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
It is probable that some of them may be inconsistent with the
Constitution of the United States. We have certain restrictions on powers
exercised under it. For instance, that the _habeas corpus_ shall not
be suspended in cases of invasion or rebellion, and a variety of other
restraints. It is for this reason that I think we ought to have some
knowledge of the powers exercised in Louisiana, before we confirm them in
the lump; and in order to obtain this information, I move to strike out
the section.
Mr. ELLIOT rose to second the motion of the gentleman from Connecticut,
and to express his coincidence in the sentiments of that gentleman on
this subject. He would never consent to delegate, for a single moment,
such extensive powers to the President, even over a Territory. Such a
delegation of power was unconstitutional. If such a provision as that
contemplated by the section were necessary, it became Congress itself to
enter upon the task of legislation.
Mr. J. RANDOLPH had hoped that some other member would have given the
gentleman from Connecticut the satisfaction he asked in relation to the
provisions of the section proposed to be stricken out. No one having
risen, he would do it himself as well as he was able. That gentleman
asks whether we know the civil, military, and judicial powers that
subsist in Louisiana; and contends that it is necessary we should know
them before they are transferred to the Executive of the United States.
If the section were to stand as it now does, Mr. R. said he would be
as unwilling as the gentleman from Connecticut to agree to it. But,
with the proposed limitation, he saw no substantial objection to it. He
was one of those who did not know with precision what the subsisting
civil, military, and judicial powers exercised in Louisiana were; and
yet he saw not the difficulty which the gentleman had stated, as to the
temporary transfer of the powers to the Executive with the limitation
proposed--and wherefore? Because, in the nature of things, it was almost
impossible to take possession of the country without the exercise of such
powers at some point of time, and if they should be exercised but for a
single moment, such exercise would be as hostile to the principles of the
gentleman as the exercise of them for a whole year.
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