1803.
LOUISIANA LEGISLATION.
119
By similar acts they governed both. Jefferson, in his special Message of October 23, requested Congress to make "such temporary provisions . . . as the case may require." A select committee, Randolph being chairman, immediately reported a Bill, emanating from the Executive.
- "It was a startling Bill," was the criticism [1] of a man who shared in much legislation, "continuing the existing Spanish government; putting the President in the place of the King of Spain; putting all the territorial officers in the place of the King's officers, and placing the appointment of all these officers in the President alone without reference to the Senate. Nothing could be more incompatable with our Constitution than such a government,—a mere emanation of Spanish despotism, in which all powers, civil and military, legislative, executive, and judicial, were in the Intendant General, representing the King; and where the people, far from possessing political rights, were punishable arbitrarily for presuming to meddle with political subjects."
The Federalist immediately objected that the powers conferred on the President by this bill were unconstitutional. The Republicans replied, in effect, that the Constitution was made for States, not for territories. Rodney explained the whole intent of his party in advocating the bill: "It shows that Congress have a power in the territories which they cannot exercise in the States, and that the limitations of power found in the Constitution are applicable to
- ↑ Examination of the Decision of the Supreme Court in the case of Dred Scott. By Thomas H. Benton, p. 55.
