SENATE.] Amendment to the Constitution. TUESDAY, October 18. PIERCE BUTLER, appointed a Senator by the Legislature of the State of South Carolina, for the unexpired time for which the late John Ewing Colhoun was elected to serve, produced his credentials, which were read, and the oath required by law was administered to him by the President. JAMES JACKSON, from the State of Georgia, attended. The credentials of SAMUEL SMITH, a Senator from the State of Maryland, were read. FRIDAY, October 21. JOHN QUINCY ADAMS, appointed a Senator by the Legislature of the State of Massachusetts, for six years, commencing the 4th day of March last, produced his credentials, which were read; and the oath required by law was administered to him by the President. [OCTOBER, 1803. same communication, for the occupation and government of the country, will call for early attention. Such information relative to its government as time and distance have permitted me to obtain, will be ready to be laid before you in a few days. But, as permanent arrangements for this object may require time and deliberation, it is for your consideration whether you will not forthwith make such temporary provisions for the preservation, in the meanwhile, of order and tranquillity in the country, as the case may require. TH. JEFFERSON. OCT. 21, 1803. The Message was read, and, together with the papers therein referred to, ordered to lie for consideration. Agreeably to notice given yesterday, Mr. BRECKENRIDGE had leave to bring in a bill to enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris on the 30th of April last, and for other purposes; which bill was read, and ordered to the second reading. The bill is in the following words: Mr. CLINTON, after a few prefatory observations on the necessity of designating the persons, severally, whom the people should wish to hold the offices of President and Vice-President of the United States, and stating that the State which he represented, as well as others in the tives of the United States of America, in Congress asBe it enacted by the Senate and House of RepresentaUnion, had, through the medium of their Le-sembled, That the President of the United States be, gislatures, strongly recommended the adoption of the principle, laid on the table the following motion, which he read; and it was made the order of the day for the next day, and printed. [The amendment proposed by Mr. Clinton grew out of the attempt in the House of Representatives to elect Mr. Burr President, and to prevent such attempt in future, in the event of an equality of votes between the two highest on the list, it required the electors to discriminate between the presidential and vice-presidential office, and name the persons voted for for each.] Mr. BRECKENRIDGE gave notice, that he should, to-morrow, ask leave to bring in a bill to enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris on the 30th of April last, and for other purposes. SATURDAY, October 22. The following Message was received from the and he is hereby, authorized to take possession of and occupy the territories ceded by France to the United States by the treaty concluded at Paris, on the 30th day of April last, between the two nations; maintain in the said territories the authority of the and that he may for that purpose, and in order to United States, employ any part of the Army and Navy of the United States, and of the force authorized by an act passed the 3d day of March last, enmilitia of the United States, and for erecting certain titled "An act directing a detachment from the arsenals," which he may deem necessary: And so much of the sum appropriated by the said act as may of carrying this act into effect; to be applied under be necessary is hereby appropriated for the purpose the direction of the President of the United States. SEC. 2. And be it further enacted, That until Congress shall have made provision for the temporary government of the said territories, all the military, civil, and judicial powers exercised by the officers of the existing government of the same, shall be vested in such person or persons, and shall be exercised by and in such manner, as the President of the United States shall direct. Amendment to the Constitution. The order of the day being called for on Mr. CLINTON'S motion of yesterday, of Representatives of the United States: In my communication to you of the 17th instant, Mr. CLINTON said that, as the resolution was I informed you that conventions had been entered in- but now printed, and laid before the Senate, it to with the Government of France for the cession of might be proper to refer it to Monday for furLouisiana to the United States. These, with the ad- ther consideration, but if it was requisite, by the vice and consent of the Senate, having now been rules of the Senate, that the resolution must ratified, and my ratification exchanged for that of the First Consul of France in due form, they are comhave three separate readings, and on three difmunicated to you for consideration in your Legisla-ferent days, he should call for a second reading tive capacity. You will observe that some important conditions cannot be carried into execution, but with the aid of the Legislature; and that time presses a decision on them without delay. The ulterior provisions, also, suggested in the on Saturday, that it might be in readiness for å third reading on Monday, and be ultimately acted upon that day, as the Legislatures of Tennessee and Vermont were in session, and probably must be at the trouble of an extra session to act upon the amendment, unless it could be sent to them before they separated. Mr. BROWN, of Kentucky, the President pro tem. of the Senate, said the written rule of the Senate determined