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Title: Abridgement of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
Editor: Thomas Hart Benton
Release Date: March 12, 2017 [EBook #54345]
Language: English
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ABRIDGMENT
OF THE
DEBATES OF CONGRESS,
FROM 1789 TO 1856.
FROM GALES AND SEATON’S ANNALS OF CONGRESS; FROM THEIR
REGISTER OF DEBATES; AND FROM THE OFFICIAL
REPORTED DEBATES, BY JOHN C. RIVES.
BY
THE AUTHOR OF THE THIRTY YEARS’ VIEW.
VOL. III.
NEW YORK
D. APPLETON & COMPANY, 443 & 445 BROADWAY.
1861
Entered according to Act of Congress, in the year 1856, by
D. APPLETON AND COMPANY,
in the Clerk’s Office of the District Court for the Southern District of New York.
[1]
[2]
EIGHTH CONGRESS.—FIRST SESSION.
BEGUN AT THE CITY OF WASHINGTON, OCTOBER 17, 1803.
PRESIDENT OF THE UNITED STATES,—THOMAS JEFFERSON.
PROCEEDINGS IN THE SENATE.
LIST OF MEMBERS OF THE SENATE.
New Hampshire.—Simeon Olcott, William Plumer.
Vermont.—S. R. Bradley, Israel Smith.
Massachusetts.—Jonathan Mason, Timothy Pickering.
Rhode Island.—Christopher Ellery, Samuel I. Potter.
Connecticut.—James Hillhouse, Uriah Tracy.
New York.—De Witt Clinton, Theodorus Bailey.
New Jersey.—Jonathan Dayton, John Condit.
Pennsylvania.—George Logan, Samuel Maclay.
Delaware.—William H. Wells, Samuel White.
Maryland.—Robert Wright, Samuel Smith.
Virginia.—Wilson C. Nicholas, John Taylor.
North Carolina.—Jesse Franklin, David Stone.
South Carolina.—Pierce Butler, Thomas Sumter.
Georgia.—A. Baldwin, James Jackson.
Tennessee.—William Cocke, Joseph Anderson.
Kentucky.—John Breckenridge, John Browne.
Ohio.—Thomas Worthington, John Smith.
Monday, October 17, 1803.
The first session of the eighth Congress, conformably to the Constitution of the United States, commenced at the city
of Washington, agreeably to the Proclamation of the President of the United States for that purpose; and the Senate
assembled on this day.
PRESENT:
Simeon Olcott and William Plumer, from New Hampshire;
Timothy Pickering, from Massachusetts;
James Hillhouse and Uriah Tracy, from Connecticut;
Christopher Ellery and Samuel I. Potter, from Rhode Island;
Stephen R. Bradley and Israel Smith, from Vermont;
De Witt Clinton and Theodorus Bailey, from New York;
Jonathan Dayton and John Condit, from New Jersey;
George Logan and Samuel Maclay, from Pennsylvania;
William Hill Wells and Samuel White, from Delaware;
Robert Wright and Samuel Smith, from Maryland;
John Taylor and Wilson Carey Nicholas, from Virginia;
John Brown and John Breckenridge, from Kentucky;
Jesse Franklin and David Stone, from North Carolina;
Joseph Anderson and William Cocke, from Tennessee;
Abraham Baldwin, from Georgia; and
Thomas Worthington, from Ohio.
[3]
The Vice President being absent, the Senate proceeded to the election of a President, pro tem., as the constitution
provides, and the ballots being collected and counted, the whole number was found to be twenty-nine, of which fifteen
make a majority. Mr. Brown had 24, Mr. Baldwin 2, Mr. Dayton 2, and Mr. Pickering 1.
Consequently, the Honorable John Brown was elected President of the Senate, pro tempore.
The credentials of the following Senators were severally read, to wit:
Of Joseph Anderson, appointed a Senator by the Legislature of the State of Tennessee; of Theodorus Bailey,
appointed a Senator by the Legislature of the State of New York; of James Hillhouse, appointed a Senator by the
Legislature of the State of Connecticut; of Samuel Maclay, appointed a Senator by the Legislature of the State of
Pennsylvania; of Samuel I. Potter, appointed a Senator by the Legislature of the State of Rhode Island; of Israel Smith,
appointed a Senator by the Legislature of the State of Vermont; of Samuel White, appointed a Senator by the
Legislature of the State of Delaware; for the term of six years from and after the third day of March last, respectively:
also, of Thomas Worthington, appointed a Senator by the Legislature of the State of Ohio; of John Condit, appointed a
Senator by the Executive of the State of New Jersey; of John Taylor, appointed a Senator by the Executive of the State
of Virginia, in place of S. T. Mason, deceased; of Timothy Pickering, appointed a Senator by the Legislature of the
State of Massachusetts, in the place of Dwight Foster, resigned; and the oath required by law was, by the President,
administered to them respectively.
