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
“And whereas, in pursuance of the treaty, and particularly of
the third article, the French Republic has an incontestable
title to the domain and to the possession of the said
territory; the First Consul of the French Republic, desiring
to give to the United States a strong proof of his friendship,
doth hereby cede to the said United States, in the name of the
French Republic, for ever and in full sovereignty, the said
territory, with all its rights and appurtenances, as fully and
in the same manner as they have been acquired by the French
Republic in virtue of the above-mentioned treaty, concluded
with his Catholic Majesty.”
Mr. GODDARD asked whether the conclusion followed that France had an
incontestable title to Louisiana? There was no such evidence. If in
virtue of this treaty we purchase a promise on the part of His Catholic
Majesty to cede, and not an incontestable title, he would ask if the
promise constituted a title? France only says, we cede all our title.
This, and this only, is the language of the instrument. If this is
the case, is it not proper to inquire whether there are other acts
by which Spain has ceded Louisiana to France? Such acts may exist.
Certain stipulations were made by France to Spain, on which the cession
depended. Do we not then wish to know whether these stipulations have
been fulfilled and whether they are binding, or whether Spain has waived
them? Are there in existence any documents to that effect? It has been
hinted that such documents exist in the newspapers; but are we, in an
affair of this magnitude, to be referred to the dictum of a newspaper? He
apprehended that this was a novel mode of legislation.
Mr. RANDOLPH said, if the gentleman from Connecticut would confine his
motion to the Treaty of St. Ildefonso, he should be ready to acquiesce in
it, though he did not believe that instrument would throw any new light
on the subject.
Mr. GREGG said his wish was that the resolution should be divided, and
that the Treaty of St. Ildefonso only should be requested. It had been
conceded that it might be of some use in ascertaining the limits of
the cession. To the other members of the resolution he was opposed. He
therefore moved a division of the question.
Mr. GRISWOLD remarked that it would be more orderly to move the striking
out of the last paragraph.
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