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5 w. w t . V -- - - i -i " r'v . , . .i , .-. .. t t.-. ,-,.-. ... .-". ... j; m j' ' . . i..-." n't. ' ' "' ' "' ' ' "' ' - 1 - " 1 : L.i i : -...Vir.. fc A ';4 ;' r , bEBTii the iiflmisIon 6f v the Tcrritot7 ofi Orleans in1 . - loibc Onion as a Stater '. " ,Vt ;' Concluded.) X have that sfttw ami whcthcr-fairly, J am wilting w u jifctged bf the sound discVetidnof Americans popl, Hhaythe powee propoW ip be usurped ia. iW Wiji,' results neuiier fcom fri grherjl ntir,ci nothr ; particular proviHrod, M9 (vthh& lvd that it i pfpa . ji'sii the crtvsejueiicicfi I aveinumaWd.W gpt of the Unitttl Btate;fT cftnjvit. , Bir As cjiiznw of QeleSnSj or of 3U6wsiatis. thef nevep fc Vcn," ?:id by h mode proposed (hey never irilltie,' ciftcfcvof ethc UiS.' They ihay be girt (ipon no real cement dm cms from Suck-an astociatian. What the real alualW 6f the Inhabitanis 'of those foreign couud tritsis.' I shall h&ve occasion t show presently. But,'ay the sime gentlemanV " UJ have a farm Jiave I not '. right to purcliase another farm I have also hea'rB toepserf t,liat body,' vhen h 'Louisiana treaty ce,'I would call the.aUemion of'thii House" andl great -distance 6f timetnore. that tin: 'mouth- of the Dhlo. will be itt to the wat.liaier Ihe consideration ' of the Senate., al- east.of the centre" of tKe cbnternplaW emwUft, If thjj?JilLtV was in favor of iher treatyi yet expres- the bll is passed, the principle j$ reoognizert. Ail sea twuots onane gronna oi consuiauonau tl.e rest are mexe questions of expediency. U is iol ty, ifr relation to our control over theidestinies of tr.ai iaeT anu tne manner ana ins prmcipic on nthcfrjhey could be admitted into th'jp Union--. And irbes appear that he made two several tiio possible such a power could be granted. Itwas not for the?e men that; owr fathers fought. Jt waJ nrit fnr' thm thU constitution wis adoDted Youi . .-.r , , , , - . i -. . i . , . . . . . . .-. luve no authority to throw thq rjghts and libcrtueaJtion il pat bodfimiVing lor their, objecti s hptch-pot T -withf tvowitCt ml at gathered f rom their nature, an w and property of this people, imo the wild men oh the Missouri,- nor with the ratoct, Ihrough more respectable race of Anglo Hispano Gallv''Americans, whovtwsk on the sands, at" the mouth of, the Mississippi. v I mak n objections w?'lHe from tHcir want jnW'aTquaUt bO virl inhabitant t Orietuisf aoJilfU'ilSii' iJr.&p iCothfmeaif aWkiLttW 4st aometnxiQt . sqms oi vuicrcui. t- t lAi. tb3i the pwer in this bill proposed tabe . sorpert if neuner o ae uiwn jrora me general n-uore pf the in stru orients nor from the clause jwst examined, it follows, that if H exist any whert.it must result from the treaty making power. , TThi the gentleman- fromj;renhessee.;(Mii'Rneajf as sertsbut the gentleman, from North Carolina Mr, Macon . denies and very justly : For .what a monstrous position is this, that the.treaty making pywtf has the competency to change the funda mem'al relations of the constitution itself ! ...That a amy heitMiborhood, and settle my sont upon jt power untter the constiiution should have! the abdi dd' In .time admit them to a share, in theman-hy to charge and annihilate the instrument, frcm igemcnt of my household i" Doubtless, sir. Uht j which U derives all its power and if the treaty irtthescases parallel ? Are the three branches.