The oath was also administered to Samuel Smith, appointed a Senator by the Legislature of the State of Maryland,
for the term of six years from and after the third day of March last.
Ordered, That the Secretary wait on the President of the United States and acquaint him that a quorum of the Senate
is assembled, and that, in the absence of the Vice President, they have elected the Hon. John Brown President of the
Senate, pro tempore.
The Secretary was directed to give a similar notice to the House of Representatives.
Resolved, That James Mathers, Sergeant-at-Arms and Doorkeeper to the Senate, be, and he is hereby, authorized
to employ one additional assistant and two horses, for the purpose of performing such services as are usually required
by the Doorkeeper to the Senate; and that the sum of twenty-eight dollars be allowed him weekly for that purpose
during the session, and for twenty days after.
Resolved, That each Senator be supplied during the present session with three such newspapers, printed in any of
the States, as he may choose, provided that the same be furnished at the usual rate for the annual charge of such
papers.
A message from the House of Representatives informed the Senate that a quorum of the House had assembled, and
had elected the Hon. Nathaniel Macon their Speaker, and is ready to proceed to business.
Ordered, That Messrs. Clinton and Breckenridge be a committee on the part of the Senate, together with such
committee as the House of Representatives may appoint on their part, to wait on the President of the United States, and
notify him that a quorum of the two Houses is assembled, and ready to receive any communications that he may be
pleased to make to them.
A message from the House of Representatives informed the Senate, that the House agree to the resolution of the
Senate for the appointment of a joint committee to wait on the President of the United States, and have appointed a
committee on their part.
On motion, Resolved, That two Chaplains, of different denominations, be appointed to Congress for the present
session, one by each House, who shall interchange weekly.
Ordered, That the Secretary desire the concurrence of the House of Representatives in this resolution.
The Senate proceeded to the choice of a Chaplain on their part, and the ballots having been collected and counted,
the whole number was twenty-eight; of which fifteen make a majority. Mr. Gantt had 15 votes, and Mr. M’Cormick
13.
Consequently, the Rev. Dr. Gantt was elected.
Mr. Clinton reported, from the joint committee appointed for the purpose, that they had waited on the President of
the United States, and that he had acquainted them that he would make a communication to the two Houses, by
message, immediately.
The following Message was received from the President of the United States:
To the Senate and House of Representatives of the United States:
In calling you together, fellow-citizens, at an earlier day than was contemplated by the act of
the last session of Congress, I have not been insensible to the personal inconveniences
necessarily resulting from an unexpected change in your arrangements. But matters of great
public concernment have rendered this call necessary, and the interest you feel in these will
supersede, in your minds, all private considerations.
Congress witnessed, at their late session, the extraordinary agitation produced in the public
[4]
mind by the suspension of our right of deposit at the port of New Orleans, no assignment of
another place having been made according to treaty. They were sensible that the continuance of
that privation would be more injurious to our nation than any consequences which could flow
from any mode of redress; but, reposing just confidence in the good faith of the Government
whose officer had committed the wrong, friendly and reasonable representations were resorted
to, and the right of deposit was restored.
Previous, however, to this period, we had not been unaware of the danger to which our
peace would be perpetually exposed whilst so important a key to the commerce of the western
country remained under a foreign power. Difficulties too were presenting themselves as to the
navigation of other streams, which, arising within our territories, pass through those adjacent.
Propositions had therefore been authorized for obtaining, on fair conditions, the sovereignty of
New Orleans, and of other possessions in that quarter, interesting to our quiet, to such extent as
was deemed practicable; and the provisional appropriation of two millions of dollars, to be
applied and accounted for by the President of the United States, intended as part of the price,
was considered as conveying the sanction of Congress to the acquisition proposed.[1] The
enlightened Government of France saw, with just discernment, the importance to both nations of
such liberal arrangements as might best and permanently promote the peace, interests, and
friendship of both; and the property and sovereignty of all Louisiana, which had been restored
to them, has, on certain conditions, been transferred to the United States, by instruments bearing
date the 30th of April last. When these shall have received the constitutional sanction of the
Senate, they will, without delay, be communicated to the Representatives for the exercise of
their functions, as to those conditions which are within the powers vested by the constitution in
Congress. Whilst the property and sovereignty of the Mississippi and its waters secure an
independent outlet for the produce of the Western States, and an uncontrolled navigation
through their whole course, free from collision with other Powers, and the dangers to our peace
from that source, the fertility of the country, its climate and extent, promise, in due season,
important aids to our Treasury, an ample provision for our posterity, and a wide spread for the
blessings of freedom and equal laws.
With the wisdom of Congress it will rest to take those ulterior measures which may be
necessary for the immediate occupation and temporary government of the country; for its
incorporation into our Union; for rendering the change of government a blessing to our newly
adopted brethren; for securing to them the rights of conscience and property; for confirming to
the Indian inhabitants their occupancy and self-government, establishing friendly and commercial
relations with them, and for ascertaining the geography of the country acquired. Such materials
for your information relative to its affairs in general, as the short space of time has permitted me
to collect, will be laid before you when the subject shall be in a state for your consideration.
