History of the United States of America, Volume 2 (of 9) : $b During the first administration of Thomas Jefferson — John Shaqi
History of the United States of America, Volume 2 (of 9) : $b During the first administration of Thomas JeffersonAdams, Henry
History
History of the United States of America, Volume 2 (of 9) : $b During the first administration of Thomas Jefferson
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
Breckenridge’s Bill, which was probably drawn by Madison in
co-operation with the President, created a territorial government in
which the people of Louisiana were to have no share. The governor and
secretary were to be appointed by the President for three years; the
legislative council consisted of thirteen members to be appointed by
the President without consulting the Senate, and was to be convened
and prorogued by the governor as he might think proper. The judicial
officers, also appointed by the President, were to hold office for
four years, instead of the usual term of good behavior. The right to
a jury trial was restricted to cases where the matter in controversy
exceeded twenty dollars, and to capital cases in criminal prosecutions.
The slave-trade was restricted by threefold prohibitions: 1. No slave
could be imported from abroad; 2. No slave could be brought into the
territory from the Union who had been imported from abroad since
May 1, 1798; 3. No slave could be introduced into the territory,
“directly or indirectly,” except by an American citizen “removing into
said territory for actual settlement, and being, at the time of such
removal, _bona fide_ owner of such slave,”--the penalty being
three hundred dollars fine and the slave’s freedom.
This Bill seemed to set the new Territory apart, as a peculiar
estate, to be governed by a power implied in the right to acquire
it. The debate which followed its introduction into the Senate was
not reported, but the Journal mentioned that Senator Adams, Jan. 10,
1804, moved three Resolutions, to the effect that no constitutional
power existed to tax the people of Louisiana without their consent,
and carried but three voices with him in support of the principle.[84]
Other attempts were made to arrest the exercise of arbitrary power
without better success, and the Bill passed the Senate, Feb. 18, 1804,
after six weeks consideration, by a vote of twenty to five.
Public-domain text, read in full here on John Shaqi.
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