A9T crores, 1803. he Louis HISTORY OF CONGRESS. ama Treaty. Mr. Nicuotson declared that it was uoneces- sary to take up the time of the Committee. "The gentleman yo moved tke amendment tells us that fei the least deviation. He could not agree to this, Itdid not in the least affect the choice of a Vice President. Mr. Smicis considered it 2 duty dve to himself to assert that his sentiments througis the whole of| this business were uniform. He thought that he could discern that the Chairman was surprised at the deviation from the original opinion of some gentlemen. His present sentiments he had de- lareil before the select committee, and to these he still adhered, He said he would vote in any way, 30 that an opinion might be had and the less they deviated, tho safer they were, He had no object in view but the public good. "He was extremely ienacious in altering the Constivution, but, with- out the spirit of accommodation, they could never agiee upon a urmber.. If one gentleman, {0 ine dulge himself, persisted in the number thzee, and tiers of five, he kaew not when an opinion could ‘be obtaivied ‘Mr. Euugr said that he would engross the at- tention of the Committes but a moment, and he would not ask for that moment if he did not think that what he had to offer woald facilitate an ac- commedation. Some gentlemen, he observed, ‘were so tenacious of the namber being fire, that, unless they were indulged, they would never make an amendment. He would therefore vote for that number in order fo promote his desired accom modation. ‘The question was teken for inserting the word five—ayes 59, noes 47. ‘On motion, the Comraitiee rose, and the Spaaxen. xesumed the Chait, when the question was again patend carried, [teas then movel that theamende ments be engrossed, and that a third reading be} had to-day. Agreed to. LOUISIANA TREATY ‘The House resolved itself into a Committee of | the Whole on the bill from the Senate, eatitled iA acto enable the Presiden’ of the Untied tates to take possession. of the territories ceded dy Trance to the United States, by the treaty eon- eladed at Paris on the thirtieth of April last, and eT AI Having been read, r ‘The bill having been read, by paragraphs, as follows: s PY Ee Beit acted, by the Senate and Howse of Repre sentatives of the United States of Amerisn, in Con gress assembled, That the Presideat.of the United States fo, and he isherehy, authorized to take possesion of and oocapy the tortores eaced by France te tho United Staten by the treaty concluded at Pais, om the thitioth day of April last, between the two naifons; and Cat Ihe may for that prirpove, and in oder to maintain in the sid tareitoriee the authority of the United States, em- ploy any part of the army and navy of the United Sater ind of the foree authored by an act passed the third ‘ay of March lst, enttied, "An act directing 2 detaeh- neal from the malitieoftho Unitod States, and for erect. {ng certain arsenals,” which. he may deem necessary; ‘id go much of the sum apprepitaied by tho sid) acts | | inanner, a2 | La other words, this amendment vsill ec pose of carzying this act int effect; tobe applied andor ‘the direction of tho Prosicent ofthe United Sta Bic. nd be it further enacted, ‘Phat, until Con- ‘grese shall have male provision for the eraporary gow ernment of the said "Tertories, all the military, vy and judicial powers, exercised by the officers of te ex. isting goverameat of the same, shall be vested in such, perton and persons, and shall be exerciced in exch 16 Provident of the United States shell direct Mr. J. Raxoouen said he was apprized thatthe Dill was of such a nature #8 seemed to delegate to the President of the United States a power the exercise of whieh was intended to have but a short duration ; hewas also avrare that some cuch pawer was necessary tobe vested in the Fixecutive, to enable him to take possession of the eotintry | ceded by France, But he could conceive no cause for giving a’ Iatitude, a3 Co time, so exten= sive as that allowed by the seeond seetion, which says that © until Congress shall have made provie sioa for the temporary government of the said territories, all the military, civil, and judicial pow= ers, exercized by the officers of the existing gov- ernment of the same, ehall be vested in euch per soa or persons. and shall be exercised in such mane ner, as the Presideat of the United State: shall diceetIf-we give this power out of oar hands, iC may be inevocable until Congress shal Bars ‘made legislative provision; thats, a single branch of the Goverment, the Hxecutive branch, with & small minority of eltaer House, may prevent its rerumption, He did not believe that, under any eleeumstances, i was proper to delegate to the Exeoutive a power so extoncive; bat if proper under certain circumstances, he was sure it was improper under present eireumetances, Ae ho coneeived it proper to deal out power to the Exe ceative with as sparing @ hand as was consistent swith the public good, he sbould move an amend- teat to sdbsticate in the place of the words * Coa- gress shall have made provision for the temporary government of the said torritorios”—these words, theexpiration of the present session of Congress, | unless provision for the temporary goveroment of Lhe said territories be'sooner made by Congress” So that if Congress shall make. provision for the pvernment of the ferry et aay ting during | the session, the power of the President will cease, | and at any'rate at the expiration of the session: | gressto inke eatly measures for reducing tis enor- mous power, delegated to the Executive, by the establishment of a government for the peosle of Louisiana. Mr. R.Griswoup moved to strike out the whole of the second section, which would sup sede the motion of the gentleman from Virgiai | He made this motion to obtain an explanation | respecting the nature and extent, of the delegated | power. hat section provides “that until Con- { retess shall have made provision for the ternporary « government ofthe sald cercitories, all the military, «Gini and judicial powers, exercised by she ofieers ‘of the existing goveromacnt of the some, shall be ‘as may be necessary, is hereby appropriated for the pure ‘vested in such manner, as the President of the499 HISTORY OF CONGRESS. 500 Hor R. + United Statesshall direct.” I wieh to knowcaid Mr. Griswold, whether avy gentleman can inform me what the military, civil, and jadieial powers, exercised by the officers of ‘the existing province ‘ate; for we are about to confirm them, and direct {hott execution by tho euthorities of the United tates, Itis probable that some of theta may be incon sistent with the Constitation of the United States, ‘We have certain restrictions on powers exercised under it, For instance, that the habe corpus shall not be. suspended in eases of invasion or re- dollion, and a variety of other restraints. It ie for this reason that [think we ought to have some Knowledge of the powers exercised in Lovisiana before we confirm them in thelumps and in order to obtain this information, L move vo strike out the section. Mr. Exuiorzose tosecond the mation of the gen- ileman from Connestient, and to express his coin- idence in the sentiments of that gentleman on thissubject. "He would never conseat to delegate for a single moment, sach extensive powers to the | President, even over Territory. Sueh a delega. tion of power was unconstitutional, If sueb a provision ay that contemplated by the section were necessary, it beeame Congress itself to enter upon the task of legislation. Mr. J. Ranoourt had hoped that some other member would have given the gentleman from Connecticut the satisfaction he asked in relation 0 the provisions of the ecction