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. NICHOLSON was opposed to striking out the second section, as he did
not perceive the evils contemplated by the gentleman from Connecticut.
The question is, whether we shall take immediate possession of this
country, or wait till this body shall have time to form such a government
as shall be hereafter likely to render the people happy, under laws
according to the provisions of the constitution? I think, said Mr. N.,
it will be injudicious to delay taking the possession, until such a
government shall be formed. The only question then that can be started
is, whether the second section of this bill violates the constitution. On
this point I differ entirely from the gentleman from Connecticut. I do
not see in it any violation of the constitution. The gentleman supposes
that by adopting the provisions of the second section we shall vest all
the civil, military, and judicial powers of the existing Government of
Louisiana in the President. But it clearly is not so. We vest in him the
appointment of the persons who shall exercise these powers, but we do
not delegate to him the exercise of the powers themselves. Is there any
difference between this, and the provisions of the ordinance of 1787,
which relates to territorial governments? By that ordinance, and I have
never heard its constitutionality questioned, all the civil, military,
and judicial powers are vested in such persons as the President may
appoint.
Mr. MITCHILL expressed his wish that the section of the bill might stand.
To strike it out would be to make void all the proceedings respecting the
province of Louisiana, on which Congress had been engaged with so much
care and diligence. We had purchased the country, and made arrangements
to pay for it; and now, with the consent of France, possession is to be
taken; when behold! an objection is made to that part of the intended
statute which confers on the President the power to occupy and hold it
peaceably for the nation.
But, let it be examined fairly what Congress are meditating to do. The
third section of the fourth article of the constitution contemplates
that _territory_ and other _property_ may belong to the United States.
By a treaty with France the nation has lately acquired title to a new
_territory_, with various kinds of public _property_ on it or annexed to
it. By the same section of the constitution, Congress is clothed with
the power to dispose of such _territory_ and _property_, and to make all
needful rules and regulations respecting it. This is as fair an exercise
of constitutional authority as that by which we assemble and hold our
seats in this House. To the title thus obtained, we wish now to add
the possession; and it is proposed that for this important purpose the
President shall be duly empowered. There is no person in the nation to
whom this can be so properly confided as to the President.
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