Fress

ress the limits fixed by that compact, by a total disregard to the pecial delegations of power therein contained, an annihilation of the State Governments, and the creation upon their ruins of a General Consolidated Government, will be the inevitable consequence: That the principle and construction contended for by sundry of the state legislatures, that the General Government is the exclusive judge of the extent of the powers delegated to it, stop nothing [short] of despotism since the discretion of those who administer the government, and not the Constitution, would be the measure of their powers: That the several states who formed that instrument being sovereign and independent, have the unquestionable right to judge of the infraction; and, That a Nullification by those sovereignties, of all unauthorized acts done under color of that instrument is the rightful remedy: That this Commonwealth does, under the most deliberate reconsideration, declare, that the said Alien and Sedition Laws are, in their opinion, palpable violations of the said Constitution; and, however cheerfully it may be disposed to surrender its opinion to a majority of its sister states, in matters of ordinary or doubtful policy, yet, in no [omit] momentous regulations like the present, which so vitally wound the best rights of the citizen, it would consider a mo silent acquiescence as highly criminal: That although this commonwealth, as a party to the federal compact, will bow to the laws of the Union, yet, it does, at the same [time] declare, that it will not now, or ever hereafter, cease to oppose in a constitutional manner, every attempt at what quarter soever offered, to violate that compact. And, finally, in order that no pretext or arguments may be drawn from a supposed acquiescence, on the part of this Commonwealth in the constitutionality of those laws, and be thereby used as precedents for similar future violations of the Federal compact this Commonwealth does now enter against them its solemn PROTEST.

in

ป

No. Ce Trea'

SIANA PURCHASE

n as possible, ation of this

with France for the Ce such treaties

of Louisiana

tribes

ited

hall

April 30, 1803

erce

›m

be

United Franown as Louisiana belonged to France until 1762, when it was 1, 1800, bo By the treaty of Paris in 1763, a portion of Louisiana east of Spanishre pi was ceded to Great Britain, and in 1783 the eastern bank of tion resippi as far south as the 31st parallel passed into the control of the the neates. By the third article of the secret treaty of San Ildefonso, Oct. $20 Spain agreed to cede Louisiana to France. October 16, 1802, the intendant of Louisiana by proclamation forbade citizens of the United the further use of New Orleans "as a place of deposit for merchandise, ing An appropriation of the free transit for our ships down the river to the sea." o0,000 was made by Congress for the purchase of New Orleans. January the 1803, Jefferson nominated Monroe as minister extraordinary to co-operate ie's, th Livingston, the minister to France, in negotiations for "a treaty or conention with the First Consul of France, for the purpose of enlarging, and more effectually securing, our rights and interests in the river Mississippi, and the in the territories eastward thereof." The outcome of the negotiations was the urchase of Louisiana by the United States. A treaty and two conventions, 1 ated April 30, 1803, were signed early in May. A special session of Coness was called for Oct. 17; on the 20th the Senate, by a vote of 24 to 7, ified the treaty. The House declared in favor of the treaty on the 25th, a vote of go to 'EFERENCES.

25.

English and French text in U. S. Stat. at Large, VIII., 206. The message of Jan. 11, 1803, is in Amer. State Papers, Foreign ions, II., 475; for the two conventions and diplomatic correspondence, [I., 508-583, or Annals, 7th Cong., 2d Sess., 1007-1210. The discuss in the House may be followed in the Annals, or in Benton's Abridgment, The best account of events is in Henry Adams's United States, I., chaps. 17, II., chaps. 1-6. See also Jefferson's Works (ed. 1854), IV., 431-434, 459, 498-501, and further correspondence in V., VII., and VIII.

*

*

*

*

*

ARTICLE I. Whereas, by the article the third of the treaty ncluded at St. Idelfonso, the 9th Vendémiaire, an. 9 (1st ctober, 1800) between the First Consul of the French Republic nd his Catholic Majesty, it was agreed as follows: "His Catholic Majesty promises and engages on his part, to cede he French Republic, six months after the full and entire execi on of the conditions and stipulations herein relative to hi oyal highness the duke of Parma, the colony or province Louisiana, with the same extent that it now has in the hands o

LOUISIANA PURC

Fress the limits fixd that it had when France posed into tween it; and such as pecial delegationsbe after the treaties subsequently uruir

the State Govern other states." And whereas, in blance

Fre

the

Re

to

tlses

thech

on of

of

Genera treaty, and particularly of the third article, the quence public has an incontestible title to the domain an sundry sion of the said territory: The First Consul the exc Republic desiring to give to the United States a st Spe stop no his friendship, doth hereby cede to the said United Sisse who ac name of the French Republic, forever and in full sover and be the said territory with all its rights and appurtenances, as formed in the same manner as they have been acquired by the the un Republic, in virtue of the above-mentioned treaty, conclude h Nullif his Catholic Majesty.~

under

Ach

ART. II. In the cession made by the preceding article Comm included the adjacent islands belonging to Louisiana, all pul declar lots and squares, vacant lands, and all public buildings, fort palpal cations, barracks, and other edifices which are not private pro fully 'erty. The archives, papers, and documents, relative to th of it domain and sovereignty of Louisiana, and its dependencies, wi in r be left in the possession of the commissaries of the United State vita and copies will be afterwards given in due form to the magi siler trates and municipal officers, of such of the said papers an mon documents as may be necessary to them.

