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. EUSTIS said it was possible the bill under consideration might in its
details be objectionable, but in principle it was certainly sound. The
Government of the United States has a constitutional right to acquire
territory, and they have consequently a right to take possession of it
when acquired. The taking possession of it was not only the right, but
the duty of the Government. And how is this to be effected? Will any
gentleman venture to propose a delay until Congress shall have passed a
new code of laws? Are gentlemen, at this late day, to be informed that
this would be to throw away one of the most valuable acquisitions made by
our country since the adoption of the constitution, or the Declaration
of Independence? As the gentleman, last speaking, rightly observes, the
entire government of Spain ceases on our taking possession. Are we then
to abandon the people to anarchy?
As to the extent of the power vested in the Executive, it arises from
necessity. This is a new case altogether. There is no doubt that on
many particular subordinate points, respecting the secure possession of
this country, difficulties may present themselves. But Mr. E. presumed
and expected that the same wisdom that acquired it, would preside over
the councils of the nation to meet and overcome those difficulties. The
second section of the bill contemplates the transfer to officers of the
United States, of the same powers now exercised. It may be that the
exercise of all these powers will not be necessary; while it is possible
that others may be necessary. There may be difficulties of various
kinds. He should name none. But as they arise, it will be the duty of the
Government to be prepared to meet them. He would, therefore, wish this
act rather to increase than curtail them; and that the President should
be authorized not only to continue all necessary existing powers, but
to institute such other powers as may be necessary for the well-being
of the Territory. Till when? Until this House and the other branch of
the Legislature shall make the necessary laws. The powers delegated by
the bill are imposed by the imperious circumstances of the case. What if
forcible possession shall prove necessary, and the innocent inhabitants
should be slaughtered, through a want of the powers necessary to preserve
tranquillity and good order; whose will, under such circumstances, will
be the governing one? Will not the President, in such event, have all the
powers now given him?
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