-! making power can introduce new partners to 'the political rights of the states, there is no length, however extravagsnt, or inconsistent with the end, to which it may not. be wrested. The pre sent President of the United .States, when a mem ber of the Virginia convention for adopftng .the constitution, expressly declares that the treaty making power has lirrjtations, and he states this as one, " thit it cannot alienate any esient-ai right" Now is not here an essential right to be alienated ? teratm a the .constitution to enable us to comply ic stipulations ot that convention, -v tfMrdd-mh tor jrords in relatlpoTto tbe wj anil political cOnsedaences of Usurping this vircaaA ais- exireta soorce ot terror ts not Ue declaration l Jiave maqei hut he deed you4coposi;. ' Ia there a moi alpnh ciple of public law. bolter settled, or more con formable td the plainest suggestion of-Teason, than that the,, violation of a toiitract by one of me parue majrwconsioerea as exempiuig. me other rrom Us r obJigations ? Suppose, in private life, thirteen form a partnership, and len of them undertake to. admit a, new partner whuout the concurrence of the other three, would it not beat their option to abaudon the partnership after so patpfa'jle an infringement of their rights t Hoto much more", in, the political' partnership, where the admission of new associates, without previous authority, is so pregnant with obvious dangers and evils I Again it is settled as a principle of moral ity," among writers on public law, that no person scrt, that it was the intention of the people, when m$y aclopled thivconsutuuon to assign, eveutu a!ly,,to New Orleans aruT Louisiana, a portion ol thsir ; political power and to" invest all the people of thoe extensive regions might hereafter contain. with' an authority ovdr thcmseivts aiJ their cie i this- gavernnient owners i of that farm, called the Urited SuUes Til desire to thank Heaven, the are notihold my life, liberty and proper lj, atid the people Ot the state, trom which 1 ha ve the honor to be a representative; hold tljeirs, by i better tenure than any this national government ca give. : Sir 1 know your virtue- And I thank fiatgjter of every good gift, that neither the pnilenwi ,from Tennessee nor his comrades, Dof any, nor alt the members ot this House, nor of the other branch of the Legislature; nor the pod gentleman, who lives in the palace yonder. Mr all combined, can touch these my 'essential light? and those of my friends, and constituents except in a limited and prescrioed form. No, iri We hold these by the laws, customs, and principles of the commonwealth of Massachusetts. Behind her ample shield, we find refuge, an;! sa&l,y. 1 beg gentlemen not to act upon the principle, that the commonwealth of Massachu Mb is their farm, v :y ":V . i ', But, tbe ,niu.-ftdd'vt( .wW'. .siit we do, ffei)not admit the pVpfe ..btLouiii'na nv?i our viaSpih'Jttuy r settHng that tountry,' St, it is do concern of mine what he does. Be owe his children have run wild and uncovered .to the woods, is tint a reason for him to break iato my house, or the houses of my friends, to ilibour children's dothes, in ordr to cover his ttilireu's. nakedness ? . This constitutinn never aj, and never can' be strained to lip over all the ti'erness of the west, without essentially aflect , Vig botU the rights and convenience of its-real! p:oprietor. Jt as never eonstiucted to form-asiorrid have a nght of reprettttation on the floor, conten'. It is the part of a wise man to foresee nation. , If it be abo,ut jt intrJuce a conditioivof v things, .'absolutely iiMuyportalciT it, beconles wisj Vv and holiest; men to anticipate' the eviUind -to ? ' Varn and prepare the pepple against the eVerif. t ? nave no hesitation .n tne subject.1 -The, extxh- - ' sioadf-'this principltother stated cofltemplated. - beyond -the-Mississippi, cannot, wiHhot, and , ought not be.tyrn.eVASd the'.aoon-ii- tha people contemplate (the t.navpdabfe-51,jesult, t.he "better ; the more hfeclyf -thiKtonirulsions tfvay' be prevtnuX ; tdi the more iiope' that the vhi toay be -paliawdf i ef reraoedi a".'" :' -A'-'-i?