proposed to be stricken'out, Noone having risen, he would doc Liunself as well as he was able, ‘That gentieman asks whether we know the civil, military, and ju- dicial powers that subsist in Louisianay and cou tends that it is necessary we should know them, Defore they are transferred to the Executive of the United States. If the section were to stand as it now does, Mr. R. said hewould be as unwil- Jing as the gentleman from Connecticut to agree tot, But, with the proposed limitation, he =2W. no substantial objection to it. He was one of those who di not Know with precision wat the subsisting civil, military, and judicial powers ex- ereised in Lonisiana were; ani yet he saw not the difficulty whieh the gentleman had stated, 2s to the temporary transfer of the powers to the Bx ‘cutive with the limitation proposed-—And where fore? Because, in the nature of things, it was al- ost impossible to take possession of the eountey without the exercise of such powers at some poiat of time, and if they should be exercised but for a single moment, such exercise would be as hostile to the principles of the gentleman as the exercise of them for a whole year. Lask, said Me, R., whether ifthe country should he taken possession of an the prineiples advocated by the gentleman on a former day, these powers ‘wouk! ‘not all have attached. to the Executive? Sapporo instead of assuming thaeivil governement of the tertitory, it had been taken possession of by storm, by an’ army of 40 or £0,000 soldiers— ‘Will the gentlemen contend that under sach cir curmstances, the privilege of the habeas corpas ‘or trial by jury would have beea iavaded? Un The Louisiana Treaty. Ocronen, 1808, dovbiedly not. Ifthe gentleman will advert with precision to the first section, he will perceive that tis contemplated to ake possession in such a ‘manner as will give the United States security in that possession. - For though we might not doube the dieposition of the Government of France to give usa secure possession, or apprehend diffe Sulty from any other quarter, yet it would be ro- collected that there were citizens or subjects in the territory requiring some goveroment. It was not impossible thet on taking possession there may be some turbulent spirits, who, having at heart the advancoment of personal sehemes, may bo € | posed to resist. It would be unwise then in Co: | gress to delay making the requisite provision, un- | til necessity claimed it, and until, perbaps, after Congress had adjourned. Gentlemen will sce the absolute necessity of the path chalked out by the Senate. ‘Chey will see 1 necessity of the United States taking poates- jon of the country in the capacity of sovereig io the some extent as that of the existing govera- ment of the province, After having taken pos Session, apd being in tho sectre enjoymnent of the country, it will be extremely proper to guard against any apprehended Executive invasion of right. This step wil then be poltio, and it will be observed that the section as amended enjoins this duty upon Congress. If, however, the gontle= man {rom Consecticut will/show us aay way in Whieh the country may be taken possession of, with seourity, and’ by which the people may en Joy all the rights and franchises of citizens of dhe [ United Siates immediately, I shall be happy, to give itthe sanction of my vote, But to my mind this appears impossible. Mr. Grtswou.n thought it extraordinary that the gentleman from Virginia should call upon him to propoce a plan for avoiding the difficultics that would apparently result from the system proposed By the ay when it had only tha day ee laid upon their tables, and had been yesterday refuse tobe referred wa select committees ant of eon sequence, no time for reflection had been allowed. | Unie ‘these eircuinstauces, it was indeed extra: ordinary that he should be expected t0 propose a plan, Ee confessed he was unable to offer any. | fo do it would doobiless require time snd dolibe eration. It was sufficient for hie that the bill in~ fringed the Constitution, By the second section, it fs proposed to transfer to the President of the United States all the powers, civil, military, and | udiciat, exercised at present in that province. ‘What ate those powers? No gentleman is able | to intoria me. Temay be presumed that they are |egisiatives the Prosident, therefore, i to be made | the legislator of that country that they ave judi= | cial; the Presideat, therafora, ic to be made judge: that'they are execttive. and so far they constitu- tionally devolve on the President. Hence we are gbout making the President the legislator, the judge, and the executive of this territory. "1 do | Botsaid Mr. G.. understand that, according to the Constitution, we have a right to make him legise lator, judge, and executive, in any territory be- looging to the United States, Though, therefore,501 Gerona, 7803, HISTORY OF CONGRESS. The Laniviana Treaty. 502 Hor. ‘on this oveasion T feel no jealousy of the abuse of the powers conferred ca the President, yet I can- not agree ta them, because I consider them repug- nant to the Constitution ‘Phe argument that tho powere are necessary, thought aneonstivutioval, is wo argument with me. If gentlemen ean so explain the seetion, xs show {o the satisfaction of the Committee that it ie com: petent to this House to transfer to the President |” Uitthes powers cll ave no, objuston to the Moitons Bat until nis i domes it my daty to Mote aurking ft on. "And though is impos sible for me, at this moment, to devise a plan for reraomog’ there diffeulie, yor tist if ie be allowed. there will be found wisdom’ enough We te Conve ode one, To te isaee Boovauthoriing the tang porsession of he cou To oe Joction- “Mr, Nictiosox was opposed to ottiking out the second seetion, as he didnot perceive the evils contemplated by the gentleman from Connecticut. ‘The question is, whether we shall take immediate possession of this eountry, or wait tll this body Bhall have time to form such a government as hall be hereafter likely to render the people happy, under laws according to the provisions of the Gan- stitution? T think, soid Mr. N. it will be injodi- ious to delay takidg the possession, until such a government shall be formed, ‘The only question fhea that can be started is, whether the second seetion of this bill violatos the Constitation. On this poiot T differ entirely from the gentleman from Connecticut. “Ido not see in it any volar tion of the Constitution. ‘The gentleman sup- poses that by adopting the provisions of the second | Al the ivil, military, and | tudicial powers of the existing Goveroment of But it eleariy is not | section we shall ves uisiana in the President so. We rest in him the appointment of the per- Sons who shell exercise these powers, but sre do hot delegate to im the exercise of the powers themselves. Is there any difference between this, and the provisions of the ordioanee of 1787, which Telates to tereitorial goveraments ? By that ordi- panes, and { have never heard its constitutional: ity questioned, all the eivil, military, and judicial powers are vested in such persons a the President Fray appoint, Judicial pavrers ace vested in per- Sons appointed by the President eo with respect | to the eivil and military powers; and the legisla- | tive powers are vested ina body, part of which is appointed by thePresident, Tam, with other gen- lemon, anable to say what are the ooture aud ex- tent of the powers exercised by the present Gov- emment of Louisiana. But we must authorize {he taking possession of the country, and we must fn such am event atherizg the exercise of ese jowers, viz! the exercise of military power by an Bom te jdieial powers BY judges and the other pecessary ‘powers by otber officers; and wnlese Congres shall divest the President of the power of appointiag these officers, it will be vested in him by the Constitution, Trepeat its these powers ate wot delegated to the President, but co such persons ashemey appoint. Tkaow the old axiom, | | qui facit per atom facit per se but it does not | apply ia this case, It is possible that these ap- | Polntaents Toay be conferred. on persons in the | Eeded country, or the persons may ve sent from the Adande Slates, or from the Masissppi ‘er~ fitery 3 but be this ax it may, some persons as Jeappointed to exercise theve powers unt Con agro tball establish a new government Mr. Miron exprossed his Wich tbat th see- | rion of the bill might stand. 