Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
The Executive has laid before this House an instrument, which he tells
us has been duly ratified, conveying to the United States the country
known under the appellation of Louisiana. The first article affirms the
right of France, to the sovereignty of this territory, to be derived
under the Treaty of St. Ildefonso, which it quotes. The third article
makes provision for the future government, by the United States, of its
inhabitants; and the fourth provides the manner in which this territory
and these inhabitants are to be transferred by France to us. There
has been negotiated a convention, between us and the French Republic,
stating, in the most unequivocal terms, that there does exist on her part
a right to the country in question, which is supported by the strongest
possible evidence, and pledging herself to put us in possession of that
right, so soon as we shall have performed those stipulations, on our
part, in consideration of which France has conveyed to us her sovereignty
over this country and people. From the nature of our Government, these
stipulations can only be fulfilled by laws to the passing of which the
Legislature alone is competent. And when these laws are about to be
passed, endeavors are made to impede, or frustrate, the measure, by
setting on foot inquiries which mean nothing, or are unconnected with
the subject, and this is done by those who have always contended that
there was no discretion vested in this House by the constitution, as to
carrying treaties into effect. If, sir, gentlemen believe that we must
eventually do that which rests with us, towards effecting this object,
to what purpose is this inquiry? Mr. R. begged the House not to impute
to him any disposition to countenance this monstrous doctrine, whose
advocates now found it so difficult to practise. On the contrary, he
held in the highest veneration the principle established in the case of
the British Treaty, and the men by whom it was established, that, in all
matters requiring legislative aid, it was the right and duty of this
House to deliberate, and upon such deliberation, to afford, or refuse,
that aid, as in their judgments the public good might require. And he
held it to be equally the right of the House to demand such information
from the Executive, as to them appeared necessary to enable them to form
a sound conclusion on subjects submitted, by that department, to their
consideration. But those who then contended that this House possessed no
discretion on the subject, that they were bound implicitly to conform
to the stipulations, however odious and extravagant, into which the
treaty-making power might have plunged the nation--those who then said
that we cannot deliberate, are now instituting inquiries to serve as the
basis of deliberation--(for if we are not to deliberate upon the result,
why institute any inquiry at all?)--inquiries, which are in their very
nature deliberation itself. But whilst he arraigned the consistency of
other gentlemen, Mr.
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