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SENATE.

Proceedings.

OCTOBER, 1803.

Resolved, That a committee be appointed to pre-desire the concurrence of the Senate. They inpare the process to compel the attendance of John sist on their amendments to the bill, entitled "An Pickering, to answer the charge exhibited against him act to enable the President of the United States by the House of Representatives at their last session.” to take possession of the territories ceded by France

Ordered, That this motion lie on the table. to the United States, by the treaty concluded at Mr. Logan presented the memorial and peti- Paris on the 30th of April last, and for the temtion of the Illinois and Ouabache Land Compa- porary government thereof;" and agree to the nies, praying that the memorial presented by conference desired by the Senate on the subjectthern at the last session of Congress, may be re- matter of the said amendments, and have appointsumed and acted on; and the memorial was read, ed managers on their part. and ordered to lie on the table.

The two bills brought up for concurrence were On motion, the resolution proposed on the 22d read, and ordered to the second reading. instant, that the Senate now proceed to the elec- Mr. BRECKENRIDGE, from the committee of contion of a Secretary, and other officers of the Sen-ference on the amendments of the House of Repate, was resumed; and, on motion, the further resentatives to the bill, entitled "An act to enable consideration thereof was postponed until the first the President of the United States to take possesMonday in October next.

sion 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 gove Friday, October 28.

ernment thereof,” reported, that the Senate recede A message from the House of Representatives from their disagreement to the amendments, and informed the Senate that the House have passed agree thereto, with amendments; and a division the bill, sent from the Senate, entitled "An act 10 of the report was called for. enable ihe President of the United States to take And, on the question to adopt the report, so far possession of the territories ceded by France to as that the Senate recede from their disagreement ihe United States, by the treaty concluded at to the amendments of the House of RepresentaParis on the 30th of April last, and for the tem- tives, it passed in the affirmative. porary government thereof,” with amendments; And, on the question to adopt the remaining in which they desire the concurrence of the Sen division of the report, it passed in the negative. ate. They have passed a resolution for an amend- So it was Resolved, That the Senate recede ment to the Constitution of the United States; from their disagreement to the amendments of in which they desire the concurrence of the Senate. the House of Representatives to the said bill, and

The papers last brought up from the House of agree thereto. Representatives were read, and ordered to lie for consideration.

MONDAY, October 31.

On motion, it was
SATURDAY, October 29.

Resolved, unanimously, That the members of The Senate took into consideration the amend the Senate, from a sincere desire of showing every ments of the House of Represen'atives to the bill, mark of respect due to the memory of the Hon. entitled "An act to enable the President of the STEVENS THompson Mason, deceased, late a United States to take possession of the territories member thereof, will go into mourning for him ceded by France to the United States, by the one month, by the usual mode of wearing a crape treaty concluded at Paris on the 30th of April around the left arm. last, and for the temporary government thereof."

On motion, that it be Whereupon,

Resolved, That the Senate is penetrated with the full Resolved, That they disagree to the said amenu- sense of the merit and patriotism of the late SAMUEL menis, ask a conference thereon, and that Messrs. Adams and Eumond Pendleton, deceased, and that BRECKENRIDGE and Dayton be the managers at

the members thereof, do wear a crape on the left arm the conference on the part of the Senate.

for one month, in testimony of the national gratitude A message from the House of Representatives and reverence towards the memory of those illustrious informed the Senate that the House of Repre

patriots. sentatives have passed a bill, entitled "An act au- And, on the question to agree to the resolution, thorizing the creation of a stock to the amount of it passed in the affirmative-yeas 21, nays 10; as eleven millions two hundred and fifty thousand follows: dollars, for the purpose of carrying into effect the YEAS—Messrs. Anderson, Bailey, Baldwin, Breckconvention of the 30th of April, 1803, between the enridge, Brown, Butler, Cocke, Condit, Ellery, FrankUnited States of America and the French Repub- lin, Jackson, Logan, Maclay, Nicholas, Potter, I. Smith, lic, and making provision for the payment of the S. Smith, Stone, White, Worthington, and Wright. same;" also, a bill, entitled "An act inaking pro