'To strike, it out [ would be to meke void all the proceedings re- | ectiog the province of Lovisiana, on which | Gongress had been engaged with so much care and diligence. We had purchased she eatntry and mage arrangements 10 pay for it; and now, frith the conecst of France, possesion 1s co be | Mikens when behold an cbjéetion is mado to that sprees tended seu whieh Corson he President she power (o oseupy and hold it peace- ably for the ton. y , fs Tis motion to obliterate the second section of the bill is grounded on the danger to be appre. Headed trot an emergement of fhe, resdental fended fg Meee loge. that if the setion {ou receive the vote of the Hour lm tary, civil, ang jodicial authority would be there Gentleed ale gecutives Ht was desiared to Be Gavousitations! in Congress to. delegate, sack Vastunlimited aothority5 and, oven if the Cops | ution permittal ir, tere would be great indisere- | tion in'the delegation of such power. (flor his oven part, Mr. M. said, he was striely enaoious of the righis reserved to the people. Sge'weas equally regardfal of the privileges ex [Tonging to the States. He was a zealous advo; ate too, of the powers secured (0 the National Gregisatare by the Constitotion. [In taking posses. tiod of the ceded country, in the manner proposed Wythe bill therewas ac rislation ofthe rightsof the citizens, no usurpation of the privilegesof the re} b= lies, nor any infraction of the great national deed of tetlement., ‘Phe jealousy expressed by some gentlemen against the accumalation of excessive gwen in the Chief Bxeeutive Magistrate was Beoited by slight circumstances. Mr. M. was to- {ally arome to the creation of dictator; nor did elfitcern ony thing tyranticel or depotic lurking in the paragraph which hed been spokes of in Mich odlour terms. Tho misediet complained of as rather imeginary than real, Thay ler it be examined faurly what, Congress ave meditating to do. “The third seeton of the fourth actiele of the Constitution contemplates that tenitory and other property may belong £9 theldnied States Byea testy with France the nation has laely acquired title to a aew terre | Mony, with various kinds of publie property oa it or annexed to it. By the same arotion of the | Gonstitation, Congress is elothed with the power todispoce of such territory and-property, and to tnokevall needfal rales and regolations respecting [this is ag fair an exereise of Constitutional | Gatnority as that by-wiiich we assemble and held |our seats in this House. To the tile thus ob- falned, we wish now to add. the possession and tis proposed that for this important purpose, theHISTORY OF Hop, The Lemisima. Treaty. 504 Ocroaen, 1803. CONGRESS. President shall be duly empowered. ‘There is no person inthe nation Yo whom this can Beco raeriy conkided as tothe President. ‘Besides Borty the bend of che Executive department, he is incebted for hs promotion to iat exalted glace tothe safages of electors ehoven fom the peopl ‘And the peopie ofthe United States ean here ne ferlons of skid ohjecion to tbe port of the bill ow proposed to bs expunged, which authorizes the inat of their confleage and choice totale Possession of Louisiana in tlt beball TE has een said that el ivi tmiitary and joe dicial powers ate to be cuncolidated ani cot Founded in the President, There eno sued thing Inedilated, Mr. Ghairmen;in thei The Pres done is not to oficits ia either nf thove capacities personally in Louisians. ‘He sonly to erect in Bitom the authority now existing i the Rreneh or Spanish ofiesry of the province. shall vest ‘wher our Government shail hove gained the per= Fession of ft sd in what manner tat suthorty 0 transfered shall br exercisat by those whore Heshall be by hitn delegated, Iu ell this: the Presi- dent dors ot 30 moth hitsell act ay Se. puts other persons ina condition to sgt” In the aes Somplishraent ofthe object the President would fndeel provide for the peorinance of civ jude Glal, and mitiearydusfees bat in eflegt%y hes> he swould only appoint theathers ad give directions Avo theis manor of proceeding, but he would hot himest! be either legislator @ jutee or Colonel ofthe Islnd of New Ovleans, ‘Hess in short only the organ by which certain acts noses: sary to be done, and facidental to gaining. tho setual possession of the county, eguld be pet, formed. "And fever the plea ofaopting measures enecessitate could be made, twas O& such a ceeason no this Str M. then drew a parallel, which he oped would be agreeable tote oppoters ofthe bil be Tereen the powers intended to be ested i the President of the United States and thoro which, according to the lar and usage of Englands were interentiin the Kivg. Apcarding. to tae tran theory of the Br twas the ohiet jaliciary ofcer and presideat a his bouriss he wav also the head ef te telah Chureh, and ofcourse the great pitt Presigent ofthe realm ini, also were depoited the trae portant conecrisof warand peace. Ihe wets were trated a his nae yet te way noiotiou chat he owadaye nover sent personal and fook a seat on the Weachs He did oot take ayon inimelf the perfirenanee of sacerdotal fuostons nor tet the art of a bishop or archdeaan. Neither id he Zo forth into the feld of battle, and dove da. fies of a general or a quartermaster Yet the King hada qualihed superintendence over all iees great department cf the public basins, Sehich it was ot expected he should perform fe person, but cause (0 be performed by Re perrons Er his appolatment, So ityas with the Pevic Gent in the present ease. fle was not supposed by anybody fo be sent into Louisiana tone per | seal, in ether 9 ell itary, or jadieal ea | ish eonstitution, the Sovereign | no farther than to authorize him to employ sack, men as he should jedge capable and worthy of those several Kinds of trasis. And so far, Mr ME. said. in the present ease, bo was entirely’ willing to delegate the power by law. It would not be permanent, but ad interem only. ‘There was a, provision inthe section agaist the perpetuity of this power, by the resumption of it as soon ts Copztes chould have collected ioformation enough to establish a temporary goverament ‘And thio might in all probability be done daring the present session. Mr. M. owned, however, that, he should think the bill rather more complete if there was ¢ limitation ia it to the araount of ex- pense which would be necessary to carry it into tfeet, but as he observed a reference in it to the ‘act passed on the did of Mareh last, which act con sia limitation as to the sam of money wich might be expended, he thought there wasno need of moving an amendment for that purpose. As, therefore, there was nothing like 9 claim of pre: rogetive on the part of the Hxecutize, but on the other hand « Constitutional and sound deposit of powers in him by Congress, Mr. M. hoped the notion to strike oat would net prevail Mr. Gaxss thought the sectioa might be re- tained, and yet the inconvenience apprehended by the gentleman from Connectisut be obviated bya small amendinent, to wit: by