Monday, January 16.
The Vice President communicated a letter of this date from the Hon. Theodorus Bailey, resigning his seat in the Senate; which was read, and
Ordered, That the Vice President be requested to notify the Executive of the State of New York accordingly.
Transfer of Louisiana.
The following Message was received from the President of the United States:
To the Senate and House of Representatives of the United States:
In execution of the act of the present session of Congress, for taking possession of Louisiana, as ceded to us by France, and for the temporary government thereof, Governor Claiborne, of the Mississippi Territory, and General Wilkinson, were appointed Commissioners to receive possession. They proceeded with such regular troops as had been assembled at Fort Adams, from the nearest posts, and with some militia of the Mississippi Territory, to New Orleans. To be prepared for any thing unexpected which might arise out of the transaction, a respectable body of militia was ordered to be in readiness in the States of Ohio, Kentucky, and Tennessee, and a part of those of Tennessee was moved on to the Natchez. No occasion, however, arose for their services. Our Commissioners, on their arrival at New Orleans, found the province already delivered by the Commissioners of Spain to that of France, who delivered it over to them on the 20th day of December, as appears by their declaratory act accompanying this. Governor Claiborne being duly invested with the powers heretofore exercised by the Governor and Intendant of Louisiana, assumed the government on the same day, and, for the maintenance of law and order, immediately issued the proclamation and address now communicated.
On this important acquisition, so favorable to the immediate interests of our western citizens, so auspicious to the peace and security of the nation in general, which adds to our country territories so extensive and fertile, and to our citizens new brethren to partake of the blessings of freedom and self-government, I offer to Congress and our country my sincere congratulations.
TH. JEFFERSON.
January 16, 1804.
The Message and papers therein referred to were read.
Erection of Louisiana into two Territories.
The Senate resumed the second reading of the bill erecting Louisiana into two Territories, and providing for the temporary government thereof.
On motion to amend the fourth section of the bill, by inserting the following words at the end thereof:
“The Legislative Council, a majority of the whole number concurring therein, shall have power to elect, by ballot, a delegate to Congress, who shall have a seat in the House of Representatives, and shall have the right of debating, but not of voting:”
It passed in the negative—yeas 12, nays 18, as follows:
Yeas.—Messrs. Anderson, Breckenridge, Cocke, Ellery, Logan, Nicholas, Potter, Israel Smith, John Smith, Samuel Smith, Venable, and Worthington.
Nays.—Messrs. Adams, Armstrong, Baldwin, Bradley, Brown, Condit, Dayton, Franklin, Hillhouse, Jackson, Maclay, Olcott, Pickering, Plumer, Stone, Tracy, Wells, and White.
On motion to strike out the fourth section of the bill, as follows:
“Sec. 4. The legislative powers shall be vested in the Governor, and in twenty-four of the most fit and discreet persons of the Territory, to be called the Legislative Council, who shall be selected annually by the Governor from among those holding real estate therein, and who shall have resided one year at least in the said Territory, and hold no office of profit under the Territory, or the United States. The Governor, by and with the advice and consent of the said Legislative Council, or of a majority of them, shall have power to alter, modify, or repeal, the laws which may be in force at the commencement of this act. Their legislative powers shall also extend to all the rightful subjects of legislation; but no law shall be valid which is inconsistent with the Constitution of the United States, with the laws of Congress, or which shall lay any person under restraint, burden, or disability, on account of his religious opinions, declarations, or worship; in all which he shall be free to maintain his own, and not be burdened for those of another. The Governor shall publish throughout the said Territory all the laws which shall be made, and shall, from time to time, report the same to the President of the United States, to be laid before Congress; which, if disapproved of by Congress, shall thenceforth be of no force. The Governor or Legislative Council shall have no power over the primary disposal of the soil, nor to tax the lands of the United States, nor to interfere with the claims to land within the said Territory. The Governor shall convene, prorogue, and dissolve the Legislative Council whenever he may deem it expedient. It shall be his duty to obtain all the information in his power in relation to the customs, habits, and dispositions, of the inhabitants of the said Territory, and communicate the same, from time to time, to the President of the United States.”
It passed in the negative—yeas 12, nays 18, as follows:
Yeas.—Messrs. Adams, Anderson, Cocke, Hillhouse, Olcott, Plumer, Stone, Tracy, Venable, Wells, White, and Worthington.
Nays.—Messrs. Armstrong, Baldwin, Bradley, Breckenridge, Brown, Condit, Dayton, Ellery, Franklin, Jackson, Logan, Maclay, Nicholas, Pickering, Potter, Israel Smith, John Smith, and Samuel Smith.