The telescope. (Columbia, S.C.) 1815-1818, February 06, 1816, Image 1
nilUMH WBEKtt
BY J1I0MAS W. IXMRAiN,
IV the ?KooKoirroHr optnr motor otcirmti ?r datu a nu
vruon waiid, ox ?icNtM?ON at.
'/VriM v A'i/WW/Mn.? Three Dollar* per annum, pay
able in Mlvancc....No paper toJ>c discontinued. but
tlie option ol tlie Editor, until ?U urmnirw arc paid. J
* exceeding fourteen lineeTtiScrled
SSSBB^tas
- ? .1 I || II I I r I . It-' mi <
TOMK J,
Between France find Me Mitd'Poweru cottcluft
tdat Purl*, JVc/tJ.80|ji81fl(.; > A .
In the name of (h^Hoty and imlW$?lblc TYi
nity ? The ,V? Voweri havlnjr.br Un united ef
forts, and by the succeM ^ihtirajrmi, preserv
ed France and ,
which (hey ,M, ?> UIV > IHt ?HCIUplU
of Napoleon BdnaMrte. hy the revolution
Christian Majesty in a wish to consolidate, by
tho inviolable preservation of tho royal author
ity, the constitutional
innrter to its full vigdr; tho order of things hap
plly re-established In Frabce, as well aa to re
Ktoro the relation* of confidence and reciprocal
pood will between France and the surrounding
nations, which tho unhappy effect* of tho revo
lution and the spirit of conquest have so long
interrupted j persuaded that thin lost object can
only be accomplished by an arrangement ade
quate to insure just indemnity for the past, and
a solid guaranty for the futtiro ; have taken into
consideration, in concert with his majesty the
king of France, the mean* of realizing tliin ar
rangement ? and having acknowledged that the
indemnity due to the powers can neither be
wholly territorial or pecuniary, without inter
fering in some degree with the essential interests
of France, and that it would be most expedient
to combine the objects proposed, in order to a
void those two inconveniences j their imperial
and royal majesties have adopted this basis for
tiieir actual negotiations \ and being mutually
convinced of the necesHity of preserving* for a
do terminate period, in the frontier provinces of
Fiance, a certain number of allied troops, they
have agreed to combiue the different dispositions
founded upon this basis, in a definitive treaty.
To this end, and for this purpose, his majesty
the king of Franco aud Navarre, of the one
iiar(, and his majesty tho emperor of Austria,
king of Hungary ana Bohemia, for himaelf ana
his allies, of the other part* have named their
plenipotentiaries, to discuss, conclude, and sigii
the said definitive treaty, to-wit ?
[Here follows the names and qualitle*of'tfic
plenipotentiaries.] , " . -v- 11
of the
,T. l. The frontiers of
?alhe?w?r?)n;i
GT the modification of bCh parties which are in*
dicated in the present nrticlc. 1. On the fron
tiers ?f tho north) the line of demarcation shall
remain such as tlie treaty of Parte hid Axed it
until it reochea opposite to Quievrain ; from
thence it tiball follow the ancient limite of the
llelgic province?? of the former Bishpprlck of
iLicae, and the Duchy of Rouillon, suclr as it ex
isted in 1700 ; leaving the enclosed territoric?
