Saturday, October 22.
The following Message was received from the President of the United States:
To the Senate and House of Representatives of the United States:
In my communication to you of the 17th instant, I informed you that conventions had been entered into with the Government of France for the cession of Louisiana to the United States. These, with the advice and consent of the Senate, having now been ratified, and my ratification exchanged for that of the First Consul of France in due form, they are communicated to you for consideration in your Legislative 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 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:
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, 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 30th 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 and Navy of the United States, and of the force authorized by an act passed the 3d 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 necessary: And so much of the sum appropriated by the said act as may be necessary is hereby appropriated for the purpose of carrying this act into effect; to be applied under 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,
Mr. Clinton said that, as the resolution was but now printed, and laid before the Senate, it might be proper to refer it to Monday for further consideration, but if it was requisite, by the rules of the Senate, that the resolution must have three separate readings, and on three different days, he should call for a second reading on Saturday, that it might be in readiness for a 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. Something 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 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.