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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 them at the last session of Congress, may be resumed and acted on; and the memorial was read, and ordered to lie on the table.

On motion, the resolution proposed on the 22d instant, that the Senate now proceed to the election of a Secretary, and other officers of the ate, was resumed; and, on motion, the further consideration thereof was postponed until the first Monday in October next.

FRIDAY, October 28.

conference desired by the Senate on the subjectmatter of the said amendments, and have appointed managers on their part.

The two bills brought up for concurrence were read, and ordered to the second reading.

Mr. BRECKENRIDGE, from the committee of conSen-ference on the amendments of the House of Representatives to the bill, entitled "An act to enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris on the 30th of April last, and for the temporary government thereof," reported, that the Senate recede from their disagreement to the amendments, and agree thereto, with amendments; and a division of the report was called for.

A message from the House of Representatives informed the Senate that the House have passed the bill, sent from the Senate, entitled "An act to enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris on the 30th of April last, and for the temporary government thereof," with amendments; in which they desire the concurrence of the Sen ate. They have passed a resolution for an amendment to the Constitution of the United States; in which they desire the concurrence of the Senate. The papers last brought up from the House of Representatives were read, and ordered to lie for consideration.

SATURDAY, October 29.

The Senate took into consideration the amendments of the House of Represen'atives to the bill, entitled "An act to enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris on the 30th of April last, and for the temporary government thereof." Whereupon,

Resolved, That they disagree to the said amendments, ask a conference thereon, and that Messrs. BRECKENRIDGE and DAYTON be the managers at the conference on the part of the Senate.

A message from the House of Representatives informed the Senate that the House of Representatives have passed a bill, entitled "An act authorizing the creation of a stock to the amount of eleven millions two hundred and fifty thousand dollars, for the purpose of carrying into effect the convention of the 30th of April, 1803, between the United States of America and the French Republic, and making provision for the payment of the same;" also, a bill, entitled "An act making provision for the payment of claims of citizens of the United States on the Government of France, the payment of which has been assumed by the United States, by virtue of the convention of the 30th of April, 1803, between the United States and the French Republic;" in which bills they

And, on the question to adopt the report, so far as that the Senate recede from their disagreement to the amendments of the House of Representatives, it passed in the affirmative.

And, on the question to adopt the remaining division of the report, it passed in the negative. So it was Resolved, That the Senate recede from their disagreement to the amendments of the House of Representatives to the said bill, and agree thereto.

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And, on the question to agree to the resolution, it passed in the affirmative-yeas 21, nays 10; as follows:

YEAS-Messrs. Anderson, Bailey, Baldwin, Breckenridge, Brown, Butler, Cocke, Condit, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Potter, I. Smith, S. Smith, Stone, White, Worthington, and Wright.

NAYS-Messrs. Adams, Bradley, Dayton, Hillhouse, Olcott, Pickering, Plumer, John Smith, Tracy, and Wells.

The bill, entitled "An act authorizing the creation of a stock to the amount of $11,250,000, for the purpose of carrying into effect the convention of the 30th of April, 1803, between the United

NOVEMBER, 1808.

Proceedings.

States and the French Republic, and making provision for the payment of the same," was read the second time and referred to Messrs. JACKSON, S. SMITH, and BALDWIN, to consider and report thereon.

The bill, entitled "An act making provision for the payment of claims of citizens of the United States on the Government of France, the payment of which has been assumed by the United States, by virtue of the convention of the 30th of April, 1803, between the United States and the Faench Republic," was read the second time, and referred to the committee last named, to consider and report thereon.

TUESDAY, November 1.

Mr. JACKSON, from the committee to whom was referred the bill, entitled "An act authorizing the creation of a stock to the amount of $11,250,000, for the purpose of carrying into effect the convention of the 30th of April, 1803, between the United States and the French Republic, and making provision for the payment of the same;" and to whom also was referred the bill, entitled "An act making provision for the payment of claims of citizens of the United States on the Government of France, the payment of which has been assumed by the United States, by virtue of the convention of the 30th of April 1803. between the United States and the French Republic," reported, that the said bills severally pass without amendment.