Nays-Messrs. Adams, Bradley, Dayton, Hillhouse, vision for the payment of claims of citizens of the Olcott, Pickering, Plumer, John Smith, Tracy, and United States on the Government of France, the Wells. payment of which has been assumed by the Uni- The bill, entitled “ An act authorizing the creted States, by virtue of the convention of the ation of a stock to the amount of $11,250,000, for 30th of April, 1803, between the United States the purpose of carrying into effect the convention and the French Republic;" in which bills they l of the 30th of April, 1803, between the United

NOVEMBER, 1808.
Proceedings.

SENATE. States and the French Republic, and making pro- That it appears from the census taken under the auvision for the payment of the same," was read thority of the United States in the year 1800, the terthe second time and referred to Messrs. Jackson, ritory above described contained three thousand nine S. SMITH, and Baldwin, to consider and report hundred and seventy-two free white inhabitants at that tbereon.

time. The bill, entitled "An act making provision for

It also appears, from the best information that the the payment of claims of citizens of the United committee have been able to obtain, that these inhabiStates on the Government of France, the pay: Indiana Territory, by a tract of the Indian country, at

tants are separated from the other settlements of the ment of which has been assumed by the United least three hundred and fifty miles in extent; and that States, by virtue of the convention of the 30th of Vincennes, the seat of Government of the Indiana TerApril

, 1803, between the United States and the ritory, and place of residence of the Governor and other Faench Republic,” was read the second time, and officers appointed to goveru the same, is still more referred to ihe committee last named, to consider distant. and report thereon.

The committee are of opinion, that the local situa

tion of the inhabitants of Detroit, and of the adjacent Tuesday, November 1.

settlements, requires the special attention of the GenMr. Jackson, from the committee to whom eral Government, for reasons too obvious to every one, was referred the bill, entitled "An act authorizing who will examine their geographical situations, to be the creation of a stock to the amount of $11,250,- enumerated. 000, for the purpose of carrying into effeci the

On the one side, their settlements adjoin to, and are convention of the 30th of April, 1803, between bounded by, the British Province of Canada ; and on the United States and the French Republic, and the other sides, are wholly encompassed by Indian tribes. making provision for the payment of the same;"> Union, it is the opinion of the committee, that every

Thus situated, and in a quarter so interesting to the and to whom also was referred the bill, entitled accommodation and arrangement which would tend to "An act making provision for the payment of populate and strengthen that quarter, and thereby enclaims of citizens of the United States on the able the General Government with the least expense to Government of France, the payment of which maintain good order, ought to be extended to them. has been assumed by the United States, by virtue Were even these considerations without any weight, of the convention of the 30th of April 1803. be the committee conceive that the unreasonable delays tween the United States and the French Repub- and difficulties which must necessarily exist in the adlic,” reported, that the said bills severally pass ministration of justice, and the other concerns of these without amendment.

inhabitants, detached as they are from Vincennes, the Ordered, That the bill last mentioned pass to residence of the Governor and other principal officers the third reading.

of the Territory, require that a separate territorial govMr. WORTHINGTon presented the petition of ernment should be extended to them. Under these John Crouse, and others, residents and purchasers impressions your committee respectfuliy submit the folof lands in the State of Ohio, praying for certain lowing resolution : alterations in the existing laws of the United Harrison and others ought to be granted, and that all

Resolved, That the prayer of the memorial of Joseph States, respecting the sale of the public lands; that portion of the Indiana Territory which lies north and the petition was read. Ordered, That it be referred to a committee, to Lake Michigan, until it intersects Lake Erie, and west

of a line drawn east from the southernmost extreme of consist of five members, with instructions to in

from the said southernmost extreme of Lake Michigan quire if any, and, if any, what, alterations, are until it shall intersect the Mississippi river, shall form a necessary in the laws of the United States pro- separate Territory, and that the said Territory shall, in viding for the sale of the public lands, and that all respects, be governed by, and according to the printhey have leave to report by bill or otherwise ; ciples and regulations contained in “An ordinance for and that Messrs. TRACY, WORTHINGTON, BRECK | the Government of the Territory of the United States ENRIDGE, Baldwin, and FRANKLIN, constituie this Northwest of the river Ohio,” passed on the 13th day committee.

