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
say that they have strongly impressed me with an opinion that, even if
possession is rendered to us, the territory will come into our hands
without any title to justify our holding it.
Mr. JACKSON.--Mr. President: The honorable gentleman (Mr. WELLS) has
said that the French have no title, and, having no title herself, we can
derive none from her. Is not, I ask, the King of Spain’s proclamation,
declaring the cession of Louisiana to France, and his orders to his
Governor and officers to deliver it to France, a title? Do nations
give any other? I believe the honorable gentleman can find no solitary
instance of feofment or conveyance between States. The treaty of St.
Ildefonso was the groundwork of the cession, and whatever might have been
the terms to be performed by France, the King of Spain’s proclamation
and orders have declared to all the world that they were complied with.
The honorable gentleman, however, insists that there is no consideration
expressed in the treaty, and therefore it must be void; if the honorable
gentleman will but look attentively at the ninth article, I am persuaded
he will perceive one: the conventions are made part of the treaty; they
are declared to have execution in the same manner, as if they had been
inserted in the treaty; they are to be ratified in the same form, and
at the same time, so that the one shall not be distinct from the other.
What inference can possibly be drawn, but that the payments to be made by
them were full consideration for Louisiana? But the honorable gentleman
lays stress on that part of the treaty which declares that “the First
Consul of the French Republic, desiring to give to the United States a
strong proof of his friendship, doth hereby cede to the United States
the territory,” &c.; inferring from thence that our title rests on the
friendship of Buonaparte alone. Sir, let my opinion of the present
Government of France be what it may, and I confess it is not very
favorable, Buonaparte, by the consent of the nation, is placed at its
head; he is the organ through which the will of the nation is expressed,
and is and must be respected as such by all other Powers. No nation has
a right to interfere with the rule or police of another. It is enough
that the nation wills it, and Buonaparte’s act is the act of the whole
nation, which cannot recall it, even if Buonaparte should cease to govern
and another form of government be adopted. Last session we were impressed
with the necessity of taking immediate possession of the island of New
Orleans in the face of two nations, and now we entertain doubts if we can
combat the weakest of those Powers; and we are further told we are going
to sacrifice the immense sum of fifteen millions of dollars, and have to
go to war with Spain for the country afterwards; when, last session, war
was to take place at all events, and no costs were equal to the object.
Gentlemen seem to be displeased, because we have procured it peaceably,
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