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
The United States, it is acknowledged, have a right to extend their
territory beyond that which they possessed when the constitution was
formed. If, then, there exist the right to acquire territory, there is
a consequence of the laws that pervade all civilized nations, which
will show not only the constitutionality but the propriety also of this
section. It is a received principle of the law of nations, that, when
territory is ceded, the people who inhabit it have a right to the laws
they formerly lived under, embracing the whole civil and criminal code,
until they are altered or amended by the country to whom the cession is
made. This is the received principle of the law of nations, and operates
wherever the right to acquire territory is previously given. I will
put a plain case, on the ground so commonly of late resorted to, that
of acquiring territory by war. The right to make war is vested by the
constitution in the Government of the United States. Suppose we had gone
down the Mississippi, and favored the wishes of some of our citizens.
Would not gentlemen, in that case, have acknowledged that we should have
possessed the right of laying contributions? Should we not have had the
right of saying to those who exercised the powers of government in that
country, “Begone! We will make new arrangements; the powers of government
shall be exercised by such particular organs as we like. Your laws and
your religion shall be preserved; but your officers shall be replaced by
ours.” Under the laws of nations we should have enjoyed all these powers.
But, independent of this power conferred by the law of nations, I am
inclined to think the provisions of the constitution apply to this
case. There is a wide distinction between States and Territories, and
the constitution appears clearly to indicate it. By examining the
constitution accurately, it will be found that the provision relied upon
by the gentleman from Connecticut will not avail to support his argument.
It will appear that it is to operate in the case of States only. By
the third section of the fourth article of the constitution, it is
declared that “the Congress shall have power to dispose of and make all
needful rules and regulations respecting the territory or other property
belonging to the United States; and nothing in this constitution shall
be so construed as to prejudice any claims of the United States or any
particular State.”
This provision does not limit or restrain the authority of Congress with
respect to Territories, but vests them with full and complete power to
exercise a sound discretion generally on the subject. Let us not be told
this power, from its greatness, is liable to abuse. If arguments are
drawn from the abuse against the use of power, I know no power which may
not be abused, and it will follow that the same arguments that are urged
against the use of this power may be urged against the use of all power.
Public-domain text, read in full here on John Shaqi.
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