- Mr ,SpeakeivWlwl ifb; liberty ofyhfeti so ' ": : iMkUtl cTji.Eitjf Mi&---$iiicit thtr-earth. ta: ittrpft bmbon bUss and bHdstjCthai ftujM S&k pii.r ! ilrer.0T-jTieJPSiir a' purer, 'and; ' . mbrer(beriat'tVmikratur mind Vmrn in i- temoerature. JH mind irrasn in lt$v view theSast arid'ihe'iuttire.'Aa" well tuiCrSl 1' present; We UveiKjtfop ourselves itioA?: ; TfcW'1 t 1 which 'we jcslt Jlercy&iiu ' pnncple on 'which'' i the essential security of bur political condition de-" 'j pends. - It results from the jiitnitations of our poli- l tical system, ; prescribed in th constitution. -Xhes ' V ; limitations., so long as they -are faithfully observed J VS maintain order, peace and safety. When-' thtif v r . ' are violated,rin essential parti;"ubrs, all the 4on - - V current spheres of authority ush against, each 0'-,' ther ; and disorder, derangement and convulsiph,x' "' are, sooner or later, the.necessary consequences. t V With respect to this love of bur union. conctrnVV ing which, so much sensibiKtris' expressed; I "V? cau be obliged beyond his intent at the time of have ho fear about analysing its nature.Jv There", the Contract. Now- who believes, who dare as. 1 is in it nothing of mstery. ? It depends upon Jhe.-- ,' 4uuiic3 ui mm uniyu, aiKi u resuus irom itseacci Wfering for the inhabitants of the Missouri 8c the td Ijiiver country. And whenever it is attempt stretched oyer them, it will lend asunuer. ti'iupbivthis fundemental principlci that the portion of political power, subject only tothe .uuuttiba.iuii-, uciiuii.cu oy ine ctnis'.nuu The riktht to that proportion of political notver j scendants I Whe-i you throw the weight of Louisi- which the constitution ha secured to every state , ana into the scale, you destroy the political equi ' modified only by such internal increase ot states, ipoise, contemplated at uie tune 01 forming me as the existing limits of the. territories at the? contract. Can any man venture to aflnrra that the time of the adoption of the constitution permitted.! people Jiu intend such a comprehension as you The debates of that period chirfly turnsd upon the by construction, give it .'Or can it be con competency of this power to bargain away any ofjCealed, that beyond its fair and acknowledged ii the old states! It was acreed nt that time-that bv ;tent, such a -compact has no moral force ? If this power old states within the ancient limits jgentkmeji are so' aiarnied at the bare mention on could not be sold from us. AnM maintain, that;the consequences, let thenvabandon a measure by it new states without the ancient limits cannot ! which sooner or later, will produce them, ffow Se saddled upon us. It was agreed, at U.at time long before th scexls of discontent. wiU ripen, no that the ireatT makincr power could noteut off a man can iureteilC Uut, it is tne part 01 wisuom ix&JS&Al maintain thatnei titer has it the com. not.o cmlijply or scaUtr them Do you suppose netrtfbr to UsW Imtrm vm ou'shmiTdera. lhe hSitt Hi Staua fair proportions devised hy the constitution are in '- or ought to look on with patience, and see both cases marred, and the fate and felicity of the 'representatives and senators, frorn the' Reef river political .being in material particulars, relaTed to "fand--fisouit'poUnK''":ihen,)selves'' tipoir this the essence of his eon'stitution, affected. It was . HoQE, matiaging the- concerns cf a sta board fifteen never pretended by the most emhusiastic ad vo-1 hundred miles at least from their residence; and caUs for the. extent of the treaty rmking power, having a . preponderance in councils, into which. that it exceeded that of the kihgof Great liritain.j constitutionally, they cwild never have -been aa Yet 1 ask, suppose that monarch should make a milted I I. have no hesitation upon this point. treaty stipulating that Hanover, nr ' IIind'.vt.