The small vessels authorized by Congress, with a view to the Mediterranean service, have
been sent into that sea, and will be able more effectually to confine the Tripoline cruisers within
their harbors, and supersede the necessity of convoy to our commerce in that quarter. They will
sensibly lessen the expenses of that service the ensuing year.
A further knowledge of the ground in the north-eastern and north-western angles of the
United States has evinced that the boundaries established by the treaty of Paris, between the
British territories and ours in those parts, were too imperfectly described to be susceptible of
execution. It has therefore been thought worthy of attention, for preserving and cherishing the
harmony and useful intercourse subsisting between the two nations, to remove, by timely
arrangements, what unfavorable incidents might otherwise render a ground of future
misunderstanding. A convention has therefore been entered into, which provides for a
practicable demarcation of those limits, to the satisfaction of both parties.
An account of the receipts and expenditures of the year ending 30th September last, with the
estimates for the service of the ensuing year, will be laid before you by the Secretary of the
Treasury, so soon as the receipts of the last quarter shall be returned from the more distant
States. It is already ascertained that the amount paid into the Treasury for that year has been
between eleven and twelve millions of dollars; and that the revenue accrued, during the same
term, exceeds the sum counted on as sufficient for our current expenses, and to extinguish the
public debt within the period heretofore proposed.
We have seen with sincere concern the flames of war lighted up again in Europe, and nations,
with which we have the most friendly and useful relations, engaged in mutual destruction. While
we regret the miseries in which we see others involved, let us bow with gratitude to that kind
Providence, which, inspiring with wisdom and moderation our late Legislative Councils, while
placed under the urgency of the greatest wrongs, guarded us from hastily entering into the
sanguinary contest, and left us only to look on and to pity its ravages. These will be the heaviest
on those immediately engaged. Yet the nations pursuing peace will not be exempt from all evil.
[5]
In the course of this conflict let it be our endeavor, as it is our interest and desire, to cultivate the
friendship of the belligerent nations by every act of justice, and of innocent kindness; to receive
their armed vessels with hospitality from the distresses of the sea, but to administer the means of
annoyance to none; to establish in our harbors such a police as may maintain law and order; to
restrain our citizens from embarking individually in a war in which their country takes no part; to
punish severely those persons, citizen or alien, who shall usurp the cover of our flag for vessels
not entitled to it, infecting thereby with suspicion those of real Americans, and committing us into
controversies for the redress of wrongs not our own; to exact from every nation the observance,
towards our vessels and citizens, of those principles and practices which all civilized people
acknowledge; to merit the character of a just nation, and maintain that of an independent one,
preferring every consequence to insult and habitual wrong. Separated by a wide ocean from the
nations of Europe, and from the political interests which entangle them together, with
productions and wants which render our commerce and friendship useful to them, and theirs to
us, it cannot be the interest of any to assail us, nor ours to disturb them. We should be most
unwise, indeed, were we to cast away the singular blessings of the position in which nature has
placed us, the opportunity she has endowed us with, of pursuing, at a distance from foreign
contentions, the paths of industry, peace, and happiness; of cultivating general friendship, and of
bringing collisions of interest to the umpire of reason rather than of force. How desirable, then,
must it be, in a Government like ours, to see its citizens adopt, individually, the views, the
interests, and the conduct, which their country should pursue, divesting themselves of those
passions and partialities which tend to lessen useful friendships, and to embarrass and embroil
us, in the calamitous scenes of Europe! Confident, fellow-citizens, that you will duly estimate the
importance of neutral dispositions towards the observance of neutral conduct, that you will be
sensible how much it is our duty to look on the bloody arena spread before us, with
commiseration, indeed, but with no other wish than to see it closed, I am persuaded you will
cordially cherish these dispositions in all discussions among yourselves, and in all
communications with your constituents; and I anticipate, with satisfaction, the measures of
wisdom which the great interests now committed to you will give you an opportunity of
providing, and myself, that of approving and of carrying into execution with the fidelity I owe to
my country.
TH. JEFFERSON.
Oct. 17, 1803.
The Message was read, and five hundred copies thereof ordered to be printed for the use of the Senate.
Tuesday, October 18.
Pierce Butler, appointed a Senator by the Legislature of the State of South Carolina, for the unexpired time for which
the late John Ewing Colhoun was elected to serve, produced his credentials, which were read, and the oath required by
law was administered to him by the President.
James Jackson, from the State of Georgia, attended.
The credentials of Samuel Smith, a Senator from the State of Maryland, were read.
Friday, October 21.
John Quincy Adams, appointed a Senator by the Legislature of the State of Massachusetts, for six years,
commencing the 4th day of March last, produced his credentials, which were read; and the oath required by law was
administered to him by the President.
