Part 272

Louisiana, boundaries of, 8; bill to authorize President to take possession as passed, 9; note, 9; message relative to transfer of, 40; erection of into two Territories, bill for reported in the Senate, 39; further considered, 40, 41, 42, 43.

Louisiana Treaty, bill in the Senate to authorize the creation of eleven millions of stock for the purpose of carrying into effect the treaty with France, 9; question--shall the bill pass, 9; three months after the delivery of notifications to pay this money--where then is the necessity for haste, 9; time enough when we find ourselves in possession of the territory, 9; Spain considers herself injured, and may not agree to the cession, even if she cannot prevent it, 9; she considers that France violated the contract with her, and therefore she is absolved, 9; if the money is to be paid on the responsibility of the President, why put that responsibility upon him, and cast it off from ourselves, 10; why make him sole judge of the safe delivery, 10; doubtful if the French prefect can peaceably give possession, 10; his Spanish Majesty is hostile to it, and will the Spaniards acquiesce? 10; important that we should have New Orleans, but as to Louisiana, this new, immense, unbounded world, it cannot be incorporated into the Union without an alteration of the constitution, and will be the greatest curse that could befall us, 10; if we own the province it would be settled by people who would otherwise settle our present territory--thus removed an immense distance, they will scarcely ever feel the rays of the General Government, their affections become alienated, they will view us as strangers, and form distinct interests, 10; have territory enough, 10; dangers of its possession to us, 11; two acts necessary to be performed to carry the present treaty into effect, 11; the French are to deliver possession, and we to pay the money, 11; who shall judge if the French faithfully comply with this agreement, 11; the bill authorizes the President to receive the territory, but why delegate this power to him? 11; Congress will be in session at the time of the cession, if the French faithfully perform, then will be the time to vote the money, 11; grounds to apprehend that the French Government has not capacity to convey, 11; is not the Spanish King’s proclamation and his orders to his officers to deliver to France a title? 11; the question of consideration in the treaty of St. Ildefonso is settled in the ninth article, 12; Spain will not venture a war with the United States, 12; is this a Legislative or Executive business? 12; certainly the latter, and authority should be vested in the President, 12; the possession of the ceded territory is a condition precedent to the payment of money, 12; none of the stock authorized by this bill can be transferred until possession is given, 12; this possession is defined in the bill, 12; the treaty violates the constitution, and cannot be binding, 13; the President and Senate are not competent to incorporate the inhabitants of Louisiana as citizens of the United States, 13; assent of each State necessary for the admission of a foreign country as an associate in the Union, 13; the consent of each member in a commercial house is necessary to admit a new member, 13; points of the title considered, 13; two objections have been made to the treaty--first, the United States cannot constitutionally acquire territory; second, the treaty stipulates for the admission of a new State into the Union, a stipulation which the treaty-making power cannot comply with, 14; these objections answered, 14; before the Confederation, each State, as sovereign, possessed the right to acquire territory--this is still retained, or has been surrendered to the General Government, 14; the stipulation does not mean that the inhabitants shall be erected into a State, 15.

This bill is designed to carry into effect the treaty between France and the United States, 16; if the treaty is unconstitutional we are not bound to carry it into effect, 16; constitutionality of the treaty examined, 16; if the extent and nature of the treaty-making power is undefined, there are modes of ascertaining it, 16; these modes considered, 16; out of order to re-discuss the merits of the treaty on the passage of this bill, 16; none deny that it is incumbent upon the United States to secure the uninterrupted use of the Mississippi, 17; reasons for voting against the treaty examined, 17; objection to making provision for carrying the treaty into effect arising from the doubtfulness of obtaining complete possession, considered, 18; constitutionality of the treaty examined, 18; difference of views among the opponents of the bill, 19; bill passed, 20.

