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
By the third article, it is agreed that the inhabitants of the ceded
territory shall be incorporated into the Union of the United States
as soon as possible, according to the principles of the federal
constitution, and be admitted to the enjoyment of all the rights,
advantages, and immunities of the citizens of the United States; and
in the mean time they shall be maintained and protected in the free
enjoyment of their liberty, property, and the religion which they profess.
On expounding this article, my colleague has declared that the President
and Senate have no power to acquire new territory by treaty, and he
argues that our people are to be for ever confined to their present
limits. This is an assertion directly contrary to the powers inherent
in independent nations, and contradictory to the frequent and allowed
exercise of that power in our own nation. We are constantly in the
practice of receiving territory by cession from the red men of the
West, the aborigines of our country. The very treaty mentioned in the
President’s Message, with the Kaskaskias Indians, whereby we have
acquired a large extent of land, would, according to this doctrine,
be unconstitutional; and so would all the treaties which add to the
size of our statute book, with the numerous tribes of the natives on
our frontiers. According to this construction, all our negotiations
so happily concluded with those people, whom we ever have uniformly
acknowledged as the sovereigns of the soil, are nugatory, and to be
holden for naught. He said, he was perfectly aware of the answer which
would be made, that we held all our national domain, under Great Britain,
by virtue of the treaty concluded at Paris in 1783. What, after all, was
the amount of that cession by England? Certainly not a conveyance of a
country which never was theirs, but rightfully belonged to the Indian
natives; for it was, in its true construction, merely a _quit claim_ of
the pretensions or title of the land which the English had obtained by
conquest and treaty from the French. By that negotiation, the United
States obtained a bare relinquishment of the claims and possessions of
those two powerful nations. But the paramount title of the original
inhabitants was not affected by this. However contemptuously the rights
of these rude and feeble tribes had been regarded by the Europeans,
their descendants in these States had considered them with recognition
and respect. Until the Indians sold their lands for an equivalent, the
humane and just principles of the American Government acknowledged
them to be the only legitimate owners. And the sovereignty acquired by
treaty or purchase to our Government was derived from the title which
the natives transferred to them as grantees in a fair bargain and sale.
Such, Mr. M. argued, were the rules of true construction, and these rules
admitted and acted upon by the Federal Government; and yet, according
to the novel doctrine of this day, every treaty with the natives for
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