. TwO & A HALY OOLS. fERJ A mm. Payable hilf Ye(r'). J PUBLISHED (WEEKLY) BY WILLIAM BOYLAN ., rTVfO POV.t.A P' AN. Vol. 8. RALEIGH, .(n. c.) MONDAY, JSVFEM BE II 2, 1803. No. 398. CONGRESS OF THE U. STATES , . Haass or. RMPtsssNTATitts. f Monday. Oct. ai. . -ii-T , IMPORTANT DliBAJti- On Mr. R. Grtjwild t refolation jor cailtrg on the prefident for the tvidentet of title to, the pro ' vinsrof 'LoujJiaua. .. - Xfr. R. Grihusld faid. that he had ob- ierved by averting to the mellage of .the .t .t 4 . nl ihns n lit in finf "that it MfCia nirjiocjii ui-tui: "Alii iiiuauit luui 11 ti - -expected congrels would lortnwim pro- . JlflUv UJ W 1U1 ; lilt- -JI t-lWl auww ui liana. The general fubjeft together with' the treaties with France of the 30th of - April Had been already, referred to a com mittpp nF the whole houfe and made tlie order of thatiiay, and he prefumed the hrit otyect : wQicn wouia engage me at tention of the commit tee wcni Id be that rnrixrhfch-iTFiit He "dHno however, think rh-it the meflage of the prefideht or the treaty which attended tit, farniffted 'that evidence of our right '-to interfere-in4heg?)vernmentci.r Lpui funa, which could juftil the houfe, in paffinij any law on that fubjett.v Me thought it-became ncceiTary to ob tain further evidence our rifle. before we attempted to excrcile "a juriidiction ovcta couniry-ana-ju-vci! a.psupic vhu-' K 1 1 K A r rliy In. ,r rrT tt-ottI ;' The only article faid Mr. G. which rSIUlcS IO lUC IUIC. IS UIC mil fliunc m the treaty, and it is thus exprefied : Art. I. Whereas, by the article the third of the treaty concluded at St. Idel fonio, the Qih 'Vendemiaire, an. 9 C 1 ft Ocfober, 1800, 1 between the Firft Con fufof the French Republic and his Ca " thplic Majefty, it was agreed as follows":. " His Catholic majefty promifes and pnenrrrs on his Dart, to cede to the French republic, fix hVonths after the lull arid entire execution of the conditions aiid ftipulations herein rehrrive to his royal high nefs the duke of Par ma the colony ,or province bfLtiuifiaria, with he fame extent that it now has in the hands"of Spain, and that it had when France pof fe(fed it ; and fuch as it mould be aiter the treaties fubfeauentlv entered into be tween Spain. An.d-other-ilatcs,- -; lilts anicJc 111 luc mil pin-w icv.vjim- es, "what has, been y$U underft.ood, that Loulfiana was a, province of Spain, and . in the next, place it dccUr js, that by the treaty .of France and Spain of rhe ift of October, ,i 8cb, Spain has ftipulared thai fhe. willi' fix months after the full arid entire execution of the conditions and ' (tipulations relative to th'( Dulce of Par. ' ma, cede to France 7 the piovitice of Lovufiana.': 1 he title of the Uriifed Sfatc's therefore, depends upon the exe cution "of thofe conditions and ilipnlati-ons- For it will ba adnucted if France has never fulfilled the. conditions, fhe l.a3 acquired nio title to'tac country, and. tould ie!l notjnng.v nor coul i ws pur chafe. It bec,ms iiKportaat. Tntn, b- ,e congrie& proceed to k?,jfite'for the tfuvernment of thd'c people, that we fhotdd'ilfcertain yliat were the er.tent of ijfie flipulatioUS in rel pecl; to the Duke of 1 Vhia; -i iah J whet her thofe ftipulations had tJeenTexe.euted ; for on thii? our ti - ' -e uiiht probably depen i. A recur rice'fothtfiriefliigc.and the treaty would throw nojight upon thefe points, and it became neceflary. to look further be fore the hpulej'procecded to decide. The treaty of tdelfonlq between France iw Jspain of -the-1 ft of-C Jaooer,- oo, had he? n rpfrrrpd to in the treaty under cofideration ; it was the milrtinient by v hich France had acquired the title, t Hie had ever obtained que, and being one ot fhq-titldeeds of . the. domain,., jt muft ',erpr.efutncfll that the government" of tnei . United States, -hid been careful w ob- uir, a copy. : j- - That treaty was equay impoitant to tVie vm Mn t.t thp lQifliirure. for with.m nn(Tfltio ?f it muft be orefumed 1 jm the executive couia noi nave tua- nted to the purchifc, and without tx asfi?Trr?ri fW 1 wJflatare could 'not'de- ide vvherhef; we hadacquifeOla tiKhttul iuri .iirrioir.nver me tuunuv. iuci it was neceflary to eftablilh in regard to the title. That treaty contained phly a promife to cede, the country in quedion, as appeared by the article which had been trahferibed ; and this only upon the