Ordered, That the bill last mentioned pass to the third reading.

Mr. WORTHINGTON presented the petition of John Crouse, and others, residents and purchasers of lands in the State of Ohio, praying for certain alterations in the existing laws of the United States, respecting the sale of the public lands; and the petition was read.

Ordered, That it be referred to a committee, to consist of five members, with instructions to inquire if any, and, if any, what, alterations, are necessary in the laws of the United States providing for the sale of the public lands, and that they have leave to report by bill or otherwise; and that Messrs. TRACY, WORTHINGTON, BRECKENRIDGE, BALDWIN, and FRANKLIN, constitute this committee.

The Senate resumed the consideration of the bill, entitled "An act authorizing the creation of a stock to the amount of $11,250,000, for the purpose of carrying into effect the convention of the 30th of April, 1803, between the United States of America and the French Republic, and making provision for the payment of the same ;" and, after debate,

Ordered, That the consideration thereof be postponed.

The following report was taken into consideration:

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 west line, extending through the southerly extreme of Lake Michigan, report,

SENATE.

That it appears from the census taken under the authority of the United States in the year 1800, the territory above described contained three thousand nine hundred and seventy-two free white inhabitants at that

time.

It also appears, from the best information that the committee have been able to obtain, that these inhabitants are separated from the other settlements of the Indiana Territory, by a tract of the Indian country, at least three hundred and fifty miles in extent; and that ritory, and place of residence of the Governor and other officers appointed to govern the same, is still more distant.

Vincennes, the seat of Government of the Indiana Ter

The committee are of opinion, that the local situation of the inhabitants of Detroit, and of the adjacent settlements, requires the special attention of the General Government, for reasons too obvious to every one, who will examine their geographical situations, to be enumerated.

On the one side, their settlements adjoin to, and are bounded by, the British Province of Canada; and on the other sides, are wholly encompassed by Indian tribes. Thus situated, and in a quarter so interesting to the Union, it is the opinion of the committee, that every accommodation and arrangement which would tend to able the General Government with the least expense to populate and strengthen that quarter, and thereby enmaintain good order, ought to be extended to them. Were even these considerations without any weight, the committee conceive that the unreasonable delays and difficulties which must necessarily exist in the administration of justice, and the other concerns of these inhabitants, detached as they are from Vincennes, the residence of the Governor and other principal officers of the Territory, require that a separate territorial government should be extended to them. Under these impressions your committee respectfully submit the following resolution:

"Resolved, That the prayer of the memorial of Joseph Harrison and others ought to be granted, and that all that portion of the Indiana Territory which lies north of a line drawn east from the southernmost extreme of Lake Michigan, until it intersects Lake Erie, and west from the said southernmost extreme of Lake Michigan until it shall intersect the Mississippi river, shall form a separate Territory, and that the said Territory shall, in all respects, be governed by, and according to, the principles and regulations contained in "An ordinance for the Government of the Territory of the United States Northwest of the river Ohio," passed on the 13th day of July, 1787."

And the report was adopted.

report be instructed to prepare and bring in a bill Ordered, That the committee who made the accordingly.

A motion was made, that it be,

cle of the, Constitution of the State of Ohio be referred Resolved, That the sixth section of the seventh artito a committee, to consist of - members, with instructions to examine and report thereon, by bill or

otherwise.

And it was agreed that this motion lie for consideration.

WEDNESDAY, November 2.

On motion, it was agreed that the motion made yesterday for a committee to examine the seventh

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article of the Constitution of the State of Ohio be withdrawn; and that the following resolution be adopted:

Resolved, That the proposition of the convention of the State of Ohio to the Congress of the United States of America, contained in the sixth section of the seventh article of the constitution of that State, be referred to a committee, with leave to report thereon by bill or other

wise.