Mr. Clinton, after a few prefatory observations on the necessity of designating the persons, severally, whom the
people should wish to hold the offices of President and Vice-President of the United States, and stating that the State
which he represented, as well as others in the Union, had, through the medium of their Legislatures, strongly
recommended the adoption of the principle, laid on the table the following motion, which he read; and it was made the
order of the day for the next day, and printed.
[The amendment proposed by Mr. Clinton grew out of the attempt in the House of
Representatives to elect Mr. Burr President, and to prevent such attempt in future, in the event
of an equality of votes between the two highest on the list, it required the electors to discriminate
between the presidential and vice-presidential office, and name the persons voted for for each.]
Mr. Breckenridge gave notice, that he should, to-morrow, ask leave to bring in a bill to enable the President of the
United States to take possession of the territories ceded by France to the United States, by the treaty concluded at
Paris on the 30th of April last, and for other purposes.
[6]
Saturday, October 22.
The following Message was received from the President of the United States:
To the Senate and House of Representatives of the United States:
In my communication to you of the 17th instant, I informed you that conventions had been
entered into with the Government of France for the cession of Louisiana to the United States.
These, with the advice and consent of the Senate, having now been ratified, and my ratification
exchanged for that of the First Consul of France in due form, they are communicated to you for
consideration in your Legislative capacity. You will observe that some important conditions
cannot be carried into execution, but with the aid of the Legislature; and that time presses a
decision on them without delay.
The ulterior provisions, also, suggested in the same communication, for the occupation and
government of the country, will call for early attention. Such information relative to its
government as time and distance have permitted me to obtain, will be ready to be laid before
you in a few days. But, as permanent arrangements for this object may require time and
deliberation, it is for your consideration whether you will not forthwith make such temporary
provisions for the preservation, in the meanwhile, of order and tranquillity in the country, as the
case may require.
TH. JEFFERSON.
Oct. 21, 1803.
The Message was read, and, together with the papers therein referred to, ordered to lie for consideration.
Agreeably to notice given yesterday, Mr. Breckenridge had leave to bring in a bill to enable the President of the
United States to take possession of the territories ceded by France to the United States, by the treaty concluded at
Paris on the 30th of April last, and for other purposes; which bill was read, and ordered to the second reading. The bill
is in the following words:
Be it enacted by the Senate and House of Representatives of the United States of
America, in Congress assembled, That the President of the United States be, and he is
hereby, authorized to take possession of and occupy the territories ceded by France to the
United States by the treaty concluded at Paris, on the 30th day of April last, between the two
nations; and that he may for that purpose, and in order to maintain in the said territories the
authority of the United States, employ any part of the Army and Navy of the United States, and
of the force authorized by an act passed the 3d day of March last, entitled “An act directing a
detachment from the militia of the United States, and for erecting certain arsenals,” which he
may deem necessary: And so much of the sum appropriated by the said act as may be
necessary is hereby appropriated for the purpose of carrying this act into effect; to be applied
under the direction of the President of the United States.
Sec 2.. And be it further enacted, That until Congress shall have made provision for the
temporary government of the said territories, all the military, civil, and judicial powers exercised
by the officers of the existing government of the same, shall be vested in such person or persons,
and shall be exercised by and in such manner, as the President of the United States shall direct.
Amendment to the Constitution.
The order of the day being called for on Mr. Clinton’s motion of yesterday,
Mr. Clinton said that, as the resolution was but now printed, and laid before the Senate, it might be proper to refer it
to Monday for further consideration, but if it was requisite, by the rules of the Senate, that the resolution must have three
separate readings, and on three different days, he should call for a second reading on Saturday, that it might be in
readiness for a third reading on Monday, and be ultimately acted upon that day, as the Legislatures of Tennessee and
Vermont were in session, and probably must be at the trouble of an extra session to act upon the amendment, unless it
could be sent to them before they separated.
Mr. Brown, of Kentucky, the President pro tem. of the Senate, said the written rule of the Senate determined that
bills should have three readings, and on different days, without unanimous consent to the contrary; but the resolutions
were not included; and that he should be glad of the opinion of the Senate upon the subject.
Mr. Tracy of Connecticut said, that there was no written rule which would reach the case, but the Vice President,
upon the ground that they came within the reason of the rule, had determined that all resolutions which required a joint
vote of both Houses to give them efficacy, should take the same course as bills, and have three readings, and on
different days, before a final vote; and as this resolution went to the alteration of the supreme law of the land, as the
[7]
constitution was declared to be, he thought it highly requisite to give the deliberations all the solemnity which was
required in passing bills.
Mr. Bradley, of Vermont, then offered two amendments to the resolution; one went to the form only, and the other
makes a majority of votes of the electors requisite for the choice of Vice President, and in case such majority is not
obtained, places the choice of Vice President in the Senate.
Mr. Butler, of South Carolina, proposed an amendment by adding a new clause, in substance: “That at the next
election of President, no person should be eligible who had served more than eight years, and, in all future elections, no
person should be eligible more than four years in any period of eight years.”