per formance ofcertain conditions- ,'ihe aftual cefficn had not been' difclofed ; but for the-uumofe of clearinc ud the title the deed or inftrument of cefllon ought to appear. -vv ". TJjere was an additional f aft which A: Mr. G. thought it 1 tnportant to afcertain, whether bpamnad coniented tothe tram fer of this countrv to the United States. This fact may be., important in feveral pomis 01 view, ti'opaiu tuiiicuia iu transfer, flVe either admirs th.;t the con ditions Have been executed oh the part of France, of, fhe waves her claim to a full" execution of them, and in either e vent, it may be faid that the claims of Spainhave beenexnngui!hed. -But if fJaitdlaTfeTHqaftl fer, it prefents a ftrongreafon to believe that the coivditions h ive never been ful fiUe.l, or rf they have been fulfilled, that we fhiill becompelled to pofTeiTs thi? coun try by force.-T he. complexion and ex tent of our DreDarations to poflefs the country muft in a meafure be regulated by the ditpoiition ot pain towai Js:.us. Wi'thihis view of thefuhject, hlr. G.. faid that he could not doubt the necefiiry of calling on the prefident for further information before the houfe' proceeded to act. ' In doing this however lie would ne careful not toafkan improper diiclo fure of executive fecrets,'6T interfere with the prerogatives of the executive J i"i .re fpedt to treaties. Ihe treaty of Idelfon lo he prefumed could be no ftcnit, as one article of that inftruiaent had been trankribed inter the treaty under ci-r.ft-daration. Nor could tkc adual ceia.m or any of the evidences of ttle be conft dered as fecrets to btf withheld from the legillature ; becaui'e without .polF-lTing them, congrefs could never knoiv what, legiflative. prbviftbgs were neceflary for a full execution oi the treaty. He had always believed that (he power of making treaties under, the conftitution belonged exclufively to the Prelident with the con fent. of two thirds of the fenite and that . kbLeioLU eaty-Jft'as unce tairiy.aad -cmfu -tutionalh made and ratified, ifbecame the lm-6f the land, and as fuch ever.y branch of the governthent was bound to carry 11 into execution. But in order to d'o this, it became nceelLry to know the extent and effet:of the Treaty. And in the prefent cafe, if it fnould be found after a full examination of the title, that the claim of France was- defective, and of courle that the United States had gained neither -territory or fnbjstts by thh quit cljum -which France had civen rus, it vc'oi'.ld be abiuvd, and a direct u'urpati-: on for congrefs to pafs laws for govern in Jt the country. -'I he call which he pro- poled to niakc," would therefore he con fined to thofe objects -which mult be 'Airinw.tlinna h thought it lieceiTATV nrnn."r rlidf rk rall fhoulahe made on tiie prendent for a copy ot that treaty. . Mr. ;Grifwold laid, he wotId obferve lo, that the treary of Idelfonfo would rtobaDlafceitain all the fa&s which known, .before the'tegifliture cat! with a know Icde:ot the lubject, yjiciue no the treatyjs to be carried into execution; &.nd he would take the liberty of fubmit Fe a refolutibn which was confined to thofe objects, Sc.ii feconded,. would lay it 6n;the ta'jlc. r Mr. 7. Ranfapl rofe and faid,' I hpt?e the hotvfe' will not agree todris Tefolut: on I am well aware of thc cqnfec.uenc c u-liJrh mav t"e!u!t from-mluiiiriK pa pers from the executive before the tufi-' nek comes fuMy before ths hodle. 1 he lemahwhT bnr.gs it torwaru, t. varied a little in me:itionm the word fubieJ. I know it is a favourite exprem- on with tne genueman. a i'ua tenchant, of tome gentlemen tor mis cx preiTion, vcill be an excule for my v;:ry ;nr. nhrctfenlnfrv. A conm fan' has betv ,lent from France to Louifianavto do that which may be necefiary, and of which the gentleman is doubtful, and-to tranfmit his proceedings to the4refident ofthe.XMred-Sta'es-- it appear by this rltrmvfion tsmakinij on the part of France, to putts in poftUion of the ter- ritory, 1 anu wijuic nwn . , as foon as we on our partrattfv the trea-, ty. There is therefore anecelTity forour making provifion to carry it into effetiV There was in: the famous: treat? uwith Great Bi itain, objeaiowralmojl ifinu marable, '. Language of 'this kind was then held lip in the houfe, itwa3 faid we deleft' your treaty-:. A treaty now very cjifiefent from that of London autfeaty advantageous and popular is made with Fiance. If we find it a good treaty, we furely ouht to make provifion for it.