quiesred, and until the present time I not a doubt of suspicion lus appeal ed to my knowieiige, uaiiiiicou.lruc- lion was not the true one. Nay, they have more thm acquiesced; for till now, wilhout controvtrling the obligation ofsiwh ire uies,.ij)ey hnve made all the requisite provisions far carrying them ititoefi'ect. " 1 here is also reason to believe, thattins caiisuucuon agrees wnn the opinions tnlertaincd by the state con- I'veiitions when they were deliberating , 1, on the constitution, especially by inose wiiu oi jeeieu iu n, uetause ' there was not required, in commer. jciai treaties ijbrciinsci.t of ioQ.thirds ,ot the witoie miniw r oi me nicmucr or the Senate, instead of tw o thirds of ihe Senators present, and because in , treaties respecting territorial rnd fir- ; t.in other right! and claims, the ton. currtneeof three fourths of lh m hole ; number of the members cf both hou- - I . ' sei rtwiniiji-wm noimiac ne ccisary, is a fact declared by the gc- neril convention, and universally un- neetssary for os to pus u-n orty derstood, that the constitution of the laws, and that therxe il l.c nr ck. United States was the ro-ull cf a pi. tiruble to learn w hither vie h-e be rit of amity and mutual conccssliin. quired either new ti rr'nory or Lew And it is w vll known that under this subjects. Mr. F.lliott w as clearly cf influence the smaller state! were ad- opinion that as set we lad int. tho' milled to an equal representation in in a hort time il'lhr treaty were far. the irnatr, with the larger states, and ritd into e fleet, sic shll acqi.ir. il.rnt. thai this branch of the government .The diflWlil'ics stated hy li e penile was invested siih great pwtri, for rnati, the least inviuig'tlion will )tew on the equal participation ol those power, the svcreiKty and f&liticii safety, tf the smaller Malts wire deemed essentially to depend. . ' M II oilier proofs than Ibcse, acu the plain letter of the constitution it- self, be necessary lo ascertain the point under consideration, they may . r j .. i - .f il. oc loana ill inc journal vi m m'-r- vun jiiiioiiiwii.ini i.i, ral rofiration, which I have dtpoii. to (oth rati't.s of su li liheial airn fe ted in the office ef(the department of menu as might test ai d peitn-mnt. state. In those journals li will ap- ly promote the j arc, Mti.!r.ip aiu' peirthat apri;Kutn was made, that Interests if UIi i and tie popcrM no treaty shouldJ! Unding on the and lovtrelgt.ty rf I .tiiiktr.a. vl.Uh United hta,tn hrhwnot f-tifud had been rt-ted lo item, has, w Lyalw in4 IhM U rvpwsitl6B ctta'.a cote,iiapilc-ntr.iiiferHi! t to my understandina:, that the assent of. the House of Representativts js not necessary to the validity of a trea ty, as the treaty with GreatrBritain ex hibits in itselt all the objects requi ring 'legislative.-.'provision, and on these the papers called for can throw no light, and as it is essential to the due administration of the government that the boundaries fixed by the con btitution. between the different de. partments should be preserved; a j ml regard to the constitution and. to ihe duty ot t .fFir. under nil the ciiumstances of this case, forbid compliance with your request. 7 GEO. WASHINGTON.' United States, March 30th, 1796. - i Mr. Smilie concluded by saying he, perceived iio ncctssii v for the papers desired by gentlemen, 6c should iherep iore - Vote - .aguinst mt-4notKn, Air. uaiiuoipn saia-ii me gemifmon drom Connecticut would confine his motion to the treaty of St. Jlrtcfonso, he should be ready to 'acquiesce in it, though he did not believe that instru- ment would throw any new light on the subject Mr. Gregg said his wish was that the resolution should h divided,, and with his colleague, Mr. Lycri. that the resolution ollered by the gentlcnmn from ContieetTnit was indecent, but tojy, tlmt. in hisopinicn it was srj- together unnecessary. It pppcartd tube a fact well understood in the U- ruled States, that Louisiana did, be- fore the last Convention, belong lo France. The fart was recognised in to that effect, he was ferret in saving the nercssary lavs tc crrrv the titoly I' titoly in'o efl'tf t? Mr. F.lliott was rpiir.frd to cten' part cf the mil on the F.reriuhe l'r paocrs. He l.ud a variety c f objc- Imnstotkis request, with the meniipn of idl of hit h he shot Id not however trouble ihe houfe. grea oltjec un mus that therallwas prt mature, &. this appeared in his opinion, clem ly HpoVsred run ft out the i-htwingef the hnnoiireblc grntlctnan f.cm Connec- . ti. - .ut (.Mi.l.r.-,v.l(I) and his honour- f able rollcague (Mr, C.otldiird). To their cd t brilliant talents he was riirpo.'l pay the highest honiiigf. The j r-lkllcrscill tcfllk tint tl.lits lstrs.!. . rsi gtii'iemau was iioi oiiiy mgetiitis i and HHUIatiK'able, but likewise i tl iHij.litf.il i.nd piofoimd. He had oi;t:uiy tcen Iremienily U lighted : and mstrwieV, by his ir.ttlligetice. j The remark rlo of his (oUvaue Merc ingenious Sc svortl.y of titti r.tic iu ! But still he thought them pic niflore. 