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
The bill, entitled “An act authorizing the creation of a stock to the
amount of eleven millions two hundred and fifty thousand dollars, for
the purpose of carrying into effect the Convention of the 30th of April,
1803, between the United States of America and the French Republic,
and making provision for the payment of the same,” was read the third
time; and, having been amended, on the question, Shall this bill pass as
amended?
Mr. WELLS said: Mr. President, having always held to the opinion that,
when a treaty was duly made under the constituted authorities of the
United States, Congress was bound to pass the laws necessary to carry it
into effect; and as the vote which I am about to give may not at first
seem to conform itself to this opinion, I feel an obligation imposed upon
me to state, in as concise a manner as I can, the reasons why I withhold
my assent from the passage of this bill.
There are two acts necessary to be performed to carry the present
treaty into effect--one by the French Government, the other by our own.
They are to deliver us a fair and effectual possession of the ceded
territory; and then, and not till then, are we to pay the purchase
money. We have already authorized the President to receive possession.
This co-operation on our part was requisite to enable the French to
comply with the stipulation they had made; they could not deliver unless
somebody was appointed to receive. In this view of the subject, the
question which presents itself to my mind is, who shall judge whether the
French Government does, or does not, faithfully comply with the previous
condition? The bill on your table gives to the President this power. I am
for our retaining and exercising it ourselves. I may be asked, why not
delegate this power to the President? Sir, I answer by inquiring why we
should delegate it? To us it properly belongs; and, unless some advantage
will be derived to the United States, it shall not be transferred with
my consent. Congress will be in session at the time that the delivery
of the ceded territory takes place; and if we should then be satisfied
that the French have executed with fidelity that part of the treaty
which is incumbent upon them first to perform, I pledge myself to vote
for the payment of the purchase money. This appears to me, arguing upon
general principles, to be the course which ought to be pursued, even
supposing there were attending this case no particular difficulties.
But in this special case are there not among the archives of the Senate
sufficient documents, and which have been withheld from the House of
Representatives, to justify an apprehension that the French Government
was not invested with the capacity to convey this property to us, and
that we shall not receive that kind of possession which is stipulated for
by the treaty? I am not permitted, by the order of this body, to make
any other than this general reference to those documents. Suffice it to
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