- Shall we take an exception to our own title, when Franre has oledcred herlelf -r - - r- - - - a- 1 for its valiilirv? Khalf xr refufe to be'DUt fin poffeflioriCanany gentleman doubt mat as far as rj&nc e can bcltow, we have a titje?rCan"they donfJiut that France has' notja, title rqm Spain ? Will our paffing'ah acf to make provifion for. car rying this treaty injo effect impair our ti tle I If it mould herearter -appear that Spain has a title, and that title is ur.con veyed to France, it certainly will not, It appears. to me that it will belittle bet ter than, a rhockery,, to enquire at. this time whether weHi'ave a title to this ter ritory." So "long as we are informed by the exetuiive that we are to be put in pof fellion. and that he has Dowers f'oto do. -weytertfrrori in quire rartner. Mr. Lynn. I rife only to obferve that I think this refolution, has been brought forward in difrrfneftful manner. Had it been decent & rej peel ful I (hauld have voted tor it. It implies that the execu tive has made a bargain to which he had no title. I wifhthe gentleman who bro'r j this reloliiiion forward had flievvti a lit- 1 tie jnore-jefpecVfor tfie-executive I haATrf )r .myi3wn part no obj&ion to the docutnents beintr brouuht forward. I think they fhould be brought forward. Fvery prlon might have fcen the fadt fro'm the newfpapcrr . I only rofe to men tion the manner in which this bu.fi nefs has been brought forward. Afr.'GiJJarJ; The objct to be obtain-, ed by feeing- the papers, requefted to be laid4before us,, is to afcertain, whether Fj ance, from whom we have recei ved a cefiion of Louifnna, had derived from Spain, any title to that country. Gen tlemen lay that if is unneeeilat y for;iiFTO know this ; that France has declared in the treatv: that (he has an ' inconteit- - T - . ible title to the domain-and to the p !- lemon of the lam territory. ouch in deed are the words of the- Treaty, bu? Fnince'has n. t left the matter here -'if that declaration had been limply rhalc. there wouraTTave been more irt the argument- but the Treaty, has gone fur-' thcr, and told us what that wcontefttb'e ti' th iV? Ami wh;if is if ? All -the title of France to tfie ceded territory is derived I from the thi.rd article ot her treaty with Spain, of the firfl October, 1000. That atticle is introduced into the treaty, now on our titbles, and is nothing more than I a promife on the part ot his Catholic ma jefty, To cede ti ihe'Fr cu h republic fix months " nftcf the full and entire execution cj the cci;di thus aid iTipul.Uicns herein, relative U his rjy nl hizhmfslfje Duke of Partita, --the colony and ' pri''c ot ' LoufiLinn. &c. Our treaty .with France, then goes on to fay, and whereas' in "purfuance of the laid treaty, ttodjntiiiidiry th third r title i the French rep'ubttc has an- incotifeflible riTle,;..feS' So that France no'v culytf lis us that the do not receive at prefent any niArp rhan th'jt firle to the 7 erritorv. - es noevideneeet mlerweT-h- the evidence on this fub;edt 1 deprecatcvi by lhc gentleman ?rom Con ve the conditions of the trea- ne&icut ,hey are premature. A Trea- has an lnconteftible title to the ceded t-'er; ritory, but ihe alfo'tjeils us what that in conteltible title is and it is nothing but a proihife on the p;Tt of Spain, to cede fix rncnths after Jhe fulfilment of certain condition relating to the dukcof Parma. What then do We purchafe upon the face of the treaty jtftlf? Not a country, but Ins Catholic majefty's-promife 'to ce'de a. country at a future time and on certain conditions. -.Now as the treat UMi fiirniihes no evidence et tine, we encTuire tor "tl WTp :if. have tv ltween France and Scairi. ever been I fulfilled ? Have the fix months elapfed ? ' If fo, let us lee the actuate einon wmcn Sniiii1 nrnmiit'd to make.' If hot. has vSpciin ever waved the performance of thofe conoltions and thereby yielded the title to France f If Spain has eret donci this, we afk for the evidence ot it. j.et iis know whether Spain illents or dif fents to bur takipg poflellion of the country.- ' -:: r - " -.'