of July, 1787." The Senate resumed the consideration of the And the report was adopted. bill, entitled "An act authorizing the creation of Ordered, That the committee who made the a stock to the amount of $11,250,000, for the pur- report be instructed to prepare and bring in a bill pose of carrying into effect ihe convention of the

accordingly. 30th of April, 1803, between the United States of

A motion was made, that it be, America and the French Republic, and making

Resolved, That the sixth section of the serenth artiprovision for the payment of the same;" and, af- cle of the Constitution of the State of Ohio be referred ter debate,

to a committee, to consist of members, with inOrdered, That the consideration thereof be structions to examine and report thereon, by bill or postponed.

otherwise. The following report was taken into considera

And it was agreed that this motion lie for contion:

sideration. The committee to whom was referred the memorial of Joseph Harrison and others, resident in that part of the Indiana Territory which lies north of an east and

WEDNESDAY, November 2. west line, extending through the southerly extreme of On motion, it was agreed that the motion made Lake Michigan, report,

yesterday for a committee to examine the seventh

Senate.

The Louisiana Treaty.

NOVEMBER, 1803.

article of the Constitution of the State of Ohio our business unnecessarily, and perhaps unwisely; be withdrawn; and that the following resolution it is showing on our part a degree of anxiety that be adopted:

may be taken advantage of and operate to our Resolved, That the proposition of the convention of injury, and that may serve to retard the accomthe State of Ohio to the Congress of the United States plishment of the very object that gentlemen seem of America, contained in the sixth section of the seventh to have so much at heart. It is not at present alarticle of the constitution of that State, be referred to a together certain that we shall ever have occasion committee, with leave to report thereon by bill or other to use this stock, and it will be time enough to wise.

provide it when the occasion arises, when we see Ordered, That it be referred to Messrs. WORTH- ourselves in the undisturbed possession of this INGTON, BRECKENRIDGE, and Franklin, the com- mighty boon, or wherefore are we allowed these mittee who, on the 21st of October last, had under three months credit after the delivery of possesconsideration the petition of Joseph Ilarrison and sion? The ratifications have been already exothers, to consider and report thereon to the changed; the French officer who is to make the Senate.

cession is said to be at New Orleans, and previous The bill, entitled "An act making provision for to the adjournment of Congress we shall know the payment of claims of citizens of the United with certainty whether the First Consul will or States on the Government of France, the payment can carry this treaty faithfully into operation. of which has been assumed by the United States We have already passed a bill authorizing the by virtue of the convention of the 30th of April, President to take possession, for which I voted, 1803, between the United States and the French and it will be time enough to create this stock Republic,” was read the third time, and passed. and to make the other necessary arrangements On motion,

when we find ourselves in possession of the ter« That a committee be appointed to confer with the ritory, or when we ascertain with certainty that Postmaster General on the expediency or inexpediency it will be given to us. of extending and furthering the carriage of the mail of But, Mr. President, it is now a well known fact, the United States in covered or stage carriages:” that Spain considers herself injured by this treaty, Ordered, That this motion lie for consideration. and if it should be in her power to prevent it, will

not agree to the cession of New Orleans and LouisLOUISIANA TREATY.

iana to the United States. She considers herself The Senate resumed the second reading of the absolved from her contract with France, in conbill, entitled "An act authorizing the creation of sequence of the latter having neglected to comply a stock to the amount of eleven millions two hun- with certain stipulations in the Treaty of St. dred and fifty thousand dollars, for the purpose of Ildefonso, to be performed on her part, and of carrying into effect the convention of the 30th of having violated her engagement never to transfer April

