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
individuals, of many wise, able and excellent men, in various parts of
the Union, yet such is the public favor attending the transaction which
commenced by the negotiation of this treaty, and which I hope will
terminate in our full, undisturbed and undisputed possession of the ceded
territory, that I firmly believe if an amendment to the constitution,
amply sufficient for the accomplishment of every thing for which we have
contracted, shall be proposed, as I think it ought, it will be adopted
by the Legislature of every State in the Union. We can therefore fulfil
our part of the conventions, and this is all that France has a right to
require of us.
Mr. NICHOLAS.--Mr. President: The gentlemen on the other side differ
among themselves. The two gentlemen from Delaware say, that if peaceable
possession is given of Louisiana this bill ought to pass; the other
gentlemen who have spoken in opposition to it have declared, that if they
believed the constitution was not violated by the treaty, they should
think themselves bound to vote for the bill. To this Senate it cannot
be necessary to answer arguments denying the power of the Government to
make such a treaty; it has already been affirmed, so far as we could
affirm it, by two-thirds of this body; it is then only now necessary to
show that we ought to pass the bill at this time. In addition to the
reasons which have been so ably and forcibly urged by my friends, I will
remark, that the treaty-making power of this Government is so limited,
that engagements to pay money cannot be carried into effect without the
consent and co-operation of Congress. This was solemnly decided, after a
long discussion of several weeks, by the House of Representatives, which
made the appropriations for carrying the British treaty into effect,
and such I believe is the understanding of nine-tenths of the American
people, as to the construction of their constitution. This decision
must be also known to foreigners, and if not, they are bound to know
the extent of the powers of the Government with which they treat. If
this bill should be rejected, I ask gentlemen whether they believe, that
France would or ought to execute the treaty on her part? It is known to
the French Government that the President and Senate cannot create stock,
nor provide for the payment of either principal or interest of stock; and
if that Government should be informed that a bill, authorizing the issue
of stock to pay for the purchase, “after possession shall be delivered,”
had been rejected by the only department of our Government competent to
the execution of that part of the treaty, they would have strong ground
to suspect that we did not mean to execute the treaty on our part;
particularly when they are informed, that the arguments most pressed in
opposition to the bill were grounded upon a belief that the Government of
the United States had not a constitutional power to execute the treaty.
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