ing the objections and apprehensions of many individuals, of many wise, able, and excellent men, in various parts of the Union, yet, such is the public favor attending the transaction which commenced by the negotiation of this treaty, and which I hope will terminate in our full, undisturbed, and undisputed possession of the ceded territory, that I firmly believe, if an amendment to the Constitution, amply sufficient for the accomplishment of every thing for which we have contracted, shall be proposed, as I think it ought, it will be adopted by the legislature of every state in the Union. We can, therefore, fulfil our part of the convention, and this is all that France has a right to require of us. France can never have a right to come and say, "I am discharged from the obligation of this treaty, because your President and Senate, in ratifying, exceeded their powers;" for this would be interfering in the internal arrangements of our government. It would be intermeddling in questions with which she has no concern, and which must be settled altogether by ourselves. The only question for France is, whether she has contracted with the department of our government authorized to make treaties; and this being clear, her only right is to require that the conditions stipulated in our name be punctually and faithfully performed. I trust they will be so performed, and will cheerfully lend my hand to every act necessary to the purpose; for I consider the object as of the highest advantage to us; and the gentleman from Kentucky himself, who has displayed, with so much eloquence, the immense importance, to this Union, of the possession of the ceded country, cannot carry his ideas farther on the subject than I do.
With these impressions, sir, perceiving in the first objection no substantial reason requiring the postponement, and in the second no adequate argument for the rejection, of this bill, I shall give my vote in its favor.
Mr. TRACY. It is unreasonable to suppose that Congress should, by a majority only, admit new foreign states, and swallow up, by it, the old partners, when two thirds of all the members are made requisite for the least alteration in the Constitution.
Dr. MITCHELL. The 3d section of the 4th article of the Constitution contemplates that territory and other property may belong to the United States. By a treaty with France, the nation has lately acquired title to a new territory, with various kinds of public property on it and annexed to it. By the same section of the Constitution, Congress is so clothed with the power to dispose of such territory and property, and to make all needful rules and regulations respecting it. This is as fair an exercise of constitutional authority as that by which we assemble and hold our seats in this house. To the title thus obtained, we wish now to add the possession; and it is proposed, for this important purpose, the President shall be empowered.
[Note. Jefferson himself (under whose auspices the treaty was made) was of opinion that the measure was unconstitutional, and required an amendment of the Constitution to justify it. He accordingly urged his friends strenuously to that course; at the same time he added, "that it will be desirable for Congress to do what is necessary in silence;" "whatever Congress shall think necessary to do, should be done with as little debate as possible, and particularly so far as respects the constitutional difficulty;" "I confess, then, I think it important, in the present case, to set an example against broad construction by appealing for new power to the people. If, however, our friends shall think differently, certainly I shall acquiesce with satisfaction, confiding that the good sense of our country will correct the evil of construction, when it shall produce ill effects."
His letter to Dr. Sibley, (in June, 1803,) recently published, is decisive that he thought an amendment of the Constitution necessary. Yet he did not hesitate, with