that bills should have three readings, and on different days, without unanimous consent to the contrary; but the resolutions were not included; and that he should be glad of the opinion of the Senate upon the subject. Mr. TRACY of Connecticut said, that there was no written rule which would reach the case, but the Vice President, upon the ground that they came within the reason of the rule, had determined that all resolutions which required a joint vote of both Houses to give them efficacy, should take the same course as bills, and have three readings, and on different days, before a final vote; and as this resolution went to the alteration of the supreme law of the land, as the constitution was declared to be, he thought it highly requisite to give the deliberations all the solemnity which was required in passing bills. Mr. BRADLEY, of Vermont, then offered two amendments to the resolution; one went to the form only, and the other makes a majority of votes of the electors requisite for the choice of Vice President, and in case such majority is not obtained, places the choice of Vice President in the Senate. Mr. BUTLER, of South Carolina, proposed an amendment by adding a new clause, in substance: "That at the next election of President, no person should be eligible who had served more than eight years, and, in all future elections, no person should be eligible more than four years in any period of eight years." Mr. DAYTON, of New Jersey, moved to refer the resolution, with all the amendments, to a select committee; he said that it was a subject far too important to be carried in this way. There has been no time to consider it. Some thing more was due in this instance, than, as it were, offering it one moment, and deciding upon it the next. Mr. HILLHOUSE, of Connecticut, supported the motion for referring the question to a select committee. He was opposed to entering now upon the business. Why should this subject be hurried? Why not have taken it up last session? we might in that case have had time to consider it. He had not often known a resolution, of the nature of that before the House, disposed of otherwise, in the first instance, than being referred to a committee. He never knew it refused. In a great and free empire, like the United States, this question is of the highest importance-no less than the choice of the First Magistrate. It is laid upon the table to-day, and we are to determine upon it to-morrow. He hoped not, and as he never knew it refused before, he hoped that it would not be adopted now. He wished it to be referred to a select committee; that it should there be examined, line by line, letter by letter. In the present mode of doing business, it is impossible to act [SENATE. with accuracy. He again trusted and hoped that it would be referred to a select committee. Mr. JACKSON, of Georgia, wished the business to be immediately proceeded upon. He was an admirer of Mr. Jefferson; he was happy, and he trusted all were happy, while he was President. But, continued Mr. J., we know not who may follow him; we may have a Buonaparte, or one who will be equally obnoxious to the people. He hoped the motions would be incorporated and immediately come before the House. Mr. WRIGHT, of Maryland, spoke for some time against the resolution going to a committee. He was against the amendment proposed by Mr. BUTLER. A committee might report when they pleased. He therefore thought it necessary to proceed with the question immediately. Mr. SMITH, of Maryland, wished to have some principles fixed. If the motion and amendments were to go to a committee, he would not tack them together, for by this mode they might both be lost. It has been said that the subject might have been entered into last session. There was then a multiplicity of business of importance before the House, yet this subject might have been entered into. As it stands, this is the proper place to make objections. The mover of the resolution does not say that it shall be determined on Monday; he means that it shall then be before the whole House. After some desultory observations, in which one member observed that he thought it disorderly, the question on Mr. BUTLER'S amendment was put-ayes 16, nays 15. A committee was then chosen for the purpose, namely: Mr. BUTLER, Mr. BRADLEY, Mr. CLINTON, Mr. NICHOLAS, and Mr. SMITH. MONDAY, October 24. Louisiana Cession. The bill to enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris on the 30th of April last, and for other purposes, was read the second time and referred to Messrs. BRECKENRIDGE, DAYTON, and BALDWIN, to consider and report thereon. Amendment to the Constitution. Mr. BUTLER, from the committee, to whom was referred, on the 22d inst., the motion for an amendment to the Constitution of the United States, made report, which was read.. Mr. DAYTON moved to strike out all which respected the appointment of a Vice President. He said the great inducements of the framers of the constitution to admit the office of Vice President was, that, by the mode of choice, the best and most respectable man should be designated; and that the electors of each State should vote for one person at least, living in a different State from themselves; and if the substance of the amendment was adopted, he thought the office had better be abolished. Jealousies were natural between President and Vice President; no heir apparent ever loved the person on the throne. With this resolution for an amendment to the constitution we were left with all the inconveniencies, without a single advantage from the office of Vice President. Mr. CLINTON.