, 1803, between the United States of America this country into other hands. Gentlemen may and the French Republic, and making provision say this money is to be paid upon the responsifor the payment of the same;" aod having amend-bility of the President of the United States, and ed the bill

not until after the delivery of possession to us of On the question, Shall the bill pass ?

the territory; but why cast from ourselves all the Mr. White moved that the further considera- responsibility upon this subject and impose the tion of the bill be postponed until the second Mon-whole weight upon the President, which may day in December next, stating as the ground of hereafter prove dangerous and embarrassing to the motion he had the honor to make, that the him? Why make the President the sole and abquestion was then involved in much difficulty and solute judge of what shall be a faithful delivery doubt. He could not accede to the immediate of possession under the treaty ? What he may passage of the bill—that by the day he had named think a delivery of possession sufficient to justify the Senate would be able io act more understand the payment of chis money, we might not; and I ingly on the subject, as it would then probably be have no hesitation in saying that if, in acquiring ascertained whether we are likely to obtain the this territory under the treaty, we have to fire a quiet possession of New Orleans and Louisiana single musket, to charge a bayonet, or to lose a under the treaty or not, and there would still re- drop of blood, it will not be such a cession on the main a great sufficiency of time to make the ne- pari of France as should justify to the people of cessary provisions on our part for carrying the this country the payment of any, and much less treaty into execution, if it should be deemed ne- so enormous a sum of money. What would the cessary.

case be, sir ? It would be buying of France authorThe motion for postponement being stated, ity to make war upon Spain; it would be giving

Mr. White rose and made the following re- the First Consul filieen millions of dollars to stand marks:

aloof until we can setile our differences with His Mr. President, by the provisions of the bill be- Catholic Majesty. Would honorable gentlemen fore us, and which are thus far in conformity with submit to the degradation of purchasing even his the words of the treaty, we have until three neutrality at so inconvenient a price? We are months after the exchange of ratifications and the told that there is in the hands of the French delivery of possession to pay this money in. Prefect at New Orleans a royal order of His Where, then, is the necessity for such hasie on Catholic Majesty, founded upon the Treaty of this subject ? It seems to me to be anticipating St. Ildefonso, for the delivery of possession of this

NOVEMBER, 1803.

The Louisiana Treaty.

SENATE.

territory to France; but which has never been impracticable. The gentleman from Tennessee done-ihe precedent conditions not having been |(Mr. Cocke) has shown his usual candor on this performed on the part of France. This royal subject, and I believe with him, to use his strong order, it is probable, will be handed over to our language, that you had as well pretend to inhibit Commissioner, or to whoever may be sent down the fish from swimming in the sea as to prevent to receive possession. We may then be told that the population of that country after its sovereignty we have ihe right of France, as she acquired it shall become ours. To every man acquainted from Spain, which is all she is bound by her with the adventurous, roving and enterprising treaty to transfer to us, we may be shown the temper of our people, and with the manner in Spaniards, who yet claim to be the rightful own- which our Western country has been settled, such ers of the country, and be told that we have the an idea must be chimerical. The inducements will permission of the First Consul to subdue or drive beso strong that it will be impossible to restrain our ihem out, and, according to the words of the citizens from crossing the river. Louisiana must treaty, to take possession. Of our capacity to do and will become settled, if we hold it, and with the so I have no doubt; but this we could have done, very population that would otherwise occupy part sir, six months ago, and with one-sixth of fifteen of our present territory. Thus our citizens will millions of dollars, when they had wantonly vio- be removed to the immense distance of two or lated the sacred obligations of a treaty, had in three thousand miles from the capital of the Union, sulted our Government, and prostrated all the where they will scarcely ever feel the rays of the commerce of our Western country. Then we General Government; their affections will behad, indeed, a just cause for chastising them; the come alienated; they will gradually begin to view laws of nations and of honor authorized it, and all us as strangers; they will form other commercial the world would have applauded our conduct. connexions, and our interests will become disAnd it is well known that If France had been so tinct. disposed she could not have brought a single man These, with other causes that human wisdom or ship to their relief; before the news could have may not now foresee, will in time effect a separareached Europe, she was blockaded in her own tion, and I fear our bounds will be fixed nearer to ports by the British fleets. But that time was our houses than the waters of the Mississippi. permitted to go by unimproved, and instead of We have already territory enough, and when I regretting the past, let us provide for the future. contemplate the evils that may arise to these