Mr. Dayton, of New Jersey, moved to refer the resolution, with all the amendments, to a select committee; he said
that it was a subject far too important to be carried in this way. There has been no time to consider it. Something more
was due in this instance, than, as it were, offering it one moment, and deciding upon it the next.
Mr. Hillhouse, of Connecticut, supported the motion for referring the question to a select committee. He was
opposed to entering now upon the business. Why should this subject be hurried? Why not have taken it up last session?
We might in that case have had time to consider it. He had not often known a resolution, of the nature of that before the
House, disposed of otherwise, in the first instance, than being referred to a committee. He never knew it refused. In a
great and free empire, like the United States, this question is of the highest importance—no less than the choice of the
First Magistrate. It is laid upon the table to-day, and we are to determine upon it to-morrow. He hoped not, and as he
never knew it refused before, he hoped that it would not be adopted now. He wished it to be referred to a select
committee; that it should there be examined, line by line, letter by letter. In the present mode of doing business, it is
impossible to act with accuracy. He again trusted and hoped that it would be referred to a select committee.
Mr. Jackson, of Georgia, wished the business to be immediately proceeded upon. He was an admirer of Mr.
Jefferson; he was happy, and he trusted all were happy, while he was President. But, continued Mr. J., we know not
who may follow him; we may have a Buonaparte, or one who will be equally obnoxious to the people. He hoped the
motions would be incorporated and immediately come before the House.
Mr. Wright, of Maryland, spoke for some time against the resolution going to a committee. He was against the
amendment proposed by Mr. Butler. A committee might report when they pleased. He therefore thought it necessary to
proceed with the question immediately.
Mr. Smith, of Maryland, wished to have some principles fixed. If the motion and amendments were to go to a
committee, he would not tack them together, for by this mode they might both be lost. It has been said that the subject
might have been entered into last session. There was then a multiplicity of business of importance before the House, yet
this subject might have been entered into. As it stands, this is the proper place to make objections. The mover of the
resolution does not say that it shall be determined on Monday; he means that it shall then be before the whole House.
After some desultory observations, in which one member observed that he thought it disorderly, the question on Mr.
Butler’s amendment was put—ayes 16, nays 15.
A committee was then chosen for the purpose, namely:
Mr. Butler, Mr. Bradley, Mr. Clinton, Mr. Nicholas, and Mr. Smith.
Monday, October 24.
Louisiana Cession.
The bill to enable the President of the United States to take possession of the territories ceded by France to the
United States, by the treaty concluded at Paris on the 30th of April last, and for other purposes, was read the second
time and referred to Messrs. Breckenridge, Dayton, and Baldwin, to consider and report thereon.
Amendment to the Constitution.
Mr. Butler, from the committee, to whom was referred, on the 22d inst., the motion for an amendment to the
Constitution of the United States, made report, which was read.
Mr. Dayton moved to strike out all which respected the appointment of a Vice President.
He said the great inducements of the framers of the constitution to admit the office of Vice President was, that, by the
mode of choice, the best and most respectable man should be designated; and that the electors of each State should
vote for one person at least, living in a different State from themselves; and if the substance of the amendment was
adopted, he thought the office had better be abolished. Jealousies were natural between President and Vice President;
no heir apparent ever loved the person on the throne. With this resolution for an amendment to the constitution we were
left with all the inconveniencies, without a single advantage from the office of Vice President.
Mr. Clinton.—The obvious intention of the amendment proposed by the gentleman from New Jersey, is to put off or
get rid of the main question. It would more comport with the candor of the gentleman to meet the question fairly. Can
the gentleman suppose that the electors will not vote for a man of respectability for Vice President? True, the
qualifications are distinct, and ought not to be confounded; this will stave off the question till the Legislatures of the
[8]
States of Tennessee and Vermont are out of session, and the object must be very obvious.
Mr. Dayton.—The custom of the gentleman from New York has been of late to arraign motives instead of meeting
arguments; on Saturday he accused me of wishing to procrastinate, and now the same is repeated.
The reasons of erecting the office are frustrated by the amendment to the constitution now proposed; it will be
preferable, therefore, to abolish the office.
Mr. Clinton.—The charge of the gentleman from New Jersey is totally unfounded that I arraign motives, and do not
meet arguments. On Saturday the gentleman accused me of precipitation; I am not in the habit of arraigning motives, as
this Senate can witness, and the charge is totally untrue.
Mr. Nicholas.—To secure the United States from the dangers which existed during the last choice of President, the
present resolution was introduced. It was impossible to act upon, or pass the amendment offered by the member from
New Jersey, with a full view of all its bearings at this time. It ought not to stand in the way of the resolution reported by
the committee, for two-thirds or three-quarters of the State Legislatures would be in session in two or three months; the
Senate had, therefore, better not admit the amendment, even if convinced that it was correct, because it might
jeopardize the main amendment of discriminating.