-The obvious intention of the amendment proposed by the gentleman from New Jersey, is to put off or get rid of the main question. It would more comport with the candor of the gentleman to meet the question fairly. Can the gentleman suppose that the electors will not vote for a man of respectability for Vice President? True, the qualifications are distinct, and ought not to be confounded; this will stave off the question till the Legislatures of the States of Tennessee and Vermont are out of session, and the object must be very obvious. Mr. DAYTON.—The custom of the gentleman from New York has been of late to arraign motives instead of meeting arguments; on Saturday he accused me of wishing to procrastinate, and now the same is repeated. The reasons of erecting the office are frustrated by the amendment to the constitution now proposed; it will be preferable, therefore, to abolish the office. Mr. CLINTON.-The charge of the gentleman from New Jersey is totally unfounded that I arraign motives, and do not meet_arguments. On Saturday the gentleman accused me of precipitation; I am not in the habit of arraigning motives, as this Senate can witness, and the charge is totally untrue. [OCTOBER, 1803. Mr. BRECKENRIDGE, from the committee to whom was referred, on the 24th instant, the bill to enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris on the 30th of April last, and for other purposes, reported it without amendment. Ordered, That this bill pass to a third reading. WEDNESDAY, October 26. Louisiana Treaty. The bill to enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris on the 30th of April last, and for other purposes, was read the third time. And, on the question, Shall this bill pass? it was determined in the affirmative— yeas 26, nays 6, as follows: YEAS.-Messrs. Anderson, Bailey, Baldwin, Bradley, Breckenridge, Brown, Butler, Cocke, Condit, Dayton, Ellery, Franklin, Jackson, Logan, Maclay, Stone, Taylor, Wells, White, Worthington, and Nicholas, Potter, I. Smith, J. Smith, S. Smith, Wright. NAYS.-Messrs. Adams, Hillhouse, Olcott, Pickering, Plumer, and Tracy.* SATURDAY, OCTOBER 29. conference on the amendments of the House of Mr. BRECKENRIDGE, from the committee of Representatives to the bill, entitled "An act Mr. NICHOLAS.-To secure the United States from the dangers which existed during the last choice of President, the present resolution was introduced. It was impossible to act upon, or pass the amendment offered by the member from New Jersey, with a full view of all its bearings at this time. It ought not to stand in the way of the resolution reported by the com-sissippi, it is bounded eastwardly, by the middle of the mittee, for two-thirds or three-quarters of the State Legislatures would be in session in two or three months; the Senate had, therefore, better not admit the amendment, even if convinced that it was correct, because it might jeopardize the main amendment of discriminating. Mr. BUTLER moved a postponement until Wednesday, because the amendment was important, and he had not had sufficient time to make up his mind. Mr. WORTHINGTON said the same. This motion was seconded. *Boundaries of the Province of Louisiana, as contained in a paper communicated by Mr. Jefferson to Congress. The precise boundaries of Louisiana, westward of the Mississippi, though very extensive, are at present involved in some obscurity. Data are equally wanting to assign with precision its northern extent. From the source of the Mischannel of that river, to the thirty-first degree of latitude; thence, it is asserted, upon very strong grounds, that, according to its limits, when formerly possessed by France, it stretches to the east as far, at least, as the river Perdido, which runs into the bay of Mexico, eastward of the river Mobile. It may be consistent with the view of these notes to remark, that Louisiana, including the Mobile settlements, was discovered and peopled by the French, whose monarchs made several grants of its trade, in particular to Mr. Crozat, in 1712, and some years afterwards, with his acquiescence, to the well-known company projected by Mr. Law. This company was relinquished in the year 1781. By a secret con vention, on the od November, 1762, the French Government ceded so much of the province as lies beyond the Mississippi, as well as the island of New Orleans, to Spain; and, by the treaty of peace which followed in 1763, the whole territory of France and Spain, eastward of the middle of the Missisriver and the lakes Maurepas and Pontchartrain to the sea, was ceded to Great Britain. Spain having conquered the Floridas from Great Britain, during our Revolutionary war, they were confirmed to her by the Treaty of Peace of 1784. The question for postponement was taken, sippi, to the Iberville, thence, through the middle of that and lost-ayes 15, noes 16. The amendment of Mr. DAYTON was now before the Senate. A motion for adjournment was now made By the Treaty of St. Ildefonso, of the 1st of October, 1800, and carried-ayes 16, noes 15. TUESDAY, October 25. JOHN SMITH, appointed a Senator by the Legislature of the State of Ohio, attended and produced his credentials, which were read, and the oath required by law was administered to him by the President. His Catholic Majesty promises and engages on his part to cede back to the French Republic, six months after the full and entire execution of the conditions and stipulations therein contained, relative to the Duke of Parma, "the colony or province of Louisiana, with the same extent that it actually has in the hands of Spain, that it had when France possessed it, and such as it ought to be after the treaties subsequently entered into between Spain and other States." This treaty was confirmed and enforced by that of Madrid, of the 21st of March, 1801. From France it passed to us by the Treaty of the 30th of April last, with a reference to the above clause as descriptive of the limits ceded. NOVEMBER, 1803.] The Louisiana Treaty. 