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
I recollect a time, sir, when a foreign minister in this country, at
a moment when genius, fancy, and ardent patriotism, were lords of the
ascendant over learning, wisdom, and experience, spoke of the law of
nations and its principles as mere worm eaten authorities, and aphorisms
of Vattel and others. I also recollect that the illustrious man who is
now President of the United States was then Secretary of State, and that
he delivered the unanimous sentiments of the American people when, in
his reply to that minister, he observed that something more than mere
sarcasms of that kind was necessary to disprove those authorities and
principles; and that, until they were disproved, the American nation
would hold itself bound by them. This is the man, sir, who has been so
injuriously calumniated within these walls this morning, and upon whom
such a torrent of bitter eloquence has been poured by the gentleman from
North Carolina (Mr. PURVIANCE;) a gentleman who is himself a model of
eloquence, uniting all the excellencies of Cicero and Demosthenes, and
all other orators, ancient and modern.
The American people, in forming their constitution, had an eye to that
law of nations, which is deducible by natural reason and established by
common consent, to regulate the intercourse and concerns of nations.
With a view to this law the treaty-making power was constituted, and by
virtue of this law, the Government and the people of the United States,
in common with all other nations, possess the power and right of making
acquisitions of territory by conquest, cession, or purchase. Indeed the
gentlemen who deny us the right of acquiring by purchase, would probably
allow us to keep the territory, were it obtained by conquest.
Colonies, or provinces, are a part of the eminent domain of the nation
possessing them, and of course are national property; colonial territory
may be transferred from one nation to another by purchase; this purchase
can be effected by treaty alone, as nations do not, like individuals,
execute deeds, and cause them to be recorded in public offices; that
department of the Government of the nation purchasing, which possesses
the treaty-making power generally, is competent to make treaties for that
purpose. These positions are established by the laws of nations, and are
applicable to the case before us. [Here Mr. E. read a variety of extracts
from Vattel to establish these positions, and observed that they were
corroborated by Grotius, Puffendorf, and other eminent writers on the law
of nature and nations, whose works he had consulted.]
Public-domain text, read in full here on John Shaqi.
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