The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-01-12


Tor tue temporary government thereof saal
CONTINUE IN force until the 1st day of Oct
ioo4' any thing therein to the contrary not
"it"s'anuing; on which said first day of DC.
sooer TINS act shall commence, and have
iuii force. and shall continue in force for and
during the term Of one year, and to the end
OF the next session of Congress. which may
nappen thereafter" Let it be recollected
s' AZ 'ne time this last me ntioned act pas
seq, the President had fulfilled his powers,
u"uer .he act OF the S1st October, 1908, so
a as respected the taking possession of
LOUISIANA. Possession had been actually and
formally delivered, and the stock created
ana ansterred TO the French government,
according to the stipulations of the treaty.
Desiues the very nature and design of the
] act OF the Goth March, independent Of the ex-
press limitation, superseded the act of the
31st ofOct. ~ - ''S
but 1t is said,- there are acts of CONGRESS-.
which, though contemplating a present pos
session IN foreign authority, also consem-
pia.e an ultimate possession by the u. S.
s enaer wnicn the proclamation may be justi-
ned' even though the act of the 31st Octo-
I Der should have expired. The acts here W :
Ierred to. understand to be the act of the
94'h feoruary, 1904 for laying and collect
ing duties WITHIN the territories cetied bv
france 10 the y States, the act abovemen,i-
oned OF the Goth of March, erecting I.ou;s;-
ana into Two territories, and the act of rho
: @o March, 1905, authcrising the establish
hen' Oh government IN the territory of o.
ieauS' :imiiar to the government of the M 8.
siss'pPi territory. The President hinself
"u'ii's M ms message at the opening of the
session, that those laws conte mplate a mr.
GEM Possession in a FOREIGN hosvey bnr IL.
FARTHER says, they contemplate an eveptnaI
possession by the U. States. But sir, let me
ask what sort OF possession A possession
oyJoTce No, sir, not a single provision can
DC shewn to Justify such construction Rnt
possession to be obtained 6y friendly nero
am Warranted in this construction. no,
merely by the letter of those laws bv tn a
iaPse OF time s'rce 'heir enactment bur bv
Tue express Official declaration o Mr. Mad
ison himself, while Secretary of State I,
is notorious fact, that when the act of the
24sh OF February passed, the Marouis u
iruJo' then the minster OF his Ca halfc Ma
iJes'y at me u. States n a solemn for. RI
| .eS'ed against thai Law and that MIR. Mad
ison' oy a letter dated on The 10Th If Mach
assured the M Arquis that the provisions re
ia'lng to LOUISIANA 4" would no be extended
beyond the acknowledged limits of the u. s.
until II snail be rendered expedient BY friend
| = sAAcAaa.zn s' Saa adjustments with MS
1
Upon the whole, sir. I have not been a.
Bile TO discover The shadow Of asthorirv on
| the ground OF which the President issued This
proclamafin" He has recited none amidst
an ms recitals, and none appears to me bur
his own mere will and pleasure.
Ihe &c l therefore Cannot view in a,v
other lisht than an una arrantable asSumn
ton OF power and violation of the cons,itn-
eior.
Considering then, sir, this act of the Ex-
ecu'iVe as illegal and unauthorized. we are
| iuiiy at liberty to enter into the discussion of
tue great questions of title and expedjencv
task which will proceed to discharge to
the best OF my ability.
| Inc ilrSt propose to examine is the title
OF tne u@otates TO the territory in question.
| WIN respect to this. perceive, it unfortu
nately happens hat honorable gentlemen
VINO support the bill do not precisely accord
IN sentiment. The gentleman from Yer
mont tMr. Bradley has frankly conceded
eha' the Y. States acquired no title underline
| aIaV OF o. lluefonso. Another gentleman
| VI omi.h OF Nid.) has declared that the u.
ota es DID derive title under that treaty and
dsclaims the title set no by the bonorahIs
gentleman fr Vermont. I shall nor nm
dertake TO decide which of the two gen.le-
mn is night 1t either be, but shall contend.
and humbly expect to prove, that both are
wrong
What rs the nature of the title set I'M nv
the gentleman from Vermonts Not under
the treaty, he has candidly owned bnt he
supposes title to exist on the ground of
CERTAIN qaInt principles of the common law.
reia'ive to the doctrines of estohhai and oc :,
cundncy. lam extremely happy, sir 60 find
mar honorable gentleman Introducing the
common law as authority upon this floor. es
PeciaiIy on SO great an occasion. His doc
trihes Certainly evince both research and in
gehuity, and shew that he, like manv with
"hom ne acts, has not ABSOLUTELY lost his ven.
eratlcn tor the black letter. What are bis
doctrines Why in the first place, he saws
admitting that Spain did uot cedg Florida to
france by the treaty of ST. Ildeionso. and
admit ing that France mad no title 70 Flo,i-
Ga on the 3Oth OF April, 1908 when she ce-
ded Louisiana tn the u. Sta es. yet, as France
mas SINCE acquired title 10 tine crown of
oPaih duu her colonies, and as the Fyen n
Fehipotentlapy, when the treaty ofthe 3Oth
loi april 1898, was executed. did state and
iaauce the American minister to understand
ana believe that Florida was comprehended
~ me cesslop, why The ti,le, though France
nad IT not when the jrea'y was signed. vet
having It subsequently. immediately attach
Ell m the y .. and France is es,ohhed from
saying any thing 10 the conlrdry. This ar
gumen', SIR. begs every thing LIST. That the
declarations on the part of the French minis
ter were made 2dly, That being made. they
would operate 30 pass the tile contrary IN
the express letter of the tre,t,, - -