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. WEDNESDAY, November 2. Louisiana Treaty. [SENATE. the bill, entitled "An act authorizing the creaThe Senate resumed the second reading of tion 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 On the question, Shall the bill pass? Mr. WHITE rose and made the following remarks: And, on the question to adopt the report, so far as that the Senate recede from their disa-making provision for the payment of the same;" and having amended the billgreement 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.* *The bill thus passed was in these words: "That the President of the United States be, and he is hereby, authorized to take possession of, and occupy the territories ceded by France to the United States, by the treaty concluded at Paris on the thirteenth day of April last, between the two nations, and that he may for that purpose, and in order to maintain in the said territories the authority of the United States, employ any part of the army or navy of the United States, and of the force authorized by an act passed the third day of March last, entitled "An act directing a detachment from the militia of the United States, and for erecting certain arsenals," which he may deem ne cessary; and so much of the sum appropriated by the said act as may be necessary, is hereby appropriated for the pose of carrying this act into effect; to be applied under the direction of the President of the United States. pur SEC. 2. And be it further enacted, That until the expiration of the present session of Congress, unless provision for the temporary government of the said territories be sooner made by Congress, all the military, civil, and judicial powers exercised by the officers of the existing government of the same, shall be vested in such person and persons, and shall be exercised in such manner, as the President of the United States shall direct, for maintaining and protecting the inhabitants of Louisiana in the free enjoyment of their liberty, property, and religion." From the terms of this act, and especially of the second section, it is seen that the Spanish system of government was continued in the ceded territory after it became the property of the United States, and that the military, the civil, and judicial powers of the Spanish Intendants (for France never took possession of the country except to deliver it to the United States), were transferred by law to such persons as the President should appoint. The powers of the Spanish Intendants, as all know, were an emanation of the despotic power of the kings of Spain, and wholly incompatible with our constitution-a very clear declaration of Congress that the constitution did not extend to the territory, and that its inhabitants could claim no rights under it: and this declaration was in consonance with all the previous acts for the government of territories, all of which were inconsistent with the constitution. before us, and which are thus far in conformity Mr. President, by the provisions of the bill with the words of the treaty, we have until three months after the exchange of ratifications and the delivery of possession to pay this money in. Where, then, is the necessity for such haste on this subject? It seems to me to be anticipating our business unnecessarily, and perhaps unwisely; it is showing on our part a degree of anxiety that may be taken advantage of and operate to our injury, and that may serve to retard the accomplishment of the very object that gentlemen seem to have so much at heart. It is not at present altogether certain that we shall ever have occasion to use this stock, and it will be time enough to provide it when the occasion arises, when we see ourselves in the undisturbed possession of this mighty boon, or wherefore are we allowed these three months' credit after the delivery of possession? The ratifications have been already exchanged; the French officer who is to make the cession is said to be at New Orleans, and previous to the adjournment of Congress we shall know with certainty whether the First Consul will or can carry this treaty faithfully into operation. We have already passed a bill authorizing the President to take possession, for which I voted, and it will be time enough to create this stock and to make the other necessary arrangements when we find ourselves in possession of the territory, or when we ascertain with certainty that it will be given to us. But, Mr. President, it is now a well-known fact, that Spain considers herself injured by this treaty, and if it should be in her power to prevent it, will not agree to the cession of New Orleans and Louisiana to the United States. She considers herself absolved from her contract with France, in consequence of the latter having neglected to comply with certain stipulations in the Treaty of St. Ildefonso, to be performed on her part, and of having violated her engagement never to transfer this country into other hands. Gentlemen may say this money members, adjourning the two houses, and attending the funeral in procession, had not then been adopted. A mourning for thirty days (which was the length of time which the children of Israel wept for the death of Moses in the ValThe practice of pronouncing eulogiums on deceased ley of Moab), was the simple and expressive sign of respect. SENATE.] The Louisiana Treaty. [NOVEMBER, 1803. to suppose that the French Prefect, provided the Spaniards should interfere, can give to us peaceable possession of the country? He is acknowledged there in no public character, is clothed with no authority, nor has he a single soldier to enforce his orders. speak now, sir, from mere