Mr. Butler moved a postponement until Wednesday, because the amendment was important, and he had not had
sufficient time to make up his mind.
Mr. Worthington said the same.
This motion was seconded.
The question for postponement was taken, and lost—ayes 15, noes 16.
The amendment of Mr. Dayton was now before the Senate.
A motion for adjournment was now made and carried—ayes 16, noes 15.
Tuesday, October 25.
John Smith, appointed a Senator by the Legislature of the State of Ohio, attended and produced his credentials,
which were read, and the oath required by law was administered to him by the President.
Mr. Breckenridge, from the committee to whom was referred, on the 24th instant, the bill to enable the President of
the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at
Paris on the 30th of April last, and for other purposes, reported it without amendment.
Ordered, That this bill pass to a third reading.
Wednesday, October 26.
Louisiana Treaty.
The bill to enable the President of the United States to take possession of the territories ceded by France to the
United States, by the treaty concluded at Paris on the 30th of April last, and for other purposes, was read the third
time. And, on the question, Shall this bill pass? it was determined in the affirmative—yeas 26, nays 6, as follows:
Yeas.—Messrs. Anderson, Bailey, Baldwin, Bradley, Breckenridge, Brown, Butler, Cocke,
Condit, Dayton, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Potter, I. Smith, J. Smith,
S. Smith, Stone, Taylor, Wells, White, Worthington, and Wright.
Nays.—Messrs. Adams, Hillhouse, Olcott, Pickering, Plumer, and Tracy.[2]
Saturday, October 29.
Mr. Breckenridge, from the committee of conference on the amendments of the House of Representatives to the bill,
entitled “An act to enable the President of the United States to take possession of the territories ceded by France to the
United States, by the treaty concluded at Paris on the 30th of April last, and for the temporary government thereof,”
reported, that the Senate recede from their disagreement to the amendments, and agree thereto, with amendments; and
a division of the report was called for.
And, on the question to adopt the report, so far as that the Senate recede from their disagreement to the amendments
of the House of Representatives, it passed in the affirmative.
And, on the question to adopt the remaining division of the report, it passed in the negative.
So it was Resolved, That the Senate recede from their disagreement to the amendments of the House of
Representatives to the said bill, and agree thereto.[3]
Monday, October 31.
[9]
On motion, it was,
Resolved, unanimously, That the members of the Senate, from a sincere desire of showing every mark of respect
due to the memory of the Hon. Stevens Thompson Mason, deceased, late a member thereof, will go into mourning for
him one month, by the usual mode of wearing a crape around the left arm.[4]
Wednesday, November 2.
Louisiana Treaty.
The Senate resumed the second reading of the bill, entitled “An act authorizing the creation of a stock to the amount
of eleven millions two hundred and fifty thousand dollars, for the purpose of carrying into effect the convention of the
30th of April, 1803, between the United States of America and the French Republic, and making provision for the
payment of the same;” and having amended the bill—
On the question, Shall the bill pass?
Mr. White rose and made the following remarks:
Mr. President, by the provisions of the bill before us, and which are thus far in conformity with the words of the
treaty, we have until three months after the exchange of ratifications and the delivery of possession to pay this money in.
Where, then, is the necessity for such haste on this subject? It seems to me to be anticipating our business unnecessarily,
and perhaps unwisely; it is showing on our part a degree of anxiety that may be taken advantage of and operate to our
injury, and that may serve to retard the accomplishment of the very object that gentlemen seem to have so much at
heart. It is not at present altogether certain that we shall ever have occasion to use this stock, and it will be time enough
to provide it when the occasion arises, when we see ourselves in the undisturbed possession of this mighty boon, or
wherefore are we allowed these three months’ credit after the delivery of possession? The ratifications have been
already exchanged; the French officer who is to make the cession is said to be at New Orleans, and previous to the
adjournment of Congress we shall know with certainty whether the First Consul will or can carry this treaty faithfully
into operation. We have already passed a bill authorizing the President to take possession, for which I voted, and it will
be time enough to create this stock and to make the other necessary arrangements when we find ourselves in
possession of the territory, or when we ascertain with certainty that it will be given to us.
