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. GRISWOLD thought it extraordinary that the gentleman from Virginia
should call upon him to propose a plan for avoiding the difficulties
that would apparently result from the system proposed by the bill, when
it had only that day been laid upon their tables, and had been yesterday
refused to be referred to a select committee; and of consequence, no
time for reflection had been allowed. Under these circumstances, it was
indeed extraordinary that he should be expected to propose a plan. He
confessed he was unable to offer any. To do it would doubtless require
time and deliberation. It was sufficient for him that the bill infringed
the constitution. By the second section it is proposed to transfer to
the President of the United States all the powers, civil, military, and
judicial, exercised at present in that province. What are those powers?
No gentleman is able to inform me. It may be presumed that they are
legislative; the President, therefore, is to be made the legislator of
that country; that they are judicial, the President, therefore, is to be
made judge; that they are executive, and so far they constitutionally
devolve on the President. Hence, we are about making the President the
legislator, the judge, and the executive of this territory. I do not,
said Mr. G., understand that, according to the constitution, we have a
right to make him legislator, judge, and executive, in any territory
belonging to the United States. Though, therefore, on this occasion, I
feel no jealousy of the abuse of the powers conferred on the President,
yet I cannot agree to them, because I consider them repugnant to the
constitution.
The argument that the powers are necessary, though unconstitutional,
is no argument with me. If gentlemen can so explain the section, as to
show to the satisfaction of the committee that it is competent to this
House to transfer to the President all these powers, I shall have no
objection to the section; but until this is done, it is my duty to vote
for striking it out. And though it is impossible for me, at this moment,
to devise a plan for overcoming these difficulties, yet I trust, if time
be allowed, there will be found wisdom enough in the committee to devise
one. To the first section, authorizing the taking possession of the
country, so far as I can understand it, I can see no objection.
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