probabilities. I wish not to be understood as predicting that the French will not cede to us the actual and quiet possession of the territory. I hope to God they may, for possession of it we must have-I mean of New Orleans, and of such other positions on the Mississippi as may be necessary to secure to us for ever the complete and uninterrupted navigation of that river. This I have ever been in favor of; I think it essential to the peace of the United States, and to the prosperity of our Western country. But as to Louisiana, this new, immense, unbounded world, if it should ever be incorporated into this Union, which I have no idea can be done but by altering the constitution, I believe it will be the greatest curse that could at present befall us; it may be productive of innumerable evils, and especially of one that I fear even to look upon. Gentlemen on all sides, with very few exceptions, agree that the settlement of this country will be highly injurious and dangerous to the United States; but as to what has been suggested of removing the Creeks and other nations of Indians from the eastern to the western banks of the Mississippi, and of making the fertile regions of Louisiana a howling wilderness, never to be trodden by the foot of civilized man, it is impracticable. The gentleman from Tennessee (Mr. CocкE) has shown his usual candor on this subject, and I believe with him, to use his strong language, that you had as well pretend to inhibit the fish from swimming in the sea as to prevent the population of that country after its sovereignty shall become ours. To every man acquainted with the adventurous, roving, and enterprising temper of our people, and with the manner in which our Western country has been settled, such an idea must be chimerical. The inducements will be so strong that it will be impossible to restrain our citizens from crossing the river. Louisiana must and will become settled, if we hold it, and with the very population that would otherwise occupy part of our present territory. Thus our citizens will be removed to the immense distance of two or three thousand miles from the capital of the Union, where they will scarcely ever feel the rays of the General Government; their affections will become alienated; they will gradually begin to view us as strangers; they will form other commercial connections, and our interests will become distinct. is to be paid upon the responsibility of the President of the United States, and not until after the delivery of possession to us of the territory; but why cast from ourselves all the responsibility upon this subject, and impose the whole weight upon the President, which may hereafter prove dangerous and embarrassing to him? Why make the President the sole and absolute judge of what shall be a faithful delivery of possession under the treaty? What he may think a delivery of possession sufficient to justify the payment of this money, we might not; and I have no hesitation in saying that if, in acquiring this territory under the treaty, we have to fire a single musket, to charge a bayonet, or to lose a drop of blood, it will not be such a cession on the part of France as should justify | to the people of this country the payment of any, and much less so enormous a sum of money. What would the case be, sir? It would be buying of France authority to make war upon Spain; it would be giving the First Consul fifteen millions of dollars to stand aloof until we can settle our differences with His Catholic Majesty. Would honorable gentlemen submit to the degradation of purchasing even his neutrality at so inconvenient a price? We are told that there is in the hands of the French Prefect at New Orleans a royal order of His Catholic Majesty, founded upon the Treaty of St. Ildefonso, for the delivery of possession of this territory to France; but which has never been done the precedent conditions not having been performed on the part of France. This royal order, it is probable, will be handed over to our Commissioner, or to whoever may be sent down to receive possession. We may then be told that we have the right of France, as she acquired it from Spain, which is all she is bound by her treaty to transfer to us; we may be shown the Spaniards, who yet claim to be the rightful owners of the country, and be told that we have the permission of the First Consul to subdue or drive them out, and, according to the words of the treaty, to take possession. Of our capacity to do so I have no doubt; but this we could have done, sir, six months ago, and with one-sixth of fifteen millions of dollars, when they had wantonly violated the sacred obligations of a treaty, had insulted our Government, and prostrated all the commerce of our Western country. Then we had, indeed, a just cause for chastising them; the laws of nations and of honor authorized it, and all the world would have applauded our conduct. And it is well known that if France had been so disposed she could not have brought a single man or ship to their relief; before the news could have reached Europe, she was blockaded in her own ports by the British fleet. But that time was per- These, with other causes that human wisdom mitted to go by unimproved, and instead of re- may not now foresee, will in time effect a sepagretting the past, let us provide for the future. ration, and I fear our bounds will be fixed nearAdmitting then, Mr. President, that His Cath-er to our houses than the waters of the Missisolic Majesty is hostile to the cession of this territory to the United States, and no honorable gentleman will deny it, what reasons have we sippi. We have already territory enough, and when I contemplate the evils that may arise to these States, from this intended incorporation |