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
I ask, said Mr. R., whether if the country should be taken possession
of on the principles advocated by the gentleman on a former day, these
powers would not all have attached to the Executive? Suppose, instead
of assuming the civil government of the territory, it had been taken
possession of by storm, by an army of 40 or 50,000 soldiers--will the
gentleman contend, that under such circumstances, the privilege of the
_habeas corpus_ or trial by jury would have been invaded? Undoubtedly
not. If the gentleman will advert with precision to the first section, he
will perceive that it is contemplated to take possession in such a manner
as will give the United States security in that possession. For though
we might not doubt the disposition of the Government of France to give
us a secure possession, or apprehend difficulty from any other quarter,
yet it would be recollected that there were citizens or subjects in the
territory requiring some government. It was not impossible that on taking
possession there may be some turbulent spirits, who, having at heart the
advancement of personal schemes, may be disposed to resist. It would be
unwise then in Congress to delay making the requisite provision, until
necessity claimed it, and until, perhaps, after Congress had adjourned.
Gentlemen will see the absolute necessity of the path chalked out by
the Senate. They will see the necessity of the United States taking
possession of the country in the capacity of sovereigns, in the same
extent as that of the existing government of the province. After having
taken possession, and being in the secure enjoyment of the country, it
will be extremely proper to guard against any apprehended Executive
invasion of right. This step will then be politic, and it will be
observed that the section as amended enjoins this duty upon Congress. If,
however, the gentleman from Connecticut will show us any way in which
the country may be taken possession of, with security, and by which the
people may enjoy all the rights and franchises of citizens of the United
States immediately, I shall be happy to give it the sanction of my vote.
But to my mind this appears impossible.
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