Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16) — John Shaqi
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 gentleman from Delaware admits the necessity of making the provision
for carrying into execution, on our part, the treaty which has been duly
ratified by the Senate, _provided_ we can obtain complete and undoubted
possession of the territory ceded us by France, in that treaty. But
he observes, that the term possession is indefinite; that it may mean
nothing more than the delivery of a twig, or of the knob of a door. That,
from sources of the authenticity of which we have no reason to doubt,
we are informed that Spain is very far from acquiescing in the cession
of this territory to us; that probably the Spanish officers will not
deliver peaceable possession; and that we ought not to put out of our
own hands the power of withholding the payment of this money, until it
shall be ascertained, beyond all question, that the territory, for which
it is the consideration, is in our hands. But, sir, admitting that the
word possession were of itself not sufficiently precise, I think, with
the gentleman last up, that the fourth and fifth articles of the treaty,
read by him, render it so in this instance. The fourth, stipulating
that the French commissary shall do _every act necessary_ to receive
the country from the Spanish officers, and transmit it to the agent
of the United States--and the fifth, providing, not only that all the
_military posts_ shall be delivered to us, and that the troops, whether
of France or Spain, shall cease to occupy them, but that those troops
shall all be embarked within three months after the ratification of the
treaty. Now, when the country has been formally surrendered to us, when
all the military posts are in our hands, and when all the troops, French
or Spanish, have been embarked, what possible adverse possession can
there be to contend against ours? Until all these conditions shall have
been fulfilled on the part of France, neither the convention nor the
bill before us requires the payment of money on ours; and we may safely
trust the execution of the law to the discretion of the President of the
United States. For, even if I could see any reason for distrusting him
in the exercise of such a power, under different circumstances, which I
certainly do not, still, in the present case, his own interest, and the
weight of responsibility resting upon him, are ample security to us,
against any undue precipitation on his part, in the payment of the money.
On the other hand, I am extremely solicitous that every tittle of the
engagements on our part in these conventions should be performed with the
most scrupulous good faith, and I see no purpose of utility that can be
answered by postponing the determination on the passage of this bill.
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