adding after the word manner, "not imeonsietent with the Consti- tation of the United States.” Mr.G. bad no fears, ‘of tae exercise of the powers vested in the Presi= dent by this bill, or that he woald not concur ia relinguishing them when Congress may establish ‘a temporary government for the territory. If the gentleman from Conecticut withdrew his mo~ tion, be swould offer the amendment he had stated. ‘Mr. Dana said if the amendinent proposed by. the gentleman from Pennsylvania were inserted, i nightimply that we may pass laws that were tn- constitutional; it was, therefore, superfiuous. It fs objeated to the seope of the seeond section, that it is Unconstitutionaly insert the araendment and Jit nullifes it. ‘The gentleman from New York, Mr. Micowitt) has refersed to a subject with Which he is well conversant. He is correct in Stating that the formal style of the English acts is in the name of the King. In the formal syle of the acts of Parliament, the King fs legistaror but ori it be infereed from this cicsumstanee that hie is the real legislator? The gentlemaa is too swell acquainted with the constitution and law= of that country not to know that the King, though nominally the dispencar of justice, eannothimselt sit agon the bench, and that this has been the cece sinee the act of settlement. He might, in sapport of this pesition, refer to the deelaration of a cele- brated Chie? Justice of Kingland, who had saidthat the honor of the Crown had nothing to do with the courts of justice . fe gentleman is equally unfortunate in iis re- ipcks ame power of Congres to make rls fr the government of a territory. [tis objecte thin that inthis case you make no faves at all. Bs ic to make laws, 10 say a man may do 46 racter. ‘The spirit and meaning of tho bill went pleases? ‘The proposed government is not even505 HISTORY OF CON IRESS. 506 Oeronsa, 1808. provisional or eiroumnceribed. Tasafficient also is Any argament deducible from the ordinance et- tablish ng territorial goveraments. He presumed the ordinance alluded to was that of 1787. Un~ der that ordinance the President is authorized to appoint the judges of the territory ; but once ap- ted they hold ‘heir ofces oucing good. Yo. faviour. Who, under that ordinance, make the laws? Neither the judges nor the President. No laws can be accepted but such as have received the sanction of a tapresonintive body. What it proposed by the bill? That all powers, military, Eivily and judicial, exercised by the officers of the existing government, shall bo vested in such pet- Sons, and shzll be exereised io such manner as the President shall direct. He may, uoder thie au- thority, establish the whole code of Spanish laws, howerér contrary to our own; appoint whomso- ever he pleases ao judges, end remove them ac- cording t his pleasure; thus uniting in himself all the power, Legislative, Executive, and Judi tial. "This, though a complete despotism, gentle- men may perhaps say is necessary. If s0, let the military power be exercised by the President as Commaniler-in-Chiet of the armies. ‘Mr. Vanxeor observed, that it seemed to him that gentlemen who had made a Constitutional Sificdlty respecting tho provisions of this bill, and those of the treaty, bad, in their arguments, taken their ground on the same point; and that they were objecting to: the, constitationality of things not within. the Constitution, Duriag the previons discussions, as well ax on this day, he Thought that as to the retention of the free navi- gation of the Mississippi by Spain and France, the sovereignty of the coded territory was not completely vésied ia the United States uotil the fend of twelve years. We acquire the sovereignty ‘over that country under certain terms; we hav ot at once all of it that relates to trade. Phere contd, therefore, be ne ugconstitetionality in ear tying’ the steaty into effect on the ground takea dy gendlemen, fe considered the objections made to the s¢o- ‘ond seetion of the ill under consideration of the same nature. We are told that we are about to authorize the exercise of power over the ceded fertitory not authorized by the Constitution. He swoald ack if the Constitution wore to take effect as soon as the United Scates cake possession of the territory ? Qu this point he would refer to the treaty. Tt provides that the inhabitants of the Needed territory shall be ineerporated in the union of the United States, and admitted aston as pos- ‘gible, How incorporated? By a Legislative net’? No, Sacvording to tho principles ofthe Fede- "ral Constitution, t0 the enjoyment of all. the «hae lvantagen and miles of eaens of | the United Staves; and in the meantime they ‘hall be maintained and protected in the free en SJoyment of vacie Liberty, property, and the rele ‘gion whieh they profess In what meantine ? There is a time when the country is acquired, and a time whan it will be admitted into the Union. Betieen these periods, fn the aoeantime, the people are to enjoy their The Louisiana ‘Treaty. Hook. liberty, property, and the religion which they pro- fae Boi MeV oan Serine. no way of shee enjoying these rights, ubiil admitted into the To Eat by thele cobtaving under The govern- ment Bf the laws of Spain. The Senate have alle provision for carrying into eflect this part of the treaty and it ennnot be sated into eect fo any other'way. Iam, thorefore, against stik~ seg ode the seca, and thinks the arvendment un ‘Ma Berss said the only question before the Cominittee was, whether it was important to take possession ofthis country or at. Ita proper view Be vaken of the proposition of geatlemen oppored to the present measure, though they profess to be the friends of the people of that eratory, it will appear in fact co distranchise them. What will elke effect of striking out the second section of the bill? It the President take possession of the ountry, what wil be the situation of the people? ‘The raoment he takes posession, the Spanish gove ernment ceases, Dy what lavrs then will they bo governed? He bad neverexpected from thatquarter Stube Housesuch a proposition, He had expected from their uniform professions that anatiachtnent to order and good government was with them an | universal sentiment. He hoped, therefore, before | the Gommitiee concurred with ‘them in striking [One ROPLUSS, Some substitace for the govern= J ment of these people would be offered. ir tbuyria ig wpe pee tho bill under consideration might in 1 details be objectioneble, fat ia principle it was certainly sound, he Gov- ramen! of te United States Has 4 Constitational Bent to aequire terriory, and they have conse~ quently aright to take possession of it when acx dotted. ‘Phe aking pose=sioa of it was aot only Height, but the daty of he Governmeat. And how i this to be effeoted? Will any gantleman venture tb propose 2 delay until Congress shall fave passed anew code of laws? Are gentle- Jimen, at this late day, to be informed thet this Would be to throw away one of the most valuable oquisitions thade by our couatry since the adop- tion of the Constitution, or the Declaration of In- dependence? Aa the gentleman, last speaking, Highily observes, the entire government of Spain Ccases on our taking possession. Are we then € Shandon the people to anarchy ? jhe to the erent of the power vested in the Bxecativg, it arises from necessity. ‘Thisisa new | case aligether. ‘Phere is no doabt that on many particulad subordinate potats, respecting the secure Fowession ofthis eoantry.didoulies may present Themselves. But Me. K. presumed and expected that the came wiedom that acquired i, would preside over the councils of the nation to ineet Tid overcome those difienltes. The second sce- tion of the bill contemplate the transfer tocfficers |of the United States, of the seme, powers now Greroivel.. Iemay be that the exercise ofall these powors will not be necessary ; while it is possible Thar others may be necessary. ‘There may be Uibeuliies of various lands. He should, name fone. Bur as they arise i will be the dury of the Goverument to be prepared to mect them.507 HorR. HISTORY OF ‘The Louisiana Troaty, 508 18 CONGRESS. Ocronen, He would, therefore, wish this act rather to in- ferease than curtail them 5 and that the Presidet | should be authorized not only to continue ail ne-| essary existing powers, but tO inetitate such other powers as may be necessary for the well being of| the territory. Till when? Uatil this House and the other branch of the Legislature sbail make the necessary laws. ‘The powers delegated by the bill are imposed by the imperious ciceum-| stances of the case. Whatif foreible possession shall prove nceessary, and the innocent inhabitants | should beslaugh ere through awan tothe powers neeoscary to preserve tranquillity and. goad orders ‘whose will, under such circumstances, will be the governing One? Will not the President, in sueh event, havo all the powers now given him ? Mr. Eustis said he must confoss that the ob- Jectioas made to the temporary govermnent of| the country, arose from 2 quarier, which, by op- posing every step taken to acquire tt, grcatly weal ‘ened. ia his tind, the forse of the arguments urged. He recollected when, daring the last sessivn, two nillions of dollars were proposed to be appropri ated towards the sequisition of this important ob- ject, it had been objected to, on different grounds— Yhere was then no objection to the ronstitition- ality of the acquisition. He shoold not, however, g0 Into a detail of the argaments urged on that Secasion; those who were present well. remera~ Deved them. Those objections were well sur mounted and the territory was aequired. After the acquisition, what were the objections of gene Hlemen ? Odjettions were made that were calew Tated to weaken ovr title, and fo sizengthen that of Spainj and it was farther conteoded that we hhad no Constitutional right to acquite the torr tory. These surmounted, what followed? We ‘were then told that we had no right to guaranty tothe people the tight of eitizenahip, although the fentleman who urged this diftcuiy, answered himself in thesame breath by saying the Constita- lon bad not provided for such a case. ‘That ob jection removed, whai is the last, and present dif- ficulty ? Though called upon to take anmediate poscession of this territory, you are told, you are not to govern it. This isthe amount of the arg ments of gentlomen, for if you do not govern i in this wey, you can govern iv in no other. Mr. E, saw no other alternatives there was no poss bility of any other course. He was, therefore, happy to see nothing in the Constitation that for: bade pursuing it, On the contrary. it arose ime ‘petiously from the aquisition ; and the same ob- Jections that were now sostrenubosly insisted upon, ‘would lead to the adoption of those very moastired whieh had beon seprobated by bot the Legislature, and by a great majority of the American people Mr. Eutior said as he had the misfortune to differ, on this oeeasion, from the gentlemen with whom he generally yoted, he shouid take the lib: ‘erty of stating his objections io the section mored wo bestricken out, “Ho was persuaded there would not be imputed to him, for so doing, the least wish | o embarrass the accomplishment ‘of the impor. branches of | No; the opinions he entertained were dictated by awish to accelerate the taking possession, He would endeavor to show that hie tiew of the sub- jest was that taken by the President of the United States. By the law of nations, on the acquisition of couatry by cession, the laws of the nation ced j ing continue in force until the laws of the nation acquiring the territory supersede them. What then is necessary to carry tis treaty into effete? cis necessary fo mate the appropriations; this the Howse have abendy dete 0 do ele necessary to enable the proper authority 10 take possession of the countrys, ‘Phat is done by the rst section of this bill: Those measures sarry the tay ota lfests aad the emporary gover ment i tmmediately consequent But it is cad it he President is authorized to take possession, and there shall be no other, pro- visioa made by Congress a rllitary governatent will exist, and vrill distarb the rigits of the peor ple as godrantied by the treaty. “No cach thing For the military power will take possesion in sab: ondinavion tothe civil authority, ‘Eo. show that the President entertained this tiew it was oaly necessary toadrett tothe language of his Message A tho eommencoment of the secion, Hl tnere- {a says: “With the ‘wisdom of Coogress jt wil "Test co take those ‘lverior measures which may be notsany forthe immediate occupation, and temporary government of the country. Ttve evident that the President constdersa tem- porary government as one of those ulterior meas Fares! ‘Ia ie sabsequent Meseage, he alludes t0 the same temporary. government as un ulterior thencire. He says, “the ultesor provisions azo taaegeiel i 88 ame commvolaton fo the ceeopation ent! government of the wouniry, «cali for carly attobtion. Such information rela- «Gre tits governmentyas ime and distance Rave « permitted ‘ime to obtain, will be ready to ho laid «Pefore you within a few days.” This informa tion we have nor yet received and itis bat pro- per that we wait for it Mr. B. apprehended no danger from a military goverament; inforination Will be soon communi Gated, and ina few days we will be enabled to vtablish a temporary government on te iaform- ation wo shall have recsived. Hie eauld not resonella the g2eond cestion with the Constitutionof the United States; he believed that the Constitution delegated. the legislative power to Congress, and not to the Presidents and that it not only precluded the President from ex- sereising it, bat Hikewise forbade our delegetion of ito him.’ He repeated, what he had before ob- served, thas he hed full eoatidense in the Pros eats bur he objected to this delegation of power fon principle; he had sworn to support the Con- Stitution. and belicving that, under ity Cougress, and Congress only had the power of'legisiaion, hha must be agtinst dolegating it to the President, Me. BR. Gaiswoun would agree to withdraw his movonforsiing oth asin the tought that the amendment suggested by the gentieman from Pennsylvania {Me- Gavac} could have the tant object cf the secure possession of Louisiang. effvet contemplated ; but he believed it would not509 HISTORY OF CONGRESS, The Louisia ‘Ocroren, 1808. emove his objection, which was, that the powers, Hated in the setion, could net be delegated in the manner proposed; therefore to say, that when dsleguteds hoy shall net be exereised, was eayin Sothiog-ersaytog that chey shovldnot beJelegatel The geitieman from Mavyiand (Mr-Niewotsos) has not taken bis ground with his usual accuracy, Fre hes sal that these powers are not transferred fo the President, but t0 the oflcers appointed by Mon Trae, boi how are they to be executed? Arthe Presilent shall dees; terofore the oliers arco be viewed as under subjestion to the Pres dene and the powers to bs exercised as be shall Gregus Vintglly then they aye to be exercised Sy tae Presiding and aro, ia fact, aosferred to Hons and it we dennot tenets to him the power of legislation and judging in any one territory, sve cdonot inthis and these iva Vilsion ofthe Constitution. “There isanother objection tothe power repesed inthe Bresdentby tigseetion. "Tbe Consenciion Jwovides that «he sbll rominate aod by and with Hesiod enon oe Sate oal appt aubaadors other