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
fancied that I could form a more perfect constitution, that dream of the
imagination has long been past. I have long been sincerely and ardently
attached to the constitution.
The treaty before us is of an immense consequence, and my attention was
early turned to the subject. From the moment of my election, I have
devoted many studious and laborious hours to the subjects connected with
it, and I have anticipated all the objections against it; none of those
presented this day by the gentleman from New York, who opened the debate,
or by the gentlemen who followed him on the same side, have struck my
mind as novel. The question of the constitutionality of the treaty first
presents itself. It is said to be unconstitutional, because it enlarges
the territory of the United States. To reduce the arguments of gentlemen
on this head to syllogistic form, they would not strike the mind with
great force. The constitution is silent on the subject of the acquisition
of territory. By the treaty we acquire territory; therefore the treaty
is unconstitutional. It has been well remarked by an eminent civilian,
that those are not the most correct and conclusive reasoners who are
very expert at their _quicquids_, their _atquis_, and their _ergos_;
but those, who, from correct premises, by just reasoning, deduce correct
conclusions. This question is not to be determined from a mere view of
the constitution itself, although it may be considered as admitted that
it does not prohibit, in express terms, the acquisition of territory. It
is a rule of law, that in order to ascertain the import of a contract,
the evident intention of the parties, at the time of forming it, is
principally to be regarded. This rule will apply, as it respects the
present question, to our constitution, of which it may be said, as the
great Dr. Johnson said of the science of the law, that it is the last
result of human wisdom acting upon human experience. The constitution
is a compact between the American people for certain great objects
expressed in the preamble, [Mr. E. here read the preamble,] in language
to which eloquence and learning can add no force or weight. Previous to
the formation of this constitution there existed certain principles of
the law of nature and nations, consecrated by time and experience, in
conformity to which the constitution was formed. The question before
us, I have always believed, must be decided upon the laws of nations
alone; and under this impression I have examined the works of the most
celebrated authors on that subject.
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