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
We have now an opening for a free trade to New Orleans and Louisiana,
which we never had before, and I hope we shall embrace it. Let us ratify
the treaties, with all their provisions, and we shall see that in less
than three years we have gained the greatest advantages in our commerce.
I wish we may immediately proceed to adopt the resolution before the
committee.
Mr. MITCHILL rose and said, he entreated the indulgence of the committee
for rising at so late a stage of the debate, when seven hours have
already been employed in the sitting of the day. And the reason of his
request was, that such extraordinary doctrines have been advanced against
carrying into effect the treaty with France which cedes Louisiana to our
nation, and such repeated allusions have been made to the sentiments
which he submitted to the House during the debate of yesterday, that he
felt himself called upon to attempt a reply, and therein to show that the
grounds taken by the gentlemen of the opposition are neither strong nor
tenable. Although the subject is ample and copious, he should endeavor to
condense his remarks, to so moderate a compass, as not to trespass long
upon the patience of the committee.
My colleague, said Mr. M., who opened the debate this morning, (Mr. G.
GRISWOLD,) displayed in his speech the objections raised against the
resolution on the table, so fully, that he almost exhausted the subject.
For, in listening attentively to the reasoning of the gentleman from
Virginia, who followed him, (Mr. J. LEWIS,) and of the other gentleman
from Virginia, who spoke next, (Mr. GRIFFIN,) he could not discern that
any new or additional matter of much consequence had been urged. Nor did
he discover much more than a repetition in substance of his colleague’s
reasoning, in what had been urged by the gentleman from Mass., (Mr.
THATCHER,) and the gentleman from Connecticut (Mr. GRISWOLD;) though
the statement of their objections had received a form and coloring
diversified according to the skill and ingenuity of each.
The gentlemen, Mr. Chairman, who resist the provisions necessary to the
completion of this treaty, do so because they say it has been ratified
by the President and Senate in open violation of the constitution of
the United States, and is, therefore, no treaty, but a nullity, an
instrument void _ab initio_, not a part of the supreme law of the land,
and consequently not binding upon Congress or the nation. They draw this
bold and extraordinary conclusion from the style and meaning of the
3d and 7th articles of the treaty. The former of these, they say, is
unconstitutional, because it proposes to annex a new territory, with its
inhabitants, to our present dominion; the latter, because it abolishes
for a term of years the discriminating duties of tonnage and impost
within the ceded territory, giving a preference there to France and
Spain, and leaving those duties unaltered in all the ports of the Union.
Public-domain text, read in full here on John Shaqi.
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