-.n-. bey neither will see it, nor ought to see it, with of parliament would ,-siich a treaty be binding ? '.danger And to hide himself. This great usurpation, No, sir ..iiotr-as 1 belk-ve, if a liouce of Conv! which creeps into this House, unat-r the. plausible mobs and Lurd coidd he found f venal ehoogh to ( appeayaiiCC of giving content to that important agree to Fu jlu.t although intb C-country 4 haahrepujHjwjlM starts up a gigantic power branches of its legislature are called unirnpotenll to control the nation. Upon the..&caTcondition and tbe people might not deem 'themselves iusli Red in resistance, vet htare there" is no a!U;loa v f Wh 'j -'- - ' Menl,a, -ntangiwe right, !his kind, the limits ct our power are. cimmcily ftjtaiUs touched. thefahricjaanniliiIiatrfIJl-Lai-bo,i iJ,ivh4WiiliP-f-fW5i this consti.utioi in p; U e reCUrtQ the -known 'relation v;,t'nrrmnrv,y ,t... tW.n , ,1 r - w.statesH, at the time of the adoption .of this cou have donenv'uh the constitutional "argument. Mipn, 'the - sahie. conclusion will re'iult. '1 he; Whether I have been able (ib convince -any mem nous interests, habits, rnannersrprejudrcj'ber of this House, I am ignorant, I had almost TOtioftVitiation ''and ' views, . - which excited '. said indifferent. But this Twill not say, because' PMKies and anxieties in the breasts of some ofilam indeed deeply anxious to prevent the pss- toucnea, thelabricjs anmhihated'ori.nart.fl, w tlif presrvatioirof these proportions, depend i government usurp' upn ih wnghtfand liberiies - ' , IticnUrs vital to the libertic of things, there is, there can bv,,n' need of con- cectiaent, U is. "appnrenl to the blindest vision. By the course of n,-.tmc, a:.d conformable to tlie T0Jt.!1-stiDiished citizens, touching the, re J sage of this bill. .Of this lam certain, however, hti ' 1 1 ' "ni...Kti, T-tiv jjitui un-1 11141 wncil llic iiissciiinjna ui una wtiy mv; yascu a- Awiuoption. 'The immortal leader of way, when party spirit shall no. longer prevent turn I t . r vowtiont in his letter to the President of the Vpngress, Twritten as president of the conven J hich formed this compttct, thus ''ipakoa' JJactltis atalltimerifficulttodraw "h? mp- the boe between ' those rights, n,;. fyed: t and oh the pient occasion, the people of the United States from hioking (at the principle assumed in it, independent pf gross anu -deceptive auacuruems on annpatmes.-jhat umoNt? v tfe us jo their ituaaonx extent, hn . mfanicul&itderfttt." The debates of that l? ' lhal tlie efrect ofthe -lave votes, Btae political influence of this pan oftlie cJoun AT Subjects of great Sc just jealousy to some fc5 HP'lqjs, in the Northern and lvistef. 1 "'WPDOSe. lhrn. that it hA K-.-n .V.ei'in,-f li? e'ru in aJdi-'on to thjelTect of this veir;ht .- , . t.'i'-iiatjori ot a World beyond the Mis. - b ght into this and the ether N oti i '--- iorm our taws, con- vi- -giltsi S1. decide, bur iestiny. v bir, can ior dr in-t'-ne patriot, of that dayvwould 'Jv-WP-neiit have liateherfjb "It I cThev were S!,m?Thcyliad nut tiikcn deftes'at thr ' my hevvTthe atur bf jt lhf. Svct of htj combinations in political Pvtici.tV' : kne-vthat "when the weight of i r r5 ?f - f confederacy was greatly Y.tiie;uUiugweipwoull-be abused rBuh ' me uuiure oilman xo exx'rcise 1 tt w.'k 1 cvncmsiyt eviuence agamsi ! of the gfat,t of such a power, a i ' $J 6',$t Why, sir I Have already beard t.-.ftoth w-d some wy there wiltbe attto the ground, here (Jefcmlcd will be acknowledged as a high constitutional bulwark,' ;'4'rtd that the principles here advanced will be' appreciated. I viJl adjl one word touching the situa'tiori of New Orleaus. The provision of the-treaty-of 1.803, which atipul.at..es.thatit shall be ".admitted as soon as- pos-,iuic,' uocs nor tnereiore imply.