.-. - . - -. , : '. . ..- . , - ; . , - . 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