Admitting then, Mr. President, that His Catho- States, from this intended incorporation of Louislic Majesty is hostile to the cession of this ter- iana into the Union, I would rather see it given ritory io the United States, and no honorable gen- to France, to Spain, or to any other nation of the tleman will deny it, what reasons have we to sup- earth, upon the mere condition that no citizen of pose that the French Presect, provided the Span- the United States should ever settle within its iards should interfere, can give to us peaceable limits, than to see the territory sold for an hunpossession of the country? He is acknowledged dred millions of dollars, and we retain the sovthere in no public character, is clothed with no ereignty. But however dangerous the possession authority, nor has he a single soldier to enforce of Louisiana might prove to us, I do not presume bis orders. I speak now, sir, from mere probabili to say that the retention of it would not have ties. I wish not to be understood as predicting been very convenient to France, and we know that the French will not cede to us the actual and that at the time of the mission of Mr. Monroe, our quiet possession of the territory. I hope to God Administration had never thought of the purthey may, for possession of it we must have-I chase of Louisiana, and that nothing short of the mean of New Orleans, and of such other positions fullest conviction on the part of the First Consul on the Mississippi as may be necessary io secure that he was on the very eve of a war with Eng. to us forever the complete and uninterrupted navi- land ; that this being the most defenceless point gation of that river. This I have ever been in of his possessions, if such they could be called, favor of; I think it essential to the peace of the was the one at which the British would first United States, and to the prosperity of our West- strike, and that it must inevitably fall into their ern country. But as to Louisiana, this new, im- hands, could ever have induced his pride and ammense, unbounded world, if it should ever be in-bition to make the sale. He judged wisely, that corporated into this Union, which I have no idea he had better sell it for as much as he could get can be done but by altering the Constitution. I than lose it entirely. And I do say that under believe it will be the greatest curse that could at existing circumstances, even supposing, that this present befall us ; it may be productive of innu- extent of territory was a desirable acquisition, fifmerable evils, and especially of one that I fear teen millions of dollars was a most enormous sum even to look upon. Gentlemen on all sides, with to give. Our Commissioners were negotiating in very few exceptions, agree that the settlement of Paris-they must have known the relative situathis country will be highly injurious and danger- tion of France and England—they must have ous to the United States; but as to what has been known at the moment that a war was unavoidsuggested of removing the Creeks and other na- able between the two countries, and they knew tions of Indians from the eastern to the western the pecuniary necessities of France and the naval banks of the Mississippi, and of making the fertile power of Great Britain. These imperious cirregions of Louisiana a howling wilderness, never cumstances should have been turned to our ad10 be trodden by the foot of civilized man, it is I vantage, and if we were to purchase, should have

8th Con. -2

SENATE.
The Louisiana Treaty.

NOVEMBER, 1803. lessened the consideration. Viewing, Mr. Presi- | The bill on your table gives to the President ihis dent, this subject in any point of light-either as power. I am for our retaining and exercising it it regards the territory purchased, the high con ourselves. I may be asked, why not delegate this sideration to be given, the contract itself, or any power to the President? Sir, I answer by inquirof the circumstances attending it, I see no neces- ing why we should delegate it? To us it properly sity for precipitating the passage of this bill; and belongs; and, unless some advantage will be deif this motion for postponement should fail

, and rived to the United States, it shall not be transthe question on the final passage of the bill be ferred with my consent. Congress will be in sestaken now, I shall certainly vote against it. sion at the time that the delivery of the ceded

