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
When at New Orleans in July last, I obtained from the best source a
translated copy of that royal order, and can aver that it absolutely
directs possession to be given without reservation or condition. It is
not, and cannot be, denied that the lately ratified treaty of Paris
transfers to us completely all the title acquired by France in virtue of
the first treaty and order alluded to. We have, then, most incontestably,
the right of possession, and our object now is, by passing the bill
before us to obtain the possession itself, which we can certainly never
effect, consistently with good faith, if the reasonings and objections
of my honorable friends from Delaware and Massachusetts should prevail.
We are asked by the same gentlemen what will be the consequence if it
shall appear that the royal order has been revoked? I answer, first, that
it is not in the least degree probable, for neither of them pretend to
have heard of such revocation, nor is it intimated in the confidential
communications before the Senate. But admitting for argument’s sake that
it were revoked, of what avail could it be against a third party, who
had in the mean time become a _bona fide_ purchaser? Shall one nation
give to another a written, formal evidence of transfer of territory, and
revoke it at pleasure, especially after a third shall have been tempted
and induced by that very evidence of title to contract for the purchase
of it? Would an act so fraudulent be countenanced between individuals in
a court of equity? Could it be justified between nations in a high court
of honor? The honorable gentleman from Delaware has taken a more delicate
ground of objection. He has insinuated that there exists in the knowledge
of the Senate, the evidence of a serious opposition to our possessing
that country, which, if known to the other branch of the Legislature,
would probably have defeated this bill in its progress there. Allusions
artfully made in this manner to documents communicated under the
injunction of secrecy, place us in an embarrassing situation. Forbidden
by our rules to expose the papers referred to, even in argument, we
can only declare what impressions they have made upon ourselves. Every
Senator must understand him, every one must have heard and read, and
weighed deliberately the contents of those documents, and, for myself, I
am free to avow my belief, that, if known to every member of the other
House, they would have had no effect against this bill, but would rather
have quickened and ensured its progress, for such is the influence they
have upon me.
Mr. TAYLOR.--There have been, Mr. President, two objections made against
the treaty; one that the United States cannot constitutionally acquire
territory; the other, that the treaty stipulates for the admission of a
new State into the Union; a stipulation which the treaty-making power
is unable to comply with. To these objections I shall endeavor to give
answers not heretofore urged.
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