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
parcels of their country, although hitherto deemed lawful, would be an
unconstitutional act. According to this notion, every treaty for lands,
held with the aborigines since the organization of the Government, was
a violation of the constitution. And thus this invaluable instrument,
this bulwark of our liberties, had been violated perhaps twenty times
or more, since we began to buy the surplusage of their hunting grounds.
The Indian tribes are as much aliens as any other foreign nations. Their
lands are as much foreign dominion as the soil of France or Spain. Yet we
have gone on to annex the territories which they sold us, to our present
territory, from the time we acquired independence, and no mortal, until
this debate arose, Mr. Chairman, has so much as thought that thereby a
breach of the constitution was made. My colleague is surely entitled to
great credit for his perspicuity in finding out that all our great and
wise predecessors in administering this Government have been plunderers
and constitution-breakers. But, sir, the just judgment on this subject
is, that the Presidents and Senate of the United States have heretofore
acted constitutionally in acquiring by purchase foreign dominions from
the alien Indians. And by a parity of reasoning, they have acted not
only constitutionally, but eminently for the interest of the country, in
buying Louisiana from the white men, its present sovereigns.
But, independent of correct principles and steady precedent in favor of
the acquirement of new territory, it may be worth while to mention a
few of the strange consequences which flow from the doctrine which the
gentlemen of the other side of the House contend for. According to their
reasoning, if by any force of the currents of the ocean, or any conflicts
of the winds and the waves, a new surface of earth should emerge from
the neighborhood of Cape Hatteras, it would be unconstitutional to take
possession of it. Yet it appears to me, sir, very like an absurdity to
say the United States would break their bond of union by erecting a
light-house on it. Suppose that, by volcanic action, islands should be
suddenly elevated from the bottom of the neighboring Atlantic, as they
have repeatedly risen from the depths of the Mediterranean, would it be
unconstitutional to take possession of them? So far from it, there would
on the other hand be a duty in the Government to assume the dominion of
all adjacent islands. Again; suppose for a moment that our present limits
were full of people, would it be unconstitutional to purchase additional
territory for them to settle upon? Must the hive always contain its
present numbers, and no swarm ever go forth? At this rate we should,
before a great lapse of time, arrive at a _plenum_ of inhabitants, and
if no new settlement could be obtained for them, the Chinese custom of
infanticide must be tolerated to get rid of those tender little beings
for whom food enough could not be procured, to rear them to manhood. And
Public-domain text, read in full here on John Shaqi.
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