Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
proof to the committee that no such bounds existed, or do now exist, was
altogether incomprehensible and inadmissible. For, if the constitution
meant the practical limits of the United States, the extent of country
which we then _possessed_--our recent acquisitions, on the side of
Canada and the Natchez, could not be defended. But, sir, said Mr. R.,
my position is not only maintainable by the reason of the constitution,
but by the practice under it. Congress have expressed, in their own
acts, a solemn recognition of the principle, that the United States, in
their federative capacity, may acquire, and have acquired, territory.
It will be recollected, that adverse claims once existed between the
United States and the State of Georgia, in relation to a certain tract
of country between the northern boundary of the Spanish possessions and
what we contended was the southern limit of Georgia--the United States
asserting that the country in question was the property of the United
States, in their confederate capacity, and the State of Georgia claiming
it as hers. Although I have always advocated the claim of that State,
it never was on the principle of an incapacity in the United States to
acquire territory, or any other which affects the question now before
us. It is true, sir, we appointed commissioners to settle the matter
in dispute, amicably, with Georgia; but in the mean time we assumed
the jurisdiction, erected a government over the country, and thereby
established the principle that the United States, as such, could acquire
territory; the country in question, as we contended, never having been
included within the limits of any particular States, and being ceded to
the Confederacy by the Treaty of 1783. But perhaps it may be answered,
that this acquisition, being made anterior to the date of the present
constitution, cannot affect any limitation or restriction, which it may
have provided in relation to this subject; and that to prove that the
old confederation could acquire territory, is not to prove the same
capacity in the present system of Government. To this I reply, that the
constitution contains no such expressed limitation, nor can any be fairly
inferred from it: and that if the old confederation--a mere government of
States--a loosely connected league--all of whose powers, with many more,
are possessed by the present Federal Government--if this mere alliance of
States could rightfully acquire territory in their allied capacity, much
more is the existing Government competent to make such an acquisition. To
me the inference is irresistible.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account