1 For what put pose was this rll mode ? t The vtiiilenn.n avshis ituniii.n ii ! il . . ' i! i mi'i m me su'""ci pt me rresintn i: infi.nninn i:i in I. is Mcssai.e that il is to he imaginary, tnitc as I ;m. aa.d Mr. l.lliott, amllniji.i nvii..ni In inflwnat'w. knowh 'ge, I ttliese tht f sicwa 1 shall exhibit wi'lhe as tU.r as lUt of H yniilittun. lie Messageof the Pre'nM, at the ope. ring nfitic session, announce that li e Meii1ighienel r,ovirnriiiefriameaw ..i. .ti. ... . ... .1 a I.., ...... the United States bv instruments bear ing date the ' 30th of April." The President then informs us that f when: these shall have received the consti tutional sanction of the Senate, they will without delay, be communicated to ihe Representatives also, for the exercise of their functions as to those renditions which are within the pow ers vested by the connitution in Con gress." The message goes further and ihuSVms is, not in the phraseolo gy of the gentleman from Connerti c ot, that we have acquired new sub- jects, but that if the treaty' bhall re ceive the constitutional sanction of thr firnat antl House of Reprcse.nta. t'vt(('4f e; 8naI1 K8'A a acquisition, ! not 01 SUuicctf but ol citizens wit I, the wisdom of ''Congress, says the President, it will rest to take those u. terror measures which may be ne cessary for the immediate occupation !c temporary government of thecoun try j for its incorporation into our itn- GniorTendermhe-change-of-gT vcrnmem a messing lo our litwiv a- " dopted brethren." Whether we acquire this ten itory and these citizens is consequential on ' the constitutional ratification of the : treaty. . . ... . .'... But it is said that our li'tje to Lcui- " sianais deducible from the 1 St" article -of the treaty, and that thut article only " contains & promise ; end it is trium phantly asked whether the. people of the United States will be satisfied -with paying fifteen millions for a mere " promise '(Mr. Elliott here quoted the y 1 st article of the treaty. I pekne wl- edge, said lie, that this Is only an' ' serlion by France of her incontestioje title, and an assurance that on certain terms she will convey this title to the United StMes. But, according totho ' treaty and Convention, - an agent'is to j t:c. sppointed by irpnee, who is to de . liver up lT,e possession before we pay ; the ffiewi millions. But say gentle ' jne.rr the ugh this mny be done, Spain i may not abandon her title to the pi o. I vincc. Ko suth ronsequence, Imwe- ver can result. The convention that I follows a treaty, contains a ttipnlaliofi ' that the slock created shall not be de livercd until after Louisiana shall Lo ' taken possession cf in ihe nme of tho j-.ovcrnmcnt of the United States.' ! So that taking the treaty and the con ! -entionlogc ther there con result nono 1 of the inconveniences apprehended. i A treaty has been mt'c'c between the the ti cat y it is ifipulattd that a i ifipulattd that a commiksarv (hall ho ! lent to receive the country ficm the I rmipl f at nl- A . . ... a, . possesion. If these two articles tft I! aimed intdefktt, and they naut Lc !: to make the tretty binding, we miikt i obtain not inly the - bcltihl but also 'jibe I gal possession. It is incum- ! bent, ihcrvfote, on us to do euiy ihir.g, nectkhiry tn our part, lo real i.ehc posiesion. Mr. Thatcher scid tho' the rcntlc m?.n h hohadiiikt it t ('own, had ac quitted himself handsomely he had tieithcrtoininccd him that the reso- lution o.f the gtntleni-tn m-m Con. is 1 t ft n 1 ll.Trvit 9AmmA a. Ueclicut was ill-toiinc'ed or lil.l.tces sry.- As they were in the capacity t lrgiative tody, called 'upon to prss laws for rcw territory end t.ew r itiitns, it wms acrordtng to his mi. Urur.t;n,rfrrftary in it. r.t ;n. stance, to Irani that they had acqni. red new lerritmy and new c'uizeiiS. The title to Louisiana, as derived to France from Spain, was ktntrd in tl.w e i .i . . it im anicir oi in iitbit. nerr .ir. I T. read the f.tst kiiii le. By this it I q -pears that another treaty had been -lotmcd between Irt-rce and bpain. It was admitted that ihe province l ad Inhmged to Hpain t and ttrhcr it must I still hclor g tmlcsi Trarxe tai t rr. 'foimed ceiiam st ipulationi e greed to j as the price of the cession. Theel I jectcf the mo r i lo 4tinthitr. ! ty, and to rarn whether France hat ' ritrforn.rd ihcae itipul-ticrs. j CcMhtnm eitjritit to tits reso lution, l avelskifi d!lierti)t gtM tir. Som oppOMMl is inctnviuent with the se i.ltmntsiittt prrs-iltd in the rase of ihe Brii'ish 1 re.tf Mr-era le. ciusc it is f ritnaime, and Ml-ei If. cause it lanoncfrssrry, lie ed nt expect t( first i-bjtflion fu m t,n . msmWr n that f oor t much leva C d he exprd it from ihe qnartrr in . la itorininatid. l ot ad f ata (of (). mirflon were (hatf.cd with incotula tcr.cy. lie stasnot a merrter of lha hoge al Ihe litre e.f Ihe FiiCsl trea ty but cn rtff rtipt; lo H r jottmal, It would Vc lcciUdlUt ihe tl-jftlrf "A 1 . . ' V tc ' ith i A (Yitl l nth it '. r d lain ft .IS j i h 'v la. ab ; 'DC 'n i