public minitere and consut adges ofthe Supreme courh end all cthecoficer xe United States, whose appointments are not herein provided for cad which shal be established by law bot the Congress may, by lay vest the appointment of such inferior officers as they think Flopen in ihe Present aloveyin the soerts of law, Bride the, heeds of Departuiont?” Now, by the section of the bill under consideration, power is Bien to tbe Senin to apa a ees Sie province, from the gorsracr down to thelow- teedcer, Gentlemen will act suy that shcotbice Sf governor or judge is one of thelaferior offece Sonemplatedis the Constitution. "They had never Geen to considered. In all_the arrangements of appointments forthe fentoral governments the stew of the Senden ean eee te overoors,judgeo, secretaries, fe. swhereas, thie fistanee, the President 1s clothed with paver co | 2ppeletall the otlcets in the teritoy. He ape Fiakendl ia sacha por could aot be oes “hie bw aid ho had vo wish to stad the enact of the necessary laws for taking pos Saxlon which onght to be itamediately done; and he expected, if this section were strieken out, the wwisiom of Gougress would devise a proper pro- ‘Agentlemen froma Massachasets, (Mr. Everts) not ebotent with iieextensire delegation of povrer Toade by this bills forgiving to the President al Power; the effect of which would be, not only to Bike him Heng, but Grand. Inquisitor likevrve Ms, Hoeves efplained, and sald that he was fr | giving all powers necessary for the welfare of the | Seite. ‘Mr. R. Gatswouv.—The powers proposed to be contsred by whe gentleman are without Tint. | Glinay be nesessary forthe welfare of the people to secure their weligions. The Bresident may be {hoscoce, eoactucel grand inqulsitor, he tay | also be wade King, and Likewise 6 jadge, for the | seal tho people’ Tara noy said Me G,, will | nas Treaty. ng myself to give bim such extensive powers Toa, Rowevervell account for certain gentle: snen orging on this oecsion the old French argue ieic of aperins pee But sch a pre: text oan nefer justy me tn giving 2 Tote that Will violate the Constitution. T eansin truth, see To sven wevessity, at provision ent be made for admitting these prople tothe enjoymentot all the Privileges stipulated by the treaty withoot vole Inga tolatign of the Constitution. -Geatemen may eri inate, as they please, the motives those tbe are for verrainiagthiv extension of zeoue he powers but! truss whatsver may be the Teer fogs of gentlemen that she Commitee will not be Innpresed with the same opinion entertained. by then bu tha i hey consider this delegation of power ab repugnant tothe Constitution, they wil hot agree to i onda other words, to tae invoati= ture Uf the President wih abselite power over {hls provinge. thon the etber tends they think the delegation is Constasional, they wil feel na repuguence to agrecing to 13 bectuse, as be selva elon, thet powet wil be of shortdaraton, and wil nor prcbanly, be abaced “Aa to the en of some gertcmen, that thi seortng, not being a yartof the United. Bates ota sslony, and that therefore we may do az we Please with i itis not eorrect, I we acquire @ Eoiony By eonquester poretnse--and T believe we thay do both ve oot coosteent ith the Comat ttfon fo Celegate to toe President, even oven Calooy thus agquired all power, Legislative, Hae toute, and Judiial; for this roukd exe ira the duefet of the colony. Mr, G2 concladed. his Temanis by gbeerving tt he bad no Jonloosy of thease ef tis power by the Presideat; but nt being, in his opaton, authorized by the Constie thom he eoald not agree to ror fort in Tncxson considered the second. section of th bites repugnant tothe. Constitotion bat if This were note case, he bad other cbjeetions to ie He thoogtt i inportant to ake tinmediate passersion of the county, and was Cenply interest: BG's the repretentatve of constituents who Lived gn the wate congected with the Msscipy sil fre did nor thing t proper to be. premature in ee ting ey goverment Boa te fates fo the taking possesion said Nr Jy let ts {hte adopt innmediately the hecesery meesures Butao fhe ar rolatos (3 tne formation of a gor Eenmaenylet us fake time for ity T would preter Srinteclageamn to. doing anything which should tuiltatsaguinet tho, Censitutiony of. principles that have been long respected. I wish not to adopt the priciplo othe right of this Hone t9 Selegate such extensive powers for even one e273 for if they ponsess te tight of delegating then for ove cars they pocsess the poveseasire rig | of delegating them forever. Let us not then dele- ate them et all. Iie my ish to be consistent, have always been against delegating extensive power tothe Exeeutives and Tknow not of eay Tower 0 extensive before delegated. But gentle Fen say itis incumbent on us to take immediate possesion, "For this the st section ofthe bill is Emply sullicient and Leannot see the ineonve~oll H oF R, HISTORY OF CONGRESS. The Louisiana Treaty. pence of postponing the other part of the bill for a few dayes particulary if tho ies of th gon. emea from Vermont (Mr. Bunton) are correct, that the laws of the eelling eountry will reraaie in force ontil superseded by those of the country that bas acquired the territory. ‘The gentleman from New York sees no danger in giving to the President despotic power over this territary for a Tow days. Mr. Mrrcants explained, and observed that the gentleman bad mistaken his remark, His object {ras to show, that though the power might appear to be despotic, yet that it really was not so, Mr. Jaonaod’ said he untlerstood the geatloman as he bad explained. If the power delegated ‘carted with it sich aw appearanes, it ought to be f suficient reeson for reecting it. ‘The gentleman from Massachusetts (Mr. Var- won) has obserred that we do not acquire the ex Glusive sovereignty of thisterrvory «ll the expie ration of twelve years after the ratification of the Meaty. Ta this opinion T differ trom him, for if we io not powsoss the exclusive coversigaty, it ‘Would be impossible for us 10 legislate, as the act of legislation isthe highest attribute of sovercignty, Wren [recur to the Constitution, I fad tbat though it doos not expressly say, the Legislative, Excoutive,and Jadieial powers shall be dtineta¢ some cansitotions lately formed do, yetitamounis in fact to tbe same thing, by delegating special mowers exclusively to particular departments. 1 eligve also the President to be inital to the ex tension of Hxecative power. Lam not afraid of delegating sueh power, 1 hot ince: the Constitution, because I have so dence in the President, as_to be convinced that hho would not abase it, Bat I beliove principle ought, under all circumstances, to be zespected anil under present eireumstances,thoagh we may aye a President co congenial to our wishes. ‘What, if hereafter we should deem it important to opfose the delezetion of such power? gentle- mea, in favor of such a delegation will say, here | is a precedent set by yourselves, and thus preclude ts, en the score of Gondistency, from eppecing the Tiid intend to say something about the right of the United States to acquire territory ; but the eatleman from Connecticut (Mr. Gimswotn) faring acknowledged thezight to acquire it either by purchase or cession, renders all further re- ‘marks on this point unnecessary, Mr. Snoiuce said, this subject strack him differ- ently from other gentlemen. [fit appeared clear to him that the Constitutional right to delegate the powers contemplated by the second section did not exist, he should vote against it. But he entertained no doubt on this point. Te knewr that Sthad beea doubted whether the Constitation au. thorized the Government. of the United States to aoquire territory 5 but those doubts wero this day abandoned. He agreed in opinion with the geo ‘Jaman from Massachusetts, (Mr. VaRnest) that the Constitution of the United States did not ex- tend to this terttory any farther than they were bound by the compact between the ceding’ power |and the people, On this principle they had a | Fight, viewing fe in the light of a colony, to give inauch government as the Goveroment of the Unie ted. States might think proper, withowt thereby Violating. the Constitation; when incorporated into the Union the inhabitants must enjoy all the vightsof citizets. He would thank gentlemen to showr any_part of the Constitution that extends either Legislative, Exeeutive, or Judicial power, over this territory. [none such could be shown, ie must vest with the diseretion of the Govern: tment to give it such a system as they aay think Mest forit Ar the same time, Me Ssnig, he Would ploiize himself to be amongge fet to in- | conporate te territory in the ions and to admit the people to all the rights of citizens of the Uni- red Brats, Mr. Rooxey.