In the House.--Message from the President stating that ratifications had been exchanged, and provision required for carrying out the treaty, 52; motion to call for papers relative to the treaty, 53; important to know distinctly what had been obtained by the treaty, 53; important to know the relations of Spain to Louisiana, 53; the terms of the treaty examined, 54; its stipulations can be fulfilled only by laws, 54; opponents of this treaty have changed the ground they occupied relative to the British Treaty, 54; statement illustrated, 54; the Spanish correspondence should not be called for, as negotiations already pending with that country, 58; there is no evidence that France has an incontestable title, 55; France only cedes the title which she has, 55; the resolution is opposed as inconsistent with former sentiments, as premature, and as unnecessary, 55; if a majority entertained any doubt as to the validity of the title, they should call for papers, 56; resolution not confined to proper objects, 56; it contemplates an inquiry into subjects totally unconnected with the treaty with France, 56; what has Spain to do in this business? 56; the Executive doubtless has the royal order of Spain to her officers to deliver the province to France, 56; the right of the House to call for papers is not doubted, 56; it is improper to embarrass the business in its present stage by a call for papers, 57; first member of the resolution agreed to, 57; second member lost, 57; amended resolution lost, 57.

Motion for carrying the treaty into effect considered, 61; where is to be found the constitutional power to incorporate the inhabitants into the Union, with the privileges of citizens? 61; if the treaty-making power is exceeded, it is a duty not to carry it into effect, 61; the objections resolve themselves into arguments against the constitutionality and against the expediency of the treaty to be carried into effect, 61; the capacity to acquire territory considered, 61; it is denied that this acquisition has been made in a regular way, 62; report made at a previous session, 62; tenor of the present Administration, 63; better to have the ceded territory on any terms than not to have it at all, 63; the French, 64; immense consequence of the treaty, 65; the question must be decided on the law of nations, 66; the expediency of the treaty considered, 66; has any man shown a breach of the constitution? 67; objections to the resolution urged, 67; why let slip this golden opportunity of acquiring New Orleans? 68; we have now an opening for a free trade with New Orleans, 68; objections examined, 68; it abolishes the discriminating duties of tonnage for a term of years within the territory, giving a preference to France and Spain, 68; similarity in principle of the British Treaty, 70; this grant to France and Spain examined, 70; resolutions reported by the committee and adopted, 72.

Louisiana Cession, in the Senate, bill to enable the President to take possession of the territories ceded by France to the United States, read second time and referred, 7; read third time and passed, 8; note, 8; report of Committee of Conference on the amendments of the House, 9; Senate recede, 9; bill as passed, 9; note, 9.

In the House, the bill to enable the President to take possession of Louisiana, from the Senate, considered, 72; although this power necessary, there is no cause for giving to the President the latitude as to time so extensive as that proposed, 72; amendment limiting the time moved, 72; moved to strike out the whole section to which the amendment applies, 73; explanation relative to the powers of the present officers of the province required, 73; such a delegation of power unconstitutional, 73; no objection can exist to the section under the limitation proposed, 73; necessity for the United States to take possession of the territory in the capacity of sovereigns in the same extent as that of the existing government, 73; no one can inform us what the powers proposed to be given are, 74; the powers repugnant to the constitution, 74; the question is whether we shall take immediate possession of this country or wait until we have time to form such a government as will be most likely to make the people happy, 74; does the second section violate the constitution? 74; we have purchased the country and made arrangements to pay, and possession is to be taken, when objection is made to the part of the statute authorizing the President to act, 74; the principle of the bill is sound, if some details are objectionable, 75; this point further debated, 76; motion to strike out lost, 77; bill passed, 77. See Index, vol. 2.

Louisiana Territory, bill to erect and provide for the government of, considered, in the House, 144; objection to giving the Governor a right to prorogue the Legislative Council, 144; also to giving the President power to appoint the Legislative Council, 144; provision should be made for the election of a legislative body by the people, 144; moved that the committee rise, 144; important to proceed with the bill immediately, 144; a small amendment will remedy the section, 145; better to settle the point respecting the Legislative Council, 145; the principle upon which the Council is organized is the subject of consideration, 145; this form of government is a new thing, but these people differ from the citizens of the United States, 145; the approach of such a people to liberty must be gradual, 145; other considerations respecting the bill advanced, 145; moved to strike out the fourth section of the bill, 146; the section establishes a species of government unknown to the United States, 146; we have three descriptions of government--that of the Union, that of the States, and that of the Territories, 146; note, 146; these people will expect the same form of government as their neighbors, 147; the simple question is, what kind of government is most fitted to them? 147; one grade or the other of the Territorial government the best, 147; the section presents two important questions, 147; these questions stated and considered, 147; no danger of giving this people too much liberty, 147; a detestable calumny that man is not fitted for freedom, 147; who can conceive the people of Louisiana, having just thrown off their chains, as fitted to make laws? 147; this plan is superior to the first grade of Territorial government, 148; the second grade better than that proposed in the bill, 148; amendment proposed to fifth section, 152; cannot establish courts in the Territory on any other terms than in the States, 152; can be constituted only as courts of the United States, 152; note, 152; amendment moved to inhibit the admission of slaves into Louisiana, as well from the United States as from foreign places, 157; agreed to, 157; other amendments proposed and lost, 157; bill read a third time, 157; various motions to recommit lost, 157; bill passed, 158. See Orleans, bill providing for government of the Territory of, vol. 3, p. 166.