Ordered, That it be referred to Messrs. WORTHINGTON, BRECKENRIDGE, and FRANKLIN, the committee who, on the 21st of October last, had under consideration the petition of Joseph Harrison and others, to consider and report thereon to the Senate.

The bill, entitled "An act making provision for the payment of claims of citizens of the United States on the Government of France, the payment of which has been assumed by the United States by virtue of the convention of the 30th of April, 1803, between the United States and the French Republic," was read the third time, and passed. On motion,

"That a committee be appointed to confer with the Postmaster General on the expediency or inexpediency of extending and furthering the carriage of the mail of the United States in covered or stage carriages:" Ordered, That this motion lie for consideration.

LOUISIANA TREATY.

The Senate resumed the second reading of the bill, entitled "An act authorizing the creation of a stock to the amount of eleven millions two hundred and fifty thousand dollars, for the purpose of carrying into effect the convention of the 30th of April, 1903, between the United States of America and the French Republic, and making provision for the payment of the same;" and having amended the bill

On the question, Shall the bill pass?

NOVEMBER, 1803.

our business unnecessarily, and perhaps unwisely; it is showing on our part a degree of anxiety that may be taken advantage of and operate to our injury, and that may serve to retard the accomplishment of the very object that gentlemen seem to have so much at heart. It is not at present altogether certain that we shall ever have occasion to use this stock, and it will be time enough to provide it when the occasion arises, when we see ourselves in the undisturbed possession of this mighty boon, or wherefore are we allowed these three months credit after the delivery of possession? The ratifications have been already exchanged; the French officer who is to make the cession is said to be at New Orleans, and previous to the adjournment of Congress we shall know with certainty whether the First Consul will or can carry this treaty faithfully into operation. We have already passed a bill authorizing the President to take possession, for which I voted, and it will be time enough to create this stock and to make the other necessary arrangements when we find ourselves in possession of the territory, or when we ascertain with certainty that it will be given to us.

But, Mr. President, it is now a well known fact, that Spain considers herself injured by this treaty, and if it should be in her power to prevent it, will not agree to the cession of New Orleans and Louisiana to the United States. She considers herself absolved from her contract with France, in consequence of the latter having neglected to comply with certain stipulations in the Treaty of St. Ildefonso, to be performed on her part, and of having violated her engagement never to transfer this country into other hands. Gentlemen may say this money is to be paid upon the responsibility of the President of the United States, and not until after the delivery of possession to us of the territory; but why cast from ourselves all the 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 to act more understand the payment of this 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 necessary provisions on our part for carrying the treaty into execution, if it should be deemed necessary.

The motion for postponement being stated, Mr. WHITE rose and made the following remarks:

Mr. President, by the provisions of the bill before us, and which are thus far in conformity with the words of the treaty, we have until three months after the exchange of ratifications and the delivery of possession to pay this money in. Where, then, is the necessity for such haste on this subject? It seems to me to be anticipating

part of France as should justify to the people of this country the payment of any, and much less so enormous a sum of money. What would the case be, sir? It would be buying of France authority to make war upon Spain; it would be giving the First Consul fifteen millions of dollars to stand aloof until we can settle our differences with His Catholic Majesty. Would honorable gentlemen submit to the degradation of purchasing even his neutrality at so inconvenient a price? We are told that there is in the hands of the French Prefect at New Orleans a royal order of His Catholic Majesty, founded upon the Treaty of St. Ildefonso, for the delivery of possession of this

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

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NOVEMBER, 1803.

The bill on your table gives to the President this power. I am for our retaining and exercising it ourselves. I may be asked, why not delegate this power to the President? Sir, I answer by inquiring why we should delegate it? To us it properly belongs; and, unless some advantage will be derived to the United States, it shall not be transferred with my consent. Congress will be in session at the time that the delivery of the ceded territory takes place; and if we should then be satisfied that the French have executed with fidelity that part of the treaty which is incumbent

SENATE.