—When a Constitutional ques- tion is made, aad Constitutional objectionsurgod, by a respectable member of this House, they shall always receive from me a respectful attention. On this occasion I shell endeavor to answer the objections, and remove the doubts entertained by some gentlemen, I believe we shall find that, by adopting the second section of the bill under con sideration, we shail not infringe the Constitution, in the remotest degree. No person is more ope posed to the extrerae of absolute and unlimited power, or to vesting im any man that, authority whieh, by not being cireumseribed within known bounds, may be easily abused, No man can be more opposed to the exercise by the President of overs exercised by the Spanish inquisition, and Enthorized. by other Governments: Dut eases || may occur where, fora moment, powers to which, without anabsolute nevesity, no one would agree, become nocewary to be vested income. depart: tment ofthe Goveroments end I am in favor of this section for the reasons assigned by my fend from Virginia, to wit, that the exercise of the povrers delegated will beconfined tea shot! space, ad wil be of no farther duration than shall be neceseary to obiain the end ofa sceure possession the teritory.- Ieisadmied by the geulenan from Connecticut, (Me, Guiswoun,) and ho de- serves faflite houor for the admission, which hows that he has magnanimity to acknowledge an ecor when he discovers ity that the United States havea tight 10 eoquire tscitory by treaty or purchase, ‘The other day the gentleman adwaite Ted theright tosequlre tertory by warltke means; today he goes a. step farther, ond odmits thae whieh enables me co demonstrate that thissection Involves no violation of the Constitution. ‘Me. Guiswous expluined.—Ele wished, once for all, fo state what he had staced 03 a previous oe fasion, and what he had stated that day. Hee did Smnit‘that the United States might acquize trri= toey by war or porcbase; and he bod always ad- Ke, the sa ba hey could nok by treaty admit forciga country ond incorporate iWin the Union, ithe gentleman from Dela- ware considers these rematke as inconsistent, he BS welcorae to the opinions Mr. Rooane I thaok the gencleman from Contecticat for his explanation, ‘The observa513 HISTORY OF CONGRESS. 514 cron, 18 The Lesiana Treaty Bak. GonsTwassinu tamale voce no oorqeped | shin eae I aprennd tar ie danger of Fa ee eae he gendenan’ The | syuse by Representatives towig fons tate TF United States, itis acknowledged, have « right to extend their territory beyond that whieh they pes: sesod when the Censiitution was formed. “If then, there exist the right to acquire territory there is a consequence of the laws that pervade all civilized nations, which will show not only the constitutionality but the propriety also of this section. It is a received prinoiple of the nations, that, when territory is ceded, the people ‘who inhabit ie have a right to the laws they for- therly lived under, embracing the whole civil and eriminal eode, uaiil they are alverell or amended ‘by the countiy to whom the cession is made. ‘This is the received principle of the law of na- tions, and operates wherever the right to acquire territory is previously given. Twill pat a plain ‘ease, on the ground s0 commonly of late resorted 46, that of acquiring territory by war. ‘The right te'rmake war Is vested by the Constitution in the Governinent of the United States. Suppore we had gone down the Mississippi, and favored the ‘rishes of some of our citizens. Would not gen- Temen, in that case, have acknowledged that we should have possessed the right of laying contri Butions? Should we not have had the right of saying to those who exercised the powers of gov- eenment in that country, “Begone! We will make new arrangements; the powers of goveroment shall. be exercised by suck particular orgaus as we like. “Your laws and your religion shall be preserved ; but your officers stall be replaced by burs.” Under the laws of nations we should have enjoyed all these powers ‘Bat, independent of this power conferred by the law of nations, | am inclined to think the pro visions of the Constitution apply to this ease. here is a wide distinction between States and Territories, and. the Constitution appears elearly to indicate it, By examining the Constitution accurately, it will be foand that the provision re- Tied upon by the geatleman from Connecticut will not avail to support his argument. Te will appear that it is to operate in_the case of States otly.. By the third section of the fourth article Of the Coustitution, it is declared thot “the Con- Pies shall have power to dispose of and make ‘ll needful roles and regulations. respecting the # territory or other property belonging to the ted States ; and nothing in this Constitution “Shall be so construed as to prejidies any claims of the United States or any particular State, ‘This provision does not limit or restrain the an- thority of Goagress with respect to ‘Territories, ‘ut yoots them with full and complete power to exercise a sound diceretion generally on the sub: fect. Let us not be told this power, from its Feeatness, io liable to abuse. If arguments are Geawn from the abuse against the use of power, I mow no porter which inay not be abused, and it vill follow that the same arguments that are urged Against theuse ofthis power may beurged against the nse of all power. If the Constitutional pow- ers given to Congress are abused by their Repre- sentatives, (be people may dismiss chem, Bat on 8th Cos.—17 law of | ‘sorreot ia this construction of the Constitu- it puts an end to the Constitutional objec- tioas urged by geotlemen. ‘They may oppose the present measore as inexpedicnt; but whea we Contemplate the people on whorn it isto operate, we may rest satisfied that they will consider it a¢ beneficial, inasmuch as it does not produce a ior lent change in their habits and laws. "We may be told that, in the government of the Northwestern Territory. there are certain fixed roles established, Buc by a recurrence f0 the or. Givance for the government of that Territory, and tothe laws of Cangress subsequently made, it will be sven that Congress hare conceived themselves 10 be possessed of the right, and have actually ex- ercised the power, to alter the Territory, by ad- ding to or king from it as they thought proper, and by making rules variant from those under hich it was originally organized In the Perritoties of the United States, under the ordinances of Congress, the Governor and the Tudges have a right wormke laws. Could this be done in a State? Iprestme not. It shows that Congress have a power in the Territories, whieh they cannot exoreize in