Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
This will appear from
the 12th section of this bill, which merely borrows this provision
from pre-existing laws. It introduces no new principle whatever. This
doctrine is carried still further, by an act passed the 3d of March,
1807, in the eighth volume of the laws, page 318:
"An Act to prevent settlements being made on lands ceded to the
United States, until authorized by law.
"And it shall moreover be lawful for the President of the
United States to direct the Marshal, or officer acting as
Marshal, in the manner hereinafter directed, and also to
take such other measures, and to employ such military force
as he may judge necessary and proper, to remove from lands
ceded, or secured to the United States by treaty, or cession
as aforesaid, any person or persons who shall hereafter take
possession of the same, or make or attempt to make a settlement
thereon, until authorized by law."
Here the President is authorized to use the military force to remove
settlers from the public lands without the intervention of courts; and
the reason is, that the peculiarity of the case is not suited to the
jurisdiction of courts, nor would their powers be competent to the
object, nor, indeed, are courts allowed to interfere with any claims
of individuals against the United States, but Congress undertakes
to decide upon all such cases finally and peremptorily, without the
intervention of courts.
This part of the bill is, therefore, supported both by principle and
precedent.
While speaking of the distrust of courts, I hope I may be indulged in
remarking, that individually my respect for judicial proceedings is
materially impaired. I find, sir, that latterly, in some instances,
the callous insensibility to extrinsic objects, which, in times past,
was thought the most honorable trait in the character of an upright
judge, is now, by some courts, entirely disrespected. It seems, by some
judges, to be no longer thought an ornament to the judicial character,
but is now substituted by the most capricious sensibilities.
WEDNESDAY, December 21.
_Enforcement of the Embargo._
Mr. POPE spoke in favor of the bill.
And on the question, Shall this bill pass? it was determined in the
affirmative--yeas 20, nays 7, as follows:
YEAS.--Messrs. Anderson, Condit, Crawford, Franklin, Gaillard,
Giles, Gregg, Kitchel, Milledge, Mitchill, Moore, Pope,
Robinson, Smith of Maryland, Smith of New York, Smith of
Tennessee, Sumter, Thruston, Tiffin, and Turner.
NAYS.--Messrs. Gilman, Goodrich, Hillhouse, Lloyd, Mathewson,
Pickering, and White.
WEDNESDAY, December 28.
The VICE PRESIDENT being absent by reason of the ill state of his
health, the Senate proceeded to the election of a President _pro
tempore_, as the constitution provides; and STEPHEN R. BRADLEY was
appointed.
FRIDAY, January 6, 1809.
Public-domain text, read in full here on John Shaqi.
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