." Fhis, information, we defife, not for the purpofe of ratifying or tejeding the treaty thisbelons to theprefidexifand fpnate alone; But tor the Durdofe of en abling: us tp: judge,Cwhat laws, are rie ceifary to be paffed, or 5ther anyy fox the government ot the country. V " . But if is faid that the treaty provides hat a comtniflaiy fliall be feat by France ir thp rpHed rcrrirorv. to receive its po feifipn from Spain and wanfmit it to us. hit therefore of no importance to us to knoW," whether Jtonce has any title? Ifthe coinmiflary cannot receive ponei fionjifm Spain, he cannot tranlmtr it to US. J3Ut auppoic i lie ii!iiuyiic vi mc Fit ft conful of Fiance.' is now law to .Spain may not the time come, when a . different Itat of things ...will exifc ? And . may we not, bepre we pay fifteen mil li-.. ;oas of dollars, enquire whether our title to the Territory is fc'nd- ? s v - . But a gentleman from Virginia (Mr; Randolph) has faid fjiat. there is a. great difference between this cafe and hat of the Bririfh treaty to which he has refer red. In that cafe, fays the gentleman the houfe of reprefenratives laid to the prefident, 4 fir we dettfl yr u-.-aty.' .- But this treaty the gentleman layTiasbeiui -haiied by th e countty as .ableffed thin f TkTiWi people oj tfiii country can have expreffed their appio- . baiion of this treaty r, If is riow forthe 'firft tunp. been made public, and its terms and conditions,, have been, here tofore unknown,1 and ! cannonuppoie that the people of thiscauntry wrlconfi- der it as a blefled thing to pay fifteen mil lions of dollars for a country, to which . they get no title. ' - Mn Smiliti I rememberJomethingor the kind, that has been obferved by the luft gentlemanrwho Ipokc, and it wouta . he well fr lnnt'4nto it. It was faid UDon a foi iner occafion that we had no right to call forpapers, and l ilill think lo ; . but we may judge bow far jf is neceflary now to call for them, Mr- S. here read the refolution moved to "call for papers pending the'Bfffiflf treaty. ) I fee no pc cafion for fo doing .in the prefertt,iji fiance. - 1' .'.'-': Mr. 7. "o'idrlpJu I Ihould be willing to -call for papers were they neceflary, but I lee ho re.ifoh for the prefent-reto lutiori. '1 he prefident has treated with ' . the firfl conful of France for Louifiana ; and "the fenate has ratified thetre,'ity. --'( 'i'li - French luivt declared that they .wyl , IV id a'.cpmmiHary to give poffefiion, 3 loon as the treaty was ratified by thefe- nate.' 'lhat has a're uly been done, and I can ftate to this houk ihatfhere is now -a commilfarytliere on the part cf France. :r' Mr,iihtty I greatly admire the talents of the nen:!emcn who moved and lup- ported this refolution, but I think it pre mature, 'l'he fir (tot thefe gentlemen is not only inquifitive but ittJef aiiablc , the fecondv ingenious ancranimated. 1 he gentlemen wifh to hae it afcertain ed whether we have a title to Louifianaf" It is very true We five not attained an abfo'ute ju rilchel ion, becaule t'he terms of the, treaty are not yet complied with. '1 he gentlemen's inquiries are vifionary. -Young as t am, and little verled in the fubjcctrI am unwilling to enter at length -upon it. The prefidcmtells us that tl ctrtighfened government of France has, on certain conditiops, and under certain 4 Uipulations conveyed Lotiifiana to thtf . U. Stat es of America. The' gentleman' Mr. rGoddard) afks wilt the people be : content to pay fifteen million of dollars ' - not for a territory, but for a promife r It was fliptdated between France and Spain, .that Spain fbcHild cede Louifiana upon ccrt-.in co)idititns to the Duke of Parma -within fix -months. T acknow ir tn be onlv an afTeftionyof the-- French that they have a title, and 1 con- 1 lets mat we ty has heen entered into by which France nas irariMcrrcu iuc iik"1 uy' w . they fend a commitTary to deliver poffef-v fion tothe United States.'Now if the treaty is carried into-effed we muft have uJegal title, and acquire poneliion. We ought to do every thing in cfar power to carry tjie; treaty into effeft--for we are not fubjL-Svd.to nay a fingTe cent until we are pat in ncfiecton. iTefuming up on the good taith .0; the trench govern-, ment.we may falely go on in making the provinon. . 1 conmve.inai uiaars ments of the two "gentlemen froni Con nedicut, . with thetr abilities can be of , na avail. - ;-.' ; '-:v: "-- vt Mr. Tbatdef, The rentlettiin from Pennfylvania (Mr. Stnilie') has com?t it- ... j TV

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