of I'hillipaville and Marienburg, together with
the places by that name, and the whole Duchy
|f llnullon, without the frontiers of France *?*
fron Villas Hear Orval, on tho confinM'^ibV
k )>< partment of Ardennus and tho Gr&n'd Uu$Hjrv
? - Ltixembergt as far an talc* upon tho cause
tvay which leads from Thionville to Nerve*, the
line shall rcmidfl such as it was i designated by
the treaty of Paris. Prom Palo it will pasa by
Launsriorf* Wallerich. Bhordorf, Niedaveiling,
Pellweila, all which places, with their liberties
(franchises) shall remain in Fr*nce> aa far aa
llouve, and from thence shall follow the ancient
boundaries of the country of Sancbruck, leav
ing Bane* Louis and the course of the Bana, witH
the places situated on the right of the line above
^designed, and their liberties without t{ie limits
? of France. Prom the boundaries of Bancbruck
?the line of demarcation shall be the samo which
now separates from Germany the Departments
/of the Moselle and the Lower Rhine, as far as
$ Lauta, which hliall hereafter be the frontiers un
til where it empties into the Rhine. The whole
of the territory on .the left bank of the I?auta,
including Laudato, shall compose part of tier
many, nevertheless the town of Weisscmbourg,
through which that river flows, shall remain en
tire to France, with a small portion of territory
on the left bank, and to cxcecd one thousand
toises, and which wil) be more particularly de
termined by the commissioners who are to mil
the boundary line. 2. From the mouth of the
Lauta, along the department* of the Lower aad
Upper Rhine, Doub* and Jura as far as the Can
ton du Vnud, the frontiers shall remain as they
were fiv.ed by the treaty of Paris. The bed or
course of the Rhine shall form the. demarcation
between Franco and tlie States of Germany)
hut the rifljht to the islands therein, such as tlie
same filial' ho hereafter decided upon, or anew
survey of ^lie course of the said river, shall re
main immutable, whatever changes the course
of Said rivers may undergo in the lajwe of time,
commissioners shnlfbe appointed on both sides
by the high contracting parties within the term
<>'f three mouths, for the purpose of |nrncecding
to the said survey. Tlie. one half of the bridge
between Strasbourg and Kelil shall belong to
France, and the other half to thn tiratul Duchv
of lladen. .1. To establish a direct communi
cation between the Canton of Geneva & Swit
zerland, the part of the country of Gex, bound
ed to the eiist by the lake Leinan, to tho south
by the territory of the 'Canton of Geneva, to
tlie north by the Canton of Vaux, and to the
*e?t by tlie'jcourw of the Vcrfoix. and by n line
which includes the districts of Collex-Bo Uy,
and Mcyrin i leaving the district of Ferttey to
France, shlrii bo ceded to the Helvetic Confe
deracy, In order to be tymnited to the Canton
of Geneva. The line of French Custom Hots
ei shall be placed to the west of Jurat so as to
exclude this whole country of Oni^ uritho<4 the
line, 4. From the frontiers of 4po % canton of
Geneva as fsr as the Mediterranean, the line of
demarcation shall lie that which' in lTOO separ
ated France from ftavoy and the county of Nice.
The relations which the treaty of Paris of 1814,
had established between France and the princi
pality of Mynuoo shall cease forever | and the
same relations ehai I continue between that prhi*
cipfclity and hla tuafesty the king of Sardinia*?
9* All the 4eiritories and districts Included
within th$ limits of the French territory, such
aa they have tota determined by the present arJ
tide, ?J^all rcinain united to France. 6. lite
hljrh contracting parties, within three months
after the signing of tho present treaty, shall ap
point commissioners for the purpose of regulat
ing whatever may have hslation to tho bounda
ries of countrleH on either side $ and on the com-l
Cletion of their labors, maps sliall be drawn, and
oundary marks placed to shew the respective
Art. 2. The places and district* which ac
cording to the preceding article, ulmVl no longer
compose a part of the Frcnch territory, shall re
main at the deposition of the allied *|>owcre, in
the terms fixed liy the Oth article of the military
convention annexed to the present treaty | and
his majesty the king of France, for himself, his
heira and successors, perpetually renounces the
right* of sovereignty and property which he
hath hitherto exercised over the aforesaid places
and districts.
Art. 3. 'Die fortification of ltuninguen hav
ing been constantly an object of uneasiness to
the town of Haste, the hiuli contracting parties,
in order to give to the llelvetic Confederation
a new proof of their good will and solicitude,
have agreed between each other to demolish the
fortifications of llunlngueii j and the French
government, from the tame motives, stipulates,
inatthey shall never be rebuilt* and not r?-plac
ed by other fortifications at a distance less than
3 leagues from tho town of Basle. Thu neu
trality of Switzerland shall be extended to the
territory which U' to the north of a line to lie
drawn from Uginepfacluding that city, to tlie
south of the lake of Annecy by Kavoragc, aa far
as Locheralne. and ftow thence to the lako of
Ikoujrct and the llhoiiu in the same manner
that It was extended 'to ift&iprovlnce? of CI
blala and Faucigny,by the Md article of the
nal act of the Congress of/??fcuu ,
)*
*1 power*
millions o!