ma

laws ART. III. The inhabitants of the ceded territory shall be in will corporated in the Union of the United States, and admitted a soon as possible, according to the principles of the Federal con tha stitution, to the enjoyment of all the rights, advantages and im munities of citizens of the United States; and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.

m

*

*

*

*

*

ART. V. Immediately after the ratification of the present treaty by the President of the United States, and in case that of the First Consul shall have been previously obtained, the commissary of the French Republic shall remit all the military posts of New Orleans, and other parts of the ceded territory, to he commissary or commissaries named by the President to take possession; the troops, whether of France or Spain, who may be here, shall cease to occupy any military post from the time of

taking possession, and shall be embarked as soon as possible, in the course of three months after the ratification of this treaty.

ART. VI. The United States promise to execute such treaties and articles as may have been agreed between Spain and the tribes and nations of Indians, until, by mutual consent of the United States and the said tribes or nations, other suitable articles shall have been agreed upon.

ART. VII. As it is reciprocally advantageous to the commerce of France and the United States to encourage the communication of both nations for a limited time in the country ceded by the present treaty, until general arrangements relative to the commerce of both nations may be agreed on; it has been agreed between the contracting parties, that the French ships coming directly from France or any of her colonies, loaded only with the pul produce and manufactures of France or her said colonies; and the ships of Spain coming directly from Spain or any of her colonies, loaded only with the produce or manufactures of Spain or her colonies, shall be admitted during the space of twelve years in the ports of New Orleans, and in all other legal ports of entry within the ceded territory, in the same manner as the ships of the United States coming directly from France or Spain, or any of their and colonies, without being subject to any other or greater duty on merchandize, or other or greater tonnage than that paid by the citizens of the United States.

me

at

During the space of time above mentioned, no other nation shall have a right to the same privileges in the ports of the ceded territory... it is however well understood that the object of the above article is to favor the manufactures, commerce, freight and of navigation of France and of Spain, so far as relates to the importations that the French and Spanish shall make into the said ports of the United States, without in any sort affecting the regulations that the United States may make concerning the exportation of the produce and merchandize of the United States, or any right they may have to make such regulations.

ART. VIII. In future and forever after the expiration of the twelve years, the ships of France shall be treated upon the footing of the most, favored nations in the ports above mentioned.

ART. IX. The particular convention signed this day by the

respective ministers,' having for its object to provide for the payment of debts due to the citizens of the United States by the French Republic, prior to the 30th of September, 1800, (8th Vendémiaire, an. 9,) is approved, and to have its execution in the same manner as if it had been inserted in this present treaty; and it shall be ratified in the same form and in the same time, so that the one shall not be ratified distinct from the other.

2

Another particular convention signed at the same date as the present treaty relative to a definitive rule between the contracting parties is in the like manner approved, and will be ratified in the same form, and in the same time, and jointly.

THE provisions in the treaty of 1794 with Great Britain relative to neutral commerce expired by limitation in 1806. April 18, 1806, Congress passed an act prohibiting the importation of certain articles from Great Britain and her colonies after Nov. 15; but Dec. 19 the act was suspended until July 1, 1807. Great Britain also refused to give up her asserted right of impressment, and on Oct. 16, 1807, a proclamation was issued "for recalling and prohibiting British seamen from serving foreign Princes and States." In a message of Dec. 18, 1807, transmitting a copy of this proclamation, Jefferson urged the attention of Congress to "the advantages which may be expected from an inhibition of the departure of our vessels from the ports of the United States." A bill for an embargo was at once introduced in the Senate, and passed that body the same day, by a vote of 22 to 6. On the 21st the bill with amendments passed the House, by a vote of 82 to 44; on the 22d the amendments were concurred in by the Senate, and the act was approved. An act of April 22, 1808, authorized the President to suspend the embargo acts in the event of peace or suspension of hostilities between the European belligerents. REFERENCES. Text in U. S. Stat. at Large, II., 451-453. For the discussions in Congress, see the Annals, 10th Cong., 1st Sess., I., or Benton's Abridgment, III. Numerous documents relating to British depredations on American commerce during this period are in Amer. State Papers, Foreign Relations, III.: see particularly the royal proclamation of Oct. 16, 1807, ib., 25, 26; report of the Secretary of State, March 2, 1808, on impressment of ED.

---

1 Text in Treaties and Conventions (ed. 1889), 335-338.

2 Text in Treaties and Conventions (ed. 1889), 334, 335. - ED.

3 Signed: "Robert R. Livingstone, James Monroe, F. Barbé Marbois." — ED.