States; and that the lim= itations of power, foond in the, Constitation, are applicable to States and not to Territories. "Phe question was then put on striking out the second section, and lost—ayes 20. Mr, Dana asked if this army, to be raised for the purpose of taking possession ‘of this tereitory, was intended to march out of the United States’? ‘Ar. J. Ranpouox asked, whether Gen. Wayne, with hisarmy,did not gooutof the United States? ‘Ae eet auihorized thera to go out of the United States spate Sayan asked, weber, there was 29% 8 ssged last session tor marching troops out of the United States to New Orleans? He said he twas not then a member of the House, and eould mot correctly asgertain the fact. Mr. DaNs—No power was given to the Presi dent fo march ea army t2 New Orlems, though ayote might have passed to zeise eighty thousand non burl meintsin that they eoold not be com polled fo go out of the United States, Mr. Sanrono understood these eighty thgusand men were intended to take possession of New Orleans by for Mts G. GatewroLy —I wa were voted for to marea to New Orleans. I can~ hot recollect sueh a circumstance. T was in favor of vigorous measures, but I know of 0 such fhe that passed for their going to Nov Orleans “Lhe Committee rose and reported the bil With out amendment. Mr. Raxpouen moved to apiéad the second section, by adding to the end thereol the follow. {ing words: “for imaiutaiging and protecting the Unbebitents of Louisiana in the fall enjoyment af their liberty, property, and religion.” ‘Agreed to without a division, | "he bill was ordered to be engrossed for a third reading tommouow. to know when theyHISTORY OF On motion of Mr. Ranpoura, Resolved, ‘Lhat 20 moch of the Presiden’s Mi sage as relates to permanent arrangemenis for ibe government of Louisiana, be referred to a select committee. ‘Ordered, That Mr. Raxnocen, Mr. Rana, Mr. Hoos, Mr. G. Gniswouo, and Mr. Buorsezn, be appointed a commitiee, pursuant to the said reso- lution. Fainay, October 28. | ‘A potition of Williaca Pancoast, of Georgetown, in the District of Columbia, was presented to the House and read, praying that a patent may be ‘granted to him for a quaniity of vacant land in this Histcict, a warrant of survey for which was ob- tained by the petitioner from the land office of the State of Maryland, and placed in the hands of the Surveyor of Prince George’s county, in the said | Biate, who refused t execute the satae previous | to the period when Congress assumed the jaris-| Giction of the Distriet of Columbia, ‘Ordered, That the said petition be referred to Mr. Lora, bit, Tuostrsox, and Mr. Phas they do examine the matter thereof, and same, with theie opinion thereupon, ‘The Srraxra laid before the House a letter and report from the Seeretary of the Treasury, accom panied with a report made to him of the opinion Of the persons employed to take a survey of the harbor in tho island of Nantuelcct, and of the bar and shoals near the same, as to the measures ne- cessary to. seeare a sufficient channel for loaded ips destined for that port; together with an es- timate of the probable expenses, and 2 chart of the said harbor and shoals, in pursuance of @ resolu tion of this House of the sixteenth of February Jagts which were read, and referred to the Com- mittee of Commerce and Manufactures. Me. Rooysy submitted a resolution for the ap. pointment of a commnitice to inguire into the ex- ediency ofextinguishing the clatmsof the Taived States againet several States for balances of debt. Mr. Tomas moved to take the resolution into immediate consideration. Carried—ayes 43, noes 42. reeks ‘Mr. Griswoup moved its reference to a Com- mittee of the Whole, Agreed to ayes 63, noes 245, ‘and it was made the order for Monday next. AMENDMENT TO THE CONSTITUTION. ‘An engrossed resolution for the amendment of the Constitution was read a thied time, follows: “ Resaleed, by the Serta and House of Represeale- tives of the Uniled Slates of Ameria, in Congresn sembled, two-thirds of buth Houses concurring, Thx. ‘the following article be proposed to the Legislatures of the different States, as an amendonent to tie Constitn- tion of the United States : whieh, whenvatifed by three. fourths ofthe eeid Logislatures, chal be valid, te all in fents and. porpoes sa a patt of the said Constitution, “In all fotur eletions of President and Vico Presi dent the Electors shall name in their bellots the person ‘oted forss President, and in distinct ballots the person Amendment to the Constitution. CONGRESS. hot bean inhebitant of the same Stete with themselves. ‘The person voted for a8 President having a majority of the votes of all the Electors appointed shall be the Pre= ident; andif no parson have such majority the, from the five bighest on the list of those voled fr ao Presi dent, the Howse of Representatives shall choose the Preeident in the manner directed by the Constitution, "Phe person having tho greetest number of votes a Vice President shal be the Viee President; and in case of an equal amber of votes fortwo oF more persons for View President, they being the highest on the list, he Benate shall choose the Vice President ftom those having such equal number, in the manner ected by tho Constitation.” Mr, G. Garowouo.—I rise to assfgn the reasons for the vote which T shall give against the reso~ lation now under consideration. When in Com- mittee of the whole House on the same resolution, twas with mucb satisfaction that I heard gene tlemen who advocated theresolotion declare their anxious desive and fall determination not to make any inroad upon the article of the pow under eousideration, so as in any degree to impair the rights and bebelits thereby secured to the smaller Siates. ‘The honorable gentleman from Virginia (Mr. Rawnotra) acknowledged his very great respect for the worthies who formed the Constivation— that our Union wes a Confederation of Statess tnd the result of a compromise berween the seve= tal different States, az States, and that he was the Tast_man who wauld eonsent to take from che smaller States any right or advantage seeuced to them by this article of the Constivation. ‘Should [be able to show that the alteration ow proposed would materiallyaffectthe interestof thestaaller States in the choice of President of the United States, 1 trastthat gentlemen, agreeably to ‘heir publie declarations, will vote with me against the resolution ‘The Constitution of the United States is a compaet formed by the several States to and for the general good. It is well known to have been produced by a spirit of eompromise among the several States; that much dificulty arose ia its formation ; and, perhaps, inno one article of the Constitution, could there have aticen greeter jeal- usies betireen the larger and smaller States than that pointing out the mode of cleeting the Chief Magistrate, “Phe larger Siatey as fs natural 10 suppose, world contend for an election, accordin toldhe numberof inbabitauts ofeach State, ax they thereby would seeure more votes; the smaller States, om the principle that it was a confedera- tion of States, would eontend for an equal vote; that is, 10 vote by States, and not by population of numbers. To seule the dificalay, the present ar- tele was agrcd toand thereby both ofthe above principles, as contended for, by the larger and smaller States, adopted to a° certain extent—the mode being amixtare of both principles. First, it permits the election of President to be by num berss that is, giring each State votes in proportion to its population ; whereby the larger States, con- sidered in their corporate capacity as States, have voted for as Vice Presidents of whom, one at Lona sali the advantage of the smaller States in theit eor-