nd guarantee of the payment
be regulated by a particular
convention,' which shall linvc the same force
and validity as if it were formally inserted in
the nroBpnf
Aiit. 5. The state of disquiet and fori
tation to which Franco, after 90 many vie
shucks, and more especially Mince the lascqi
tastrophe, notwithstanding tno paternal intend
tions of the, king, and tlie advantages assured by
the constitutional charter to all classes of her
subjects, must necessarily be subjected, requir
ing for the security of the neighboring states,
measures of, precaution and temporary guaran
ties, the occupation, for a certain time ,of the mi
litary positions along the frontiers of Prance, by
a corps of the allied troops, lias been Judged in
dispensable | under the express reservation that
suehoccupetioy shall In no wise tend to preju
dice the sovereignty of Ids most christian ma
jesty, nor the stale of possession, such as U is
recognized and confirmed by the present treaty,
lite number of those troops shall not exceed
110,000 men. The commander in chief of this
army to be appoi uteri by the allied powers. '11 10
corps of the army shall occupy the places of
C'omle, Valenciennes, llouchain, Chanibray, Lc
Qucsnoy, Maubeugc, Landrecy, Avrones, Ho
croy, Givet and Charlemont, Me/iercs, Hedan,
Monfmedi,Thlonville, Longwy, Bitche and the
tete tin pout of Fort Louis, France having to
furnish subsistence for the army destined to this
service, every thing that has relation thereto
will be regulated by a particular convention^?
This convention, which shall be of the same force
and validity as if it were verbally inserted in the
present Treaty) will, in like planner, iccul "
the relations of the army of occupation with 1
civil and military authorities of the country.
Tho virt.i'itHum of tho duration of such military
occupancy, is Axed at live years. It may ter<
minate before thst time, if at the expiration of
three years, tho allied sovereigns, in conrort
with Ins majesty the king of France, after having
mutually examined the situation, tne reciprocal
interests and the progress which the re-estab
I i aliment of civil oruer shall have made in France,
shall unite in acknowledging that the motives
which led them to the adoption of these mtasuros
have ceased to exist. Hut whatever may bo the
result of their deliberations all the places and
positions occupied by the allied troops, shall,
at the expiration of tlie term of five years, be
evacuated without any further delay, and re
stored to his moat christian majesty, his heirs
and successors.
An r. 0. The foreign troop, exclusive of those
which shall compose a part of the army of occu
pation, shall evacuate tlie French territory with
in tho period Axed by the flth article of the mili
tary convention annexed to the present treaty.
Anr. 7. In all countries where the sovereign
ty is transferred, either by virtue of the present
treaty, or of arrangements that are to be made
in consequence thereof, the inhabitant*, natives
as well a s strangers, of what condition and na
tion soever they may be, shall be allowed the
spnCT? of six years, to be computed from the
aht. u. Tho high contracting parties having
taken into consideration the different claims
arising from the non-execution of the 10th ir
ticlo of the treaty of May &0th. 1814, as well
aa the additional articles to aaiu tfeaty, signed
between tireat-Dritain and Franca t desiring to
render more efflacioua the disposition* contained
in the said articlca, ifcnd having for tlmt purpose
determined by two aeparate conventions the
measures to be executed by both powers for the
complete execution of tho aforementioned arti
cles, the two above mentioned conventions suoii
as annexed to the present treaty, shall Imve the
same force and validity as if the same herein in*
sorted verbatim.
Am . 10. All prisoners mado during hostili
ties, oh well o? all hostages that have ocen ci
vci? or detained, shall t>e restored with trie
shortest possible delay, together with all prison
ers made anterior to the treaty of the .10th of
May, 1814, and which have not yet been re*
stored.
Anr. 1 1. The treaty of Pari* of the 30th of
May, 1814, and the Inst act of the Congress of
Vienna of the 9th of June, 1815, are confirmed,
and Hhall be maintained in all their parts, which
have not been modified by the present treaty.
Anr. 12. The present treaty, with the con
ventions he-eunto annexed, shall be ratified in
a single act, and the ratifications thereof ex
changed within two months, or sooner if possi
^ In fuitli whereof, the respective plenipoten
tiaries have signed the same, and hereunto af
fixed the seal of their arms.
Done at Puris the 20th of November, 181 J.
