The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-01-27

time of the Senate will not read the letters OF the Sec
reary of War will, however take the liberty Of hand
ing them to the reporters hat they may oe published
tempt to yndcae the character OF those who admins
tered the that time has been successful or
Mr. SEWER Only one word, sir The senator from
Delaware has referred to the fourth section OF the act as
being intended protect the United States against nva
MIR CLAYTON | referred TO the whole act 1t
avows throughout the purpose for which II was passed
Mr. SEWER. The senator says II avo"s us purpose
Well ask ii any in either country, ever heard or
ever dreamed of time when France and England were
both al peace France intending to invade the United
MT CLAYTON. Yes, sir. ! refer the honorable
senator TO the substance of these letters with which he
seems not all acquainted refer him also to the Ameri
can State Papers, which he has in his possession.
MI SEWER. have read those documents, but
have not drawn the conclusion from them which
the honorable senator from Delaware has drawn. No,
sir; France, expecting rupture with England, was on
the of sending force to protect her commerce Not
having naval force sufficient to cope with England she
The talks about the territory between Natchez
and Baton Rouge. Well, all know that was claimed
by Spain as belonging TO her. And it was with view
only Of protecting her possessions but those OF
Spain also, that she took this pecauton Well this hap
pened in 1902 and il is really remarkable if had eX
peced invasion from France, that earlier and more ell
noticed by Mr. Jefferson in his annual message
Of that year No. SIR France never designed to invade
this country She was our early ally and Win all me
driven into hostes towards this country one mas al
ways been friendly to and hope she ever will be
The documents which he has read show that 1t was the
intention of France in sending troops to this country
solely protect French Louisiana from INVASION by Eng
land before remarked, SIR that is very difficult for
us to ascertain the meaning of act without look
ing back to the circumstances which existed at the time
of it's passage. In this way may discover its object
Another act of similar character, covering up its true
meaning the act puportng to enable the President
TO carry more efficiently our diplomatic intercourse
between this country and foreign powers, when in reality
the intention OF the act was to enable the President
to purchase Louisiana. Now it happens, far as my
argument is concerned that these not at all APP
plcable to the TO which the senator designed to
ply them for ! have endeavored to show-and shall
probably endeavor to show It againhat our title to the
country between the Nueces and the Rio Grande, which
the senator has assimlaea to the to which he has
referred is clear regret this controversy; but think
when the senator looks upon dispassionately ne Will
admit that have good claim, as said before and
cannot obtain rights by negotiation and purchase,
will be compelled from the necessity of the case, to
MI CLAYTON will only say, sir, that in looking
into the documents which have called the attention
of the Senate, find that there is much additional evil
dence There many other letters which, if the honor
able senator will examine Them will perfectly convince
him that France entertained deliberate design seize
upon that region of countryhat it was favorte object
with her for long period and that there every
son to believe on the part OF Mr. Llvngsten and he so
to his government, that the French Emperor
entertained this project and he refused to give any in
formation as to the object OF the expedition or any ex
to claim. Mr. Livingston had every to believe that
the territories of the United States in danger That
the object and the only object of the act of March,
1903, to protect the territories of the United States Sir
Mr.. PEARCE. The senator from Arkansas having re-
ferred to controversy between him and myself at the
last session OF Congress, the Senate will indulge me-
hope not in arguing the question afresh but in estatng
what then endeavOred to maintain.
1t will be recolleced that the senator from North Caro-
lima Mr. BADGER had charged the President with being
the author of the by ordering the movement of Gen
he considered an act of war; II. sustained himself in
this position by the authority of MIR. Jefferson In 1905
Mr Jefferson informed Congress, by secret message,
that Immediately alter the acquisition OF Louisiana he
had opened negotiations with Spain obtain from that
power the delivery Of certain portions Of louisiana which
she held in violation of the rights transferred to us by
France that his negotiations had been utterly vain that
he could not venture to take possession Of these portions
OF louisiana in the OF Spain because such an
state OF peace to state OF war, which was not within
the constitutional competency OF the Executive, and be-
longed solely to the legislative power.
To this the senator from Arkansas replied that the ex
ample OF MT Madison was contrary TO that of Mr. Jeer
son and tt at Mr. Madison had. Of his own authority,
To this replied that Mr.. Madison did not assume to
have any other authority than that to which Mr. Jefer-
son limited himself The situation Of the Florida par
years after the acquisition of louisiana had driven
out the Spanish authorities in Baton Rouge and had set
% the
things, Mr. Madison had issued his proclamation recitng
these misunderstanding that the territory question
had always been claimed as being within the limits
OF louisiana; that crisis had at length arrived,
subversive of the Spanish authority; and that under
the peculiar circumstances of the case, forbearance
on the part of the United States occupy the territory
in question might be construed into derelction of
their title to which he added, that though the laws of
the United States had not yet been extended over
this territory, yet they had been framed to be
adapted to them, and contemplated their application
to this region at some future time. Congress not
then IN session; but soon they met, Mr.. Madison
laid before them account of his proceedings, which, if
not expressly at all events implicitly, recognised the
paramount authority of the Legislature over the subject
The difference between this and the march of the
troops to the Rio Grande is palpabe. Mr. Madison did
not think himself authorized to upon such parts of
Louisiana still remained in the occupancy of Spain
and consequently the country of the Perdido, and
south OF the State OF Georgia and the Mississippi terrific
ry renamed in possession of these authorities.
In January 1871 Congress passed a secret resolution
declaring that due regard to the safety of the United
States required them to provide for the temporary
patton OF these territories, and subject to negotiation
Mr. Madison would not act without the authority of
Congress. He knew that he could not rghtfuy do
so; and therefore, he asked to be armed with that au
thority, which Congress only could confer The bill
which followed this resolution conformed to it, Still
Mr.. Madison did not suppose the contingency had ar
rived until in 1913, when the secret of July II was
passed, which authorized the President to tax posses
sion OF the Perddo country Then. and then only did
Mr. Madison employ the military force of the United
States for thus purpose. Now, the difference is this
Mr. Polk, while Congress in session. and without
their authority and without invoking their constitutional
power, BY his own authority seized upon the valley
of the Rio Grande while Mr. Jefferson considered that
such his part would exceed his power because