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
Mr. THATCHER was sorry to be obliged, at this late hour, to state his
reasons for voting against the resolution; but he should not discharge
his duty to his constituents, were he to refrain from expressing his
ideas. These reasons he should state as briefly as possible. This
resolution is general, and contemplates two objects; it calls for the
occupation and government of Louisiana, and for an appropriation of
fifteen millions of dollars. He had hoped that, on a question of such
national importance, they would have been allowed the papers necessary
for its elucidation. But gentlemen have denied us this privilege. As the
question, whether the treaty should be carried into effect, is a great
constitutional question, I shall, in my remarks, confine myself to the
constitutional objections against the treaty. Two objections have been
made arising from the 3d and 7th articles of the treaty.
The third provides that “the inhabitants of the ceded territory shall be
incorporated in the union of the United States, and admitted as soon as
possible, according to the principles of the federal constitution, to
the enjoyment of all the rights, advantages, and immunities 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.”
I conceive, said Mr. T., that the only sound doctrine is, not that which
has been stated by the gentleman from Kentucky, (Mr. SANFORD,) that
whatever power is not prohibited by the constitution is agreeable to it,
but that such powers as are not given are still held by the States or the
people. No arguments have been addressed to prove that the constitution
delegates such a power. The gentleman from Vermont, (Mr. ELLIOT,) who has
gratified us with so long and flowery a speech, and who has ransacked
Vattel, and various other eminent authors on the laws of nations, has
proved that where the United States have a right to make a treaty, a
treaty may be made. But these authorities do not apply unless he prove
that the constitution gives the powers exercised in the present instance.
The confederation under which we now live is a partnership of States, and
it is not competent to it to admit a new partner but with the consent
of all the partners. If such power exist, it does not reside in the
President and Senate. The constitution says new States may be admitted by
Congress. If this article of the constitution authorizes the exercise of
power under the treaty, it must reside with the Legislature, and not with
the President and Senate.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account