-a violation of the constit,.lidi. v There arc ways in which -t bis m'sy" consvittliionally be t ijecled by an amendment of the constitu'ion , or by reference' to conventions of the -peopjt; in the states. And J do suppose-that, in relation lo the objects of the present bill, (the people of New Orleans,) ro great diflictilty wpuldarise . Considered as an impor tant accommodation to the Western States, Ihere would be 'no. '.violent objection to; tje measure. But this wi-uld nqt answer all the prbjectsj'torwhicb thfe 'principle of this bill, vvhen once admitted, lead9V"-arid h men4 IP be appUtil. .The Whole ..extent pi MJUisiana is -0 ociii up into iiiqcpen-, dent stales ; to : counterbalae'and to pariliie whatever there is o( influence iriblher-quei'tcrspf thenhion. Suchia powtf, I arri well aware, that the. people of the s'atea would never -grant' you. And, therefore, if you get-it, 4he. only.' way ls,"by the mode adopted lb this, bill by usurpslion; 'V, -The dpetatloh here: urged is not a nemone.1' I refer with ifeatdeHkacV to thecoue pursued by any member 0 Ihe legislature j y et I t-nve it from; ucn.aumoruy vnai v.hyc ciuiic urucx ui 111c fact, that" our prestnt minister in Russia, .then1 a ttfee-bre wltcsijftjtkim ici p.c 'ftlie 'constitution, tlie is consti.utioi in par isceplre of pov.-er in this couutry ". is passing to v. arus.ihe Noi thwest. bir,, there is to this no ob jiction. The ribt belongs to that quarter of the couvitry Enjoy it, -It is yours! - Use .the' powers grrntcd as you please. "I5ut take care in,, your hsste After -effecluar dominion, not to overload the scales hy heaping it with "these new acquisitions. Grasp not too eagerly at your purpose. In your speed after uncontrolled sway, trample not down this constitution. . Already the eld states sink in the' "estimation of members, when brought into comparison with these new countries. We have been ttJiKl that " New Orleans was the most im- portant point n the union.'.' A place, out of the "uiuohi the most important place within it I We have, been asked " what are some of the small states, when compared with the. Mississippi Ter ntcry; f Ihe gentleman from that tetntory (Mr. Ppihdtxtci') spoke the other day of the Missis- bippjj, as it r a high read bctwee '- -Good hea-1 vena 1 between what.L M r. Speakrri Why The Eatiern and We6ternState., So that the north western tenitorits, all the countries, once the ex treme westefn bourxlary of cur union, are here aftt.r to be denominate Eajicrn States. v tWr.. P6indextitrexplained.7IIe said that he hud not said that the Mississippi was the boundary betweel the pastern and Western states. He hd mer'ely tlirbvyti cut a hint, that; in ' erecting .new states, it might be a good high road between then states on us waters; . His ulearrad not extended beyond the hew 'stales, on the waters' of the Mts- III make no icreat lVolnt of this mattf. The gVntlejnati.iirfiind, . in the' '.National IritelligencerVI the; erms, to which I refer I here will be seen, I. presume, what he has. said,' and what he has not jsaid,v Tliie argbment is not affected ' by the .explanatipnrv'Ne.'.v states are in"fenured to he forn ed beyond, tbe-MiS3issippi. : There. is no-. bmitjto men's, imaginations! on this1 subject," short r.I.Cali fornia and Columbia river V hen I said that the bill would justify a revolution ah$ would produce it, 1 spoke of itsprinciple.andjts. practical cdnsti uences; Tb this principle andtiiDSC consequent upon our and our country', happiness. It & val 'V. ued for that sober certainty of waking bliss-' which it ,enables us to realise. ; It grows-'out ot' .-'"' the afllctijons : and hss not, and cannot ' be mads v--to have, any 'thing umverial in its nature. ' .Sir' I confess it, the first public love of my heart is fhd 7' Commonwealth of , Jdassachusetts---.There' is mjr i fire-side j there are thejomba of my ancestor a-U j- ; " ' Low lies that land yet blest with fruitful tbrefav Strong are heir sons, tho' cocky are he,r shore"! - f And none, ah I none, so. lovely to my sight " Of all the lands which Heaven o'erspeads with,7 . ' ,f .'I',..,.