HICIIKUKIJ,
(Hicntc<l) MKTTKItNICIf,
WKBHKNDKIU).
f Ily an additional article, the parties agree
to Join their efforts to efiVct a complete and uni
versal abolition of the slave trade ? and for that
purpose, by their ministers at the courts of Lon
don and Paris, to concert the most effectual
measure* for obtaining the object.]
[On the same day, In the same place, ami at
the same mement, the same Treaty, together
with the conventions and articles thereunto an
nexed. was signed between France and Great
ItriUihu France and Prussia, France and
gwtecw
lOH tti* bill i or carrying into effect the convention
I with G. Britain.
? Mh. Pihkwrv after laying Home handsome
compliments to the ability of (no gentlemen who
Had spoken in the preceifingnarU of lite debate,
and to the genius they had (linplaycd in it, said
; the observation* he had to make were few,
extremely simple, recommended by no iio*
veity, and familiar to lux thought* for years. ?
In discusiifig the question whether the bill ought
to nasi, it would bo necessary to consider not
only what that bill was, but what it was not. ?
It waft not a bill containing particular provisions
for giving effect to theatres ty ? it dealt not in
details, it had no provisional enactments, and
did neither more nor less than echo the treaty,
Of which it might be considered the union bro
ther. It followed, h e Aid, as. a necessary con
sequence, that if the bill ftftould pass into a taw,
its effects would be barely to confirm and jrlyr
a sanction to that treaty. The tyg^tlon ttyei
wss, was that sanction ? was that new conflrina
tion necessary P Without the least doubt or fcs
sitation, lie then would say it was not He ad
mitted that when a treaty dealt in general pro
visions, and produced no definite results, legis
lative co-operation miulit Ik? necessary, and in
tluit case it would be the duty of Congress to
coma In aid wherever aid wss wanting. Trea
ties he observed might be different in aspects
general or special? capable of executing them
selves, or requiring the assistance of (lie law
for their execution? but when, like this, they
carried within them the mesns of effecting the
purposes for which they wero formed, the inter
ference of the legislature was gratuitous and un
necessary. 4
The question was? then, had the president the
power to make this treaty ? With what preten
sions did the treaty come ? Why with all the
force of a contract? not with promises to re
commend to Congress, the adoption of its pro
visions, but in the perfect shape of a consum
mate contract binding upon the national honor
of America? a contract ratified by the president,
and according to the term* prescribed by the
constitution, confirmed by three fourths of the
senate? not only that, but by our executive: in
terchanged with tho other contracting party and
sent to tlio British government, not as a cove
nant that was imperfect and wanted more to be
done to it, but as a treaty, valid, binding and
complete. And what was the import of this
bill, hut to shake and to belie all that had hither
to been done .for it nssumcd as an hypothesis
that there was no treaty at all, that tho 'exchange
of ratifications was nremature, and that the in
tttrmnelit was promulgated as a treaty, before it
had obtained tho qualitiea of one? in a wOtyl.
that it was not in essential fact a treaty. On
what other hypothesis could the measure be
grounded ? If it was a treaty made according
to the proscribed form of .the constitution, it
must lie binding, and if binding ? and being so
what more tould it bo made, or why uttenipt it)
ami as it contained no details, the bill could on
ly ojH?rate as a sanction to tho treat) .
Mr. P. art*), if thU instrument'
treaty, toy what name would they Umi
If they held Uiiot to.be a treaty, d
grounds that those who formed itwetal
cd with ptiwer for tlio purivoue. then was
tempt t<rmak? it a most alarming encroaci
on the constitution, and those who took ui
them to make it, wcra usurper#. Hut, agnm*
tills, he would stand up on the broad > groUnd?