But, Mr. President, it is now a well-known fact, that Spain considers herself injured by this treaty, and if it should be
in her power to prevent it, will not agree to the cession of New Orleans and Louisiana to the United States. She
considers herself absolved from her contract with France, in consequence of the latter having neglected to comply with
certain stipulations in the Treaty of St. Ildefonso, to be performed on her part, and of having violated her engagement
never to transfer this country into other hands. Gentlemen may say this money is to be paid upon the responsibility of the
President of the United States, and not until after the delivery of possession to us of the territory; but why cast from
ourselves all the responsibility upon this subject, and impose the whole weight upon the President, which may hereafter
prove dangerous and embarrassing to him? Why make the President the sole and absolute judge of what shall be a
faithful delivery of possession under the treaty? What he may think a delivery of possession sufficient to justify the
payment of this money, we might not; and I have no hesitation in saying that if, in acquiring this territory under the treaty,
we have to fire a single musket, to charge a bayonet, or to lose a drop of blood, it will not be such a cession on the part
of France as should justify to the people of this country the payment of any, and much less so enormous a sum of
money. What would the case be, sir? It would be buying of France authority to make war upon Spain; it would be
giving the First Consul fifteen millions of dollars to stand aloof until we can settle our differences with His Catholic
Majesty. Would honorable gentlemen submit to the degradation of purchasing even his neutrality at so inconvenient a
price? We are told that there is in the hands of the French Prefect at New Orleans a royal order of His Catholic
Majesty, founded upon the Treaty of St. Ildefonso, for the delivery of possession of this territory to France; but which
has never been done—the precedent conditions not having been performed on the part of France. This royal order, it is
probable, will be handed over to our Commissioner, or to whoever may be sent down to receive possession. We may
then be told that we have the right of France, as she acquired it from Spain, which is all she is bound by her treaty to
transfer to us; we may be shown the Spaniards, who yet claim to be the rightful owners of the country, and be told that
we have the permission of the First Consul to subdue or drive them out, and, according to the words of the treaty, to
take possession. Of our capacity to do so I have no doubt; but this we could have done, sir, six months ago, and with
one-sixth of fifteen millions of dollars, when they had wantonly violated the sacred obligations of a treaty, had insulted
our Government, and prostrated all the commerce of our Western country. Then we had, indeed, a just cause for
chastising them; the laws of nations and of honor authorized it, and all the world would have applauded our conduct.
And it is well known that if France had been so disposed she could not have brought a single man or ship to their relief;
before the news could have reached Europe, she was blockaded in her own ports by the British fleet. But that time was
permitted to go by unimproved, and instead of regretting the past, let us provide for the future.
Admitting then, Mr. President, that His Catholic Majesty is hostile to the cession of this territory to the United States,
and no honorable gentleman will deny it, what reasons have we to suppose that the French Prefect, provided the
Spaniards should interfere, can give to us peaceable possession of the country? He is acknowledged there in no public
character, is clothed with no authority, nor has he a single soldier to enforce his orders. I speak now, sir, from mere
probabilities. I wish not to be understood as predicting that the French will not cede to us the actual and quiet
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possession of the territory. I hope to God they may, for possession of it we must have—I mean of New Orleans, and of
such other positions on the Mississippi as may be necessary to secure to us for ever the complete and uninterrupted
navigation of that river. This I have ever been in favor of; I think it essential to the peace of the United States, and to the
prosperity of our Western country. But as to Louisiana, this new, immense, unbounded world, if it should ever be
incorporated into this Union, which I have no idea can be done but by altering the constitution, I believe it will be the
greatest curse that could at present befall us; it may be productive of innumerable evils, and especially of one that I fear
even to look upon. Gentlemen on all sides, with very few exceptions, agree that the settlement of this country will be
highly injurious and dangerous to the United States; but as to what has been suggested of removing the Creeks and
other nations of Indians from the eastern to the western banks of the Mississippi, and of making the fertile regions of
Louisiana a howling wilderness, never to be trodden by the foot of civilized man, it is impracticable. The gentleman from
Tennessee (Mr. Cocke) has shown his usual candor on this subject, and I believe with him, to use his strong language,
that you had as well pretend to inhibit the fish from swimming in the sea as to prevent the population of that country after
its sovereignty shall become ours. To every man acquainted with the adventurous, roving, and enterprising temper of
our people, and with the manner in which our Western country has been settled, such an idea must be chimerical. The
inducements will be so strong that it will be impossible to restrain our citizens from crossing the river. Louisiana must
and will become settled, if we hold it, and with the very population that would otherwise occupy part of our present
territory. Thus our citizens will be removed to the immense distance of two or three thousand miles from the capital of
the Union, where they will scarcely ever feel the rays of the General Government; their affections will become alienated;
they will gradually begin to view us as strangers; they will form other commercial connections, and our interests will
become distinct.
These, with other causes that human wisdom may not now foresee, will in time effect a separation, and I fear our
bounds will be fixed nearer to our houses than the waters of the Mississippi. We have already territory enough, and
when I contemplate the evils that may arise to these States, from this intended incorporation of Louisiana into the Union,
I would rather see it given to France, to Spain, or to any other nation of the earth, upon the mere condition that no
citizen of the United States should ever settle within its limits, than to see the territory sold for a hundred millions of
dollars, and we retain the sovereignty. But however dangerous the possession of Louisiana might prove to us, I do not
presume to say that the retention of it would not have been very convenient to France, and we know that at the time of
the mission of Mr. Monroe, our Administration had never thought of the purchase of Louisiana, and that nothing short of
the fullest conviction on the part of the First Consul that he was on the very eve of a war with England; that this being
the most defenceless point of his possessions, if such they could be called, was the one at which the British would first
strike, and that it must inevitably fall into their hands, could ever have induced his pride and ambition to make the sale.
