A Compilation of the Messages and Papers of the Presidents. Volume 4, part 2: John Tyler
History
A Compilation of the Messages and Papers of the Presidents. Volume 4, part 2: John Tyler
Presidents -- United States; Tyler, John, 1790-1862; United States -- History -- Sources; United States -- Politics and government
It is maintained on the part of the United States that the territory
they held on the continent of North America prior to the purchase of
Louisiana and the Floridas was possessed by a title derived from their
own Declaration of Independence on the 4th of July, 1776, the assertion
of that independence in a successful war, and its acknowledgment by
Great Britain as a preliminary to any negotiation for a treaty of peace.
It is admitted on the part of Great Britain that a territory designated
by certain limits was _granted_ to the United States in the treaty of
1783. As a matter of national pride, the question whether the territory
of the original United States was held by the right of war or by virtue
of a grant from the British Crown is not unimportant; as a basis of
title it has not the least bearing on the subject. From the date of the
treaty of 1783 all pretensions of the British Crown to jurisdiction or
property within the limits prescribed by the provisions of that
instrument ceased, and when a war arose in 1812 between the two nations
it was terminated by the treaty of Ghent, in which the original
boundaries were confirmed and acknowledged on both sides.
The treaty of 1783, therefore, is, in reference to this territory, the
only instrument of binding force upon the two parties; nor can any other
document be with propriety brought forward in the discussion except for
the purpose of explaining and rendering definite such of the provisions
of that treaty as are obscure or apparently uncertain.
The desire of full and ample illustration, which has actuated both
parties, has led to the search among neglected archives for documents
almost innumerable, and their force and bearing upon the question have
been exhibited in arguments of great ability. Such has been the talent
shown in this task of illustration and so copious have been the
materials employed for the purpose that the great and only important
question, although never lost sight of by the writers themselves, has
to the eye of the casual observer been completely hidden. In the report
under consideration this distinction between treaties of binding force
and documents intended for mere illustration has not been regarded, and
the vague as well as obviously inaccurate delineations of a French or a
Venetian map maker are gravely held forth as of equal value for a basis
of argument as the solemn and ratified acts of the two nations.
Public-domain text, read in full here on John Shaqi.
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