The Louisiana Treaty.

lessened the consideration. Viewing, Mr. President, this subject in any point of light-either as it regards the territory purchased, the high con sideration to be given, the contract itself, or any of the circumstances attending it, I see no necessity for precipitating the passage of this bill; and if this motion for postponement should fail, and the question on the final passage of the bill be taken now, I shall certainly vote against it.

Mr. JACKSON rose, and was replying at length to Mr. WHITE, when he was called to order by the Chair, as having departed from the question of postponement, in which decision, notwithstand-upon them first to perform, I pledge myself to vote ing Mr. WHITE had also departed, and some members expressed a wish that Mr. J. should proceed, he immediately acquiesced, and sat down.

The further consideration of the bill was postponed until to-morrow.

THURSDAY, November 3.

A message from the House of Representatives informed the Senate that the House have passed a bill, entitled "An act making an appropriation for carrying into effect the seventh article of the Treaty of Amity, Commerce, and Navigation, between the United States and His Britannic Majesty," in which they desire the concurrence of the Senate.

The bill was read and ordered to the second reading.

LOUISIANA TREATY.

The bill, entitled "An act authorizing the creation of a stock to the amount of eleven millions two hundred and fifty thousand dollars, for the purpose of carrying into effect the convention of the 30th of April, 1803, between the United States of America and the French Republic, and making provision for the payment of the same," was read the third time; and, having been amended, on the question, Shall this bill pass as amended?

Mr. WELLS said: Mr. President, having always held to the opinion that, when a treaty was duly made under the constituted authorities of the United States, Congress was bound to pass the laws necessary to carry it into effect; and as the vote which I am about to give may not at first seem to conform itself to this opinion, I feel an obligation imposed upon me to state, in as concise a manner as I can, the reasons why I withhold my assent from the passage of this bill.

There are two acts necessary to be performed to carry the present treaty into effect-one by the French Government, the other by our own. They are to deliver us a fair and effectual possession of the ceded territory; and then, and not till then, are we to pay the purchase money. We have already authorized the President to receive possession. This co-operation on our part was requisite to enable the French to comply with the stipulation they had made; they could not deliver unless somebody was appointed to receive. In this view of the subject, the question which presents itself to my mind is, who shall judge whether the French Government does, or does not, faithfully comply with the previous condition?

for the payment of the purchase money. This appears to me, arguing upon general principles, to be the course which ought to be pursued, even supposing there were attending this case no particular difficulties. But in this special case are there not among the archives of the Senate sufficient documents, and which have been withheld from the House of Representatives, to justify an not invested with the capacity to convey this apprehension that the French Government was property to us, and that we shall not receive that kind of possession which is stipulated for by the treaty? I am not permitted, by the order of this body, to make any other than this general reference to those documents. Suffice it to say that they have strongly impressed me with an opinion that, even if possession is rendered to us, the territory will come into our hands without any title to justify our holding it. Is there not on the face of this instrument itself some marks of suspicion? You find in the treaty not a single word relating to any substantial consideration to be paid by the United States. It says that the "First Consul of the French Republic, desiring to give to the United States a strong proof of his friendship, doth hereby cede to the said United States, in the name of the French Republic, forever and ' in full sovereignty, the said territory, with all its rights and appurtenances, as fully and in the same manner as they have been acquired by the French Republic, in virtue of the above-mentioned treaty concluded with His Catholic Ma'jesty." It is true you perceive in the ninth article of the treaty a general reference to two conventions, signed at the same time with the treaty, which respect the payment of money by the United States to France, and which we regard as the only consideration for the territory ceded to us. Let us attend to the words of this article:

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"The particular convention, signed this day by the respective Ministers, having for its object to provide for the payment of debts due to the citizens of the United States by the French Republic, prior to the 30th September, 1800, is approved, and to have its execution in the same manner as if it had been inserted in this present treaty, and it shall be ratified in the same form and in the same time, so that the one shall not be ratified distinct from the other.

"Another particular convention, signed at the same time time as the present treaty, relative to a definitive rule between the contracting parties, is in the like manner approved, and will be ratified in the same form, and in the same time, and jointly."

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