He judged wisely, that he had better sell it for as much as he could get than lose it entirely. And I do say that under
existing circumstances, even supposing that this extent of territory was a desirable acquisition, fifteen millions of dollars
was a most enormous sum to give. Our Commissioners were negotiating in Paris—they must have known the relative
situation of France and England—they must have known at the moment that a war was unavoidable between the two
countries, and they knew the pecuniary necessities of France and the naval power of Great Britain. These imperious
circumstances should have been turned to our advantage, and if we were to purchase, should have lessened the
consideration. Viewing, Mr. President, this subject in any point of light—either as it regards the territory purchased, the
high consideration to be given, the contract itself, or any of the circumstances attending it, I see no necessity for
precipitating the passage of this bill; and if this motion for postponement should fail, and the question on the final
passage of the bill be taken now, I shall certainly vote against it.
The further consideration of the bill was postponed until to-morrow.
Thursday, November 3.
Louisiana Treaty.
The bill, entitled “An act authorizing the creation of a stock to the amount of eleven millions two hundred and fifty
thousand dollars, for the purpose of carrying into effect the Convention of the 30th of April, 1803, between the United
States of America and the French Republic, and making provision for the payment of the same,” was read the third
time; and, having been amended, on the question, Shall this bill pass as amended?
Mr. Wells said: Mr. President, having always held to the opinion that, when a treaty was duly made under the
constituted authorities of the United States, Congress was bound to pass the laws necessary to carry it into effect; and
as the vote which I am about to give may not at first seem to conform itself to this opinion, I feel an obligation imposed
upon me to state, in as concise a manner as I can, the reasons why I withhold my assent from the passage of this bill.
There are two acts necessary to be performed to carry the present treaty into effect—one by the French
Government, the other by our own. They are to deliver us a fair and effectual possession of the ceded territory; and
then, and not till then, are we to pay the purchase money. We have already authorized the President to receive
possession. This co-operation on our part was requisite to enable the French to comply with the stipulation they had
made; they could not deliver unless somebody was appointed to receive. In this view of the subject, the question which
presents itself to my mind is, who shall judge whether the French Government does, or does not, faithfully comply with
the previous condition? The bill on your table gives to the President this power. I am for our retaining and exercising it
ourselves. I may be asked, why not delegate this power to the President? Sir, I answer by inquiring why we should
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delegate it? To us it properly belongs; and, unless some advantage will be derived to the United States, it shall not be
transferred with my consent. Congress will be in session at the time that the delivery of the ceded territory takes place;
and if we should then be satisfied that the French have executed with fidelity that part of the treaty which is incumbent
upon them first to perform, I pledge myself to vote for the payment of the purchase money. This appears to me, arguing
upon general principles, to be the course which ought to be pursued, even supposing there were attending this case no
particular difficulties. But in this special case are there not among the archives of the Senate sufficient documents, and
which have been withheld from the House of Representatives, to justify an apprehension that the French Government
was not invested with the capacity to convey this property to us, and that we shall not receive that kind of possession
which is stipulated for by the treaty? I am not permitted, by the order of this body, to make any other than this general
reference to those documents. Suffice it to say that they have strongly impressed me with an opinion that, even if
possession is rendered to us, the territory will come into our hands without any title to justify our holding it.
Mr. Jackson.—Mr. President: The honorable gentleman (Mr. Wells) has said that the French have no title, and,
having no title herself, we can derive none from her. Is not, I ask, the King of Spain’s proclamation, declaring the
cession of Louisiana to France, and his orders to his Governor and officers to deliver it to France, a title? Do nations
give any other? I believe the honorable gentleman can find no solitary instance of feofment or conveyance between
States. The treaty of St. Ildefonso was the groundwork of the cession, and whatever might have been the terms to be
performed by France, the King of Spain’s proclamation and orders have declared to all the world that they were
complied with. The honorable gentleman, however, insists that there is no consideration expressed in the treaty, and
therefore it must be void; if the honorable gentleman will but look attentively at the ninth article, I am persuaded he will
perceive one: the conventions are made part of the treaty; they are declared to have execution in the same manner, as if
they had been inserted in the treaty; they are to be ratified in the same form, and at the same time, so that the one shall
not be distinct from the other. What inference can possibly be drawn, but that the payments to be made by them were
full consideration for Louisiana? But the honorable gentleman lays stress on that part of the treaty which declares that
“the First Consul of the French Republic, desiring to give to the United States a strong proof of his friendship, doth
hereby cede to the United States the territory,” &c.; inferring from thence that our title rests on the friendship of
Buonaparte alone. Sir, let my opinion of the present Government of France be what it may, and I confess it is not very
favorable, Buonaparte, by the consent of the nation, is placed at its head; he is the organ through which the will of the
nation is expressed, and is and must be respected as such by all other Powers. No nation has a right to interfere with
the rule or police of another. It is enough that the nation wills it, and B...