Louisiana, commerce of, paper relative to sent to the House with documents relative to General Wilkinson, 666.

Louisiana, purchase of.--See Index, vol. 2.

Louisiana Lead Mines.--Resolution to authorize the President to appoint an agent to obtain information relative to the condition, occupancy, and title of, considered, 287; agents already appointed to explore under a general authority of the President, 287; resolution unnecessary, 288; object to inquire into the occupancy and title of the present owners, 288; a temporary measure, 288; might create dissatisfaction among the people, 288; resolution carried, 288.

LOVE, JOHN, Representative from Virginia, 613; on inquiry into the conduct of General Wilkinson, 652; on the suspension of the embargo, 678.

LOWNDES, THOMAS, Representative from South Carolina, 286; on the resolution to appoint a committee to inquire into the official conduct of Judge Chase, 98; on a tax on imported slaves, 129; on postponement of the bill laying a tax on imported slaves, 140. See Index, vol. 2.

LUCAS, JOHN B., Representative from Pennsylvania, 51, 286; on a tax on imported slaves, 136; on the bill relative to the Louisiana Territory, 146; on the appointment of an agent to collect information relative to the Louisiana Lead Mines, 287; on the Georgia claims, 322.

LYON, MATTHEW, Representative from Kentucky, 50, 384, 502, 614; on the Georgia claims, 336; on inquiry into the conduct of Gen. Wilkinson, 654. See Index, vol. 2.

MACLAY, SAMUEL, Senator from Pennsylvania, 3, 165, 345, 485, 547. See Index, vols. 1 and 2.

MACON, NATHANIEL, Representative from North Carolina, 50, 285, 378, 493; chosen Speaker of the House, 51; address, 51; on the resolution relative to public roads, 84; on a tax on imported slaves, 132; on the bill relative to the Louisiana territory, 146; on improving the navigation of the Potomac, 297, 298, 301; chosen Speaker first session 9th Congress, 346; returns thanks to the House, 378; on laying a tax on imported slaves, 389; on the payment of witnesses on the trial of Chase, 410; on the application of the Society of Harmony, 405; on importations from Great Britain, 445; on the importation of slaves, 499; makes his acknowledgments as Speaker to the House, 546; on fortifications and gunboats, 638; on inquiry into the conduct of Gen. Wilkinson, 646; on home manufactures, 710. See Index, vols. 1 and 2.

MAGRUDER, PATRICK, Representative from Maryland, 377, 493; elected Clerk of the House, 613.

Mail routes proposed by Post-office Committee, 85.

Manhattan Company, petition of President and Directors, 497.

MARSHALL, JOHN, his testimony for the defence on the trial of Judge Chase, 222. See Index, vol. 2.

MARSHALL, WILLIAM, his testimony for the defence on the trial of Judge Chase, 219.

MARTIN, LUTHER, his testimony for the defence on the trial of Judge Chase, 218; further continues the argument for the defence on the trial of Judge Chase, 250.

MARION, ROBERT, Representative from South Carolina, 378, 493, 613; on the importation of slaves, 386, 641; on compensating Capt. Pike, 676; on suspending the act of non-importation, 709.

Maryland, vote for President, 168.

MASON, JOHN THOMPSON, his testimony for the prosecution on the trial of Judge Chase, 209.

MASON, STEVENS T., resolution of Senate on decease of, 9; note, 9.

Massachusetts, vote for President, 168.