(?of the constitution, and firmly maintain, .that J
any treaty whatever Which was fit to be made,1
might, constitutionally, bo made by the preai* '
dent, and that when made by him, and ratified,
with the consent of tao-thirds of the senate,
nothing inorc was nccesSary to giro it perfect
validity and force, in the words of tho constitu
tion, it was the law of the land.
llut, gentlemen had said, that this was a com
mercinl treaty, and as such, they had called iu
question whether the* president possessed tho
power to make it To this, he would answer,
that the constitution imparted to the president
|Mi\ver to moke all treaties ? in the context of tho '
constitution, then; wo* no limitation to his pow
er in that respect, to bo found. He had thfl
power to make all that were At to be made, or to
make none. The power was universal and un
limited. From what provision uf the constitu
tion was the power of making a treaty ofpeuco
derived ? for then; wus no particular specifica
tion in it to that effect. Why, from the fune
ral power of making treaties i It must, there
fore, be taken for granted, that in the generul
power, the specific one for making peace was in
volved? ?n<1 if the general power involved that
j for making peace, why might it not involve that
! also for reiculatiner common P
Mr. P. tlien wfvortcil to, anil reasoned upon
(lie intentions of iho convention of great au?l
wise men who formed the constitution, and en
deavored to shew, tlir.t it must have been in their
view to include in the general power of treaty -
making a power to mnke a commercial treat v*
oh well an a treaty of peace. At the time t(ie
constitution wan framed, commercial conside
rations must from the circumstance of the coun
try, have been more likely to occur to them, ax
?necessury to be provided for with regard to the
future, than any thing connected with war ? a
plan for forming commercial treaties, therefore
would no doubt liave been suggested as soon,
and as necessarily, as ono for making trentic*
of pcuce. Commercial treaties too had bcon
for time immemorial, the usage of ovcry civjl
i/.ed nation. 'Hie convention could not liavo
neglected it* and where it was to be found In
Die constitution unless, like that for making
peace, involved in the general treaty -making
power. On the other hand if titer , did not in
tend that it ahoulil i? ?
.. , K?i>u(?wn mignt point it'out ;
or at least tliey might assign a reason why that
exception was not made. If the President and
Hen ate had not, under the treaty-making powpr,
authority to treat with foreign nations about
commercial afllirs, he desired to be informed
who had) in what branch was it deposited ? ?
there was but one part of the government ap
pointed to treat, and if not there where was the
power to be found? ? had the convention de
volved it upon Congress ? No ! but upon a branch
peculiarly appointed for making treaties. If this
were not the case, and the convention had not
placed the power in the president* it had reduced
the government to this singular dilemma* that
they never could make peace but by usurpation
? .they might negotiate* it waa.true, but if they
did more* it would be by encroachment and
usurpation. In effect tho construction of the
honorablo gentleman, would produce the movt.
extravagant anomaly imaginable in the consti
parti.tg to wi president the treaty -
wer, hut excepting from it the most,
of all treaties, commercial ones. ?
Commerce -according to tn'at- construction must
get on t>ir itself. In short, this would be tho
inevitable mult, tt^t though tho constitution
pointed out where tho treaty-making power
shoutd reside* it pointed out no power to treat
about commerce.
Mr. P. Mid that tho construction of (he con
stitution given yesterday by Mr. Calhoun was iu
substance correct, though lie (littered from liitn
in some of his opinions. Tho power to regulato
commerce, upon which gentlemen had laid audi
stress, as a prerogative belonging exclusively to
Congress $ had for its object a different depart
ment of regulations from those made by treaty :
the former was tho powor to legislate for tin!
ordinary domestic regulations of our trade? tho
other to negotiato with foreign powers with a
view to reciprocal benefits, and for tho extension
and melioration of tho commercial interests of
the country. What was the result ?? Congress
passed laws to regulate onr own exclusive com
merce, in tile exercise of its ordinary legislation.
The president and senate, under the treaty
making power, legislate by contract, with (?
reign nations; and lamentable, indeed would
be tho situation of the country if that power to
meliorates our intercottrfo with the commciciii)
nations of tho wprld mite wanting, tor in t o
other wav could it negotiate with them so eftVr
tually aslby this expedient of legislating in shape
of a compact. Tnftt the two powers were in
different hands, wn* no inconsistency, hut o?
the contrary a proof that tho convention hit i
taken a 1 1117c nnu liberal view of the situation
and tritere*u t)f the country when they nudti
the constitution.
Mr. I1. having endeavored to demonstrate that
in creating tho treatv-mnking power, no excep
tiou had been made to evcluuo from it commci
ciak treatiqn, took it iu tho other way and ctiden
vorod to shew that if such an exception had been
mad*1, It would have led to innumerable ovil*
nnddifficuliii'.ii, fqy it would hnvodemoiHtiVy-J
that iui aUfh ji'jw v existed any M,."r?*