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. J. RANDOLPH said he was apprised that the bill was of such a nature
as seemed to delegate to the President of the United States a power, the
exercise of which was intended to have but a short duration; he was also
aware, that some such power was necessary to be vested in the Executive,
to enable him to take possession of the country ceded by France. But he
could conceive no cause for giving a latitude, as to time, so extensive
as that allowed by the second section, which says, that “until Congress
shall have made provision for the temporary government of the said
territories, all the military, civil, and judicial powers, exercised by
the officers of the existing government of the same, shall be vested
in such person or persons, and shall be exercised in such manner, as
the President of the United States shall direct.” If we give this power
out of our hands, it may be irrevocable until Congress shall have made
legislative provision; that is, a single branch of the Government, the
Executive branch, with a small minority of either House, may prevent
its resumption. He did not believe that, under any circumstances, it
was proper to delegate to the Executive a power so extensive; but if
proper under certain circumstances, he was sure it was improper under
present circumstances. As he conceived it proper to deal out power to
the Executive with as sparing a hand as was consistent with the public
good, he should move an amendment to substitute in the place of the words
“Congress shall have made provision for the temporary government of the
said territories”--these words, “the expiration of the present session
of Congress, unless provision for the temporary government of the said
territories be sooner made by Congress.” So that if Congress shall
make provision for the government of the territory at any time during
the session, the power of the President will cease, and at any rate
at the expiration of the session. In other words, this amendment will
compel Congress to take early measures for reducing this enormous power,
delegated to the Executive, by the establishment of a government for the
people of Louisiana.
Mr. R. GRISWOLD moved to strike out the whole of the second section,
which would supersede the motion of the gentleman from Virginia. He made
this motion to obtain an explanation respecting the nature and extent
of the delegated power. That section provides “that until Congress
shall have made provision for the temporary government of the said
territories, all the military, civil, and judicial powers, exercised by
the officers of the existing government of the same, shall be vested in
such manner, as the President of the United States shall direct.” I wish
to know, said Mr. Griswold, whether any gentleman can inform me what the
military, civil, and judicial powers, exercised by the officers of the
existing province are; for we are about to confirm them, and direct their
execution by the authorities of the United States.
Public-domain text, read in full here on John Shaqi.
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