- -L . ngnt." , The love of this unjon grows out of this attach-7'-? 5 to nay pativc soil' and is rooted in it. It,v;J it, because it afibid$ the external hbne oE' ' ment cherish her peace, htr.iPro8PeTitrbAr mdeoendencfei. 1 tmpp this MX JQbjmyiPJtie p'e.ople'op;. '". NewX)rleana ouUt'om the deep conviction that, .";' it contains a principle incprapatible with the libr ties and safety of my country. I bavogcbbceak: V5 ment oi my opinion. Jt he bill, if it; passes is a dcath-blow to the constitution. It may, after wards, linger; but lingering, Its fate will,, at no: verv distant nerid. be consummated ' . - Mr POINDEXTTJR; Mr. Speakerwlffii with? i extreme reluctance that I claim the indulo-ence h of the House, to panicpate in the discussion -of f the subject now iinder consideration, h IvshwldTff: pass on your time, ana ueiay the. nnal question ' the passage! of the bilLbefore youi 'but for thev j it v. on novel and extraordinary aspect which has been given to tne debate by an.'fionorabie .member jfjoni iia".tiiTttk.-fi." a4ii-Trt.-;r'5;'A""X'iPtiX' .--j't j?.TS.l i...iuy(v,, v.-"1" UlllWy.y ,r i lie ICIIUtUC Y 01 5- ' '- P 1' J!?J3 L?imad elbyltJKaLgentlernaftjg-anifest ly hostile to the best interests of .. the hatidn,' and; calculated to excite, so far as feir' influence e tends, a spirit of revolt among the people of the United States. -I -cannTjt,' enter myproBtrln'lJie ly provided for the peculiar situation which I oc cupy on this floor, against the ' establishment of principles fraught with such disa'strousonsequen-' ces. But, sir, as various objections 'havij been made to tbe passage of the bilaqd' ai T profess to l Iriendly to its gcncral objecta, I shall endea- vor to gifa sorne of these objections a cmicise ex aminat ion before I proceed to notice th$r observa- lions of the gentleman from Massachusttsi; i; "Jthaabc etrcontended by. W Jbonpiablei gentV man from CoSnectictit; (Mr, Pitkin) thatTnasinucit as the 'w.estfet-0 limits Nof Louisiana re.n ed the state to be formed of thepresein TerritbrV" ,"; 01 Mi ieaiia wouiu cxienu its jutisdicuon over ther . , province of Texas,-' to' Rio Bravo, and down thai: river to its confluence: With the sea, so as to tiihM elude the. Bay of St. Bernard; arid the whole "A-':SiV tent o country; soppoSed by'the Americbno-V vernment to be transferred by the Fibch RepubiCf'i lie under the name of Louisiana; 4Tl)ia fiiturb- stance it is alleged . will enable "the; 'governrneht the new state to involve the United States m',rar, ;t;J for the establishment of th'e'ni'dst tvestern boundajvf -ry, to whictr- we have asserted a claimTbe een- tleman has himself referred to aTact, which." ib t - ' 1 my esumauony lurnisnet a autncient answer o this :y?i i objdction.ile admits, hacthe Jortherh ?bxnin-T' 1 dary of the state- of assachusetfs was never. de-";'fi finitely estahlishVd until coinmissiriejV pointed by.Ue gpyerombwof'-jfeat f United States, rfo S ef tafn'iylhat wis the T'ue-V Viver $t. Croix; Anterior to thiit event it was, nni.; 1 certain -W' tar north the juristitrt r:f assaciuj. artta-CTtendeil;":.tnkih bafor state sovereignty' piver imagmid' 'ihar-' the state, could detid i its o jpji bubdaTie, and k'l ' upon the genera! oveftimeht to -support 'that dc-? r jsipn at the point of the bayonet, v jhe dUncuitv;W; was adjusted ibfj. amicable epboaiin. nA iu'J river designated ' by 'the two nfftionshpeam w-' i jerraane'nt bonmUryof the aiate. ' ' Can the ce. "' ; i .t v
The Raleigh Minerva (Raleigh, N.C.)
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Feb. 7, 1811, edition 1
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