Mr. Jackson rose, and was replying at length territory takes place; and if we should then be to Mr. White, when he was called to order by satisfied that the French have executed with fidelthe Chair, as having departed from the question ity that part of the treaty which is incumbent of postponement, in which decision, notwithstand- upon them first to perform. I pledge myself to vote ing Mr. White had also departed, and some mem- for the payment of the purchase money. This bers expressed a wish that Mr. J. should proceed, appears to me, arguing upon general principles, he immediately acquiesced, and sat down. to be the course which ought to be pursued, even

The further consideration of the bill was post- supposing there were attending this case no parponed until to-morrow.

ticular difficulties. But in this special case are

there not among the archives of the Senate suffi Thursday, November 3.

cient documents, and which have been withheld A message from the House of Representatives from the House of Representatives, to justify an informed the Senate that the House have passed not invested with the capacity to convey this a bill, entitled "An act making an appropriation for carrying into effect the seventh article of the property to us, and that we shall not receive that Treaty of "Amity, Commerce, and Navigation, treaty? I am not permitted, by the order of this

kind of possession wbich is stipulated for by the between the United States and His Britannic body, to make any other than this general referMajesty,” in which they desire the concurrence

ence to those documents. Suffice it to say that of the Senate. The bill was read and ordered to the second they have strongly impressed me with an opinion

that, even if possession is rendered to us, the terreading

ritory will come into our hands without any title LOUISIANA TREATY.

to justify our holding it. Is there not on the face The bill, entitled "An act authorizing the crea- of ihis instrument itself some marks of suspicion ? tion of a stock to the amount of eleven millions You find in the treaty not a single word relating two hundred and fifty thousand dollars, for the to any substantial consideration to be paid by the purpose of carrying into effect the convention of United States. It says that the “First Consul the 30th of April, 1803, between the United States of the French Republic, desiring to give to the of America and the French Republic, and making United States a strong proof of his friendship, provision for the payment of the same,” was read doth hereby cede to the said United States, in the third time; and, having been amended, on the name of the French Republic, forever and the question, Shall this bill pass as amended ? ' in full sovereignty, the said territory, with all its

Mr. Wells said: Mr. President, having always rights and appurtenances, as fully and in the held to the opinion that, when a treaty was duly same manner as they have been acquired by the made under the constituted authorities of the French Republic, in virtue of the above-menUnited States, Congress was bound to pass the ' tioned treaty concluded with His Catholic Malaws necessary to carry it into effect; and as the "jesty.” It is true you perceive in the ninth arvote which I'am about to give may not at first ticle of the treaty a general reference to two conseem to conform itself to this opinion, I feel an ventions, signed at the same time with the treaty, obligation imposed upon me to state, in as con- which respect the payment of money by the Unicise a manner as I can, the reasons why I with- ted States to France, and which we regard as the hold my assent from the passage of this bill. only consideration for the territory ceded to us.

There are two acts necessary to be performed Let us attend to the words of this article: to carry the present treaty into effect-one by the French Government, the other by our own. They respective Ministers, having for its object to provide for

“ The particular convention, signed this day by the are to deliver us a fair and effeciual possession of the payment of debts due to the citizens of the United the ceded territory; and then, and not till then, States by the French Republic, prior to the 30th Separe we to pay the purchase money. We have tember, 1800, is approved, and to have its execution in already authorized the President to receive pos- the same manner as if it had been inserted in this session. This co-operation on our part was re- present treaty, and it shall be ratified in the same form quisite to enable the French to comply with the and in the same time, so that the one shall not be ratistipulation they had made; they could not deliver fied distinct from the other. unless somebody was appointed to receive. In “ Another particular convention, signed at the same this view of the subject, the question which pre- time time as the present treaty, relative to a definitive sents itself to my mind is, who shall judge whe- rule between the contracting parties, is in the like manther the French Government does, or does not, ner approved, and will be ratified in the same form, and faithfully comply with the previous condition in the same time, and jointly."

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