History of the United States of America, Volume 5 (of 9) : $b During the first administration of James MadisonAdams, Henry
History
History of the United States of America, Volume 5 (of 9) : $b During the first administration of James Madison
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
Congress found more satisfaction in Gallatin’s Annual Report, sent to
Congress a week afterward, than they could draw from Madison’s Message,
for Gallatin told them that he had succeeded in bringing the current
expenses within the annual income; and only in case they should decide
to prohibit the importation of British goods after Feb. 2, 1811, should
he need further legislation both to make good the revenue and to
enforce the prohibition.
Congress lost no time. West Florida called first for attention; and
Senator Giles, December 18, reported a bill extending the territory
of Orleans to the river Perdido, in accordance with the President’s
measures. In the debate which followed, Federalist senators attacked
the President for exceeding the law and violating the Constitution.
Their argument was founded on the facts already told, and required
nothing more to support it; but the defence had greater interest, for
no one could foretell with certainty by what expedient senators would
cover an Executive act which, like the purchase of Louisiana itself,
had best be accepted in silence as plainly beyond the Constitution.
Henry Clay acted as the President’s champion, and explained on his
behalf that the Act of Oct. 31, 1803, authorizing the President to
occupy the ceded territory of Louisiana, was still in force, although
regular possession to the Iberville had been taken, Dec. 20, 1803, in
pursuance of that Act, without further demand on the part of the United
States, and although the Act of March 20, 1804, providing for the
temporary government of the territory, declared that “the Act passed
the 31st day of October ... shall continue in force until the 1st day
of October, 1804.” In face of this double difficulty,--the exhaustion
of the power and its express limitation,--Clay asserted that the power
had not been exhausted, and that the limitation, though apparently
general, was intended only for the provisional government established
by another portion of the Act of 1803. He produced in his support the
Act of Feb. 24, 1804, empowering the President, to erect West Florida
into a collection district whenever he deemed it expedient. “These
laws,” continued Clay, “furnish a legislative construction of the
treaty correspondent with that given by the Executive, and they vest in
this branch of the government indisputably a power to take possession
of the country whenever it might be proper in his discretion.”
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account