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
Before a confederation, each State in the Union possessed a right, as
attached to sovereignty, of acquiring territory, by war, purchase, or
treaty. This right must be either still possessed, or forbidden both to
each State and to the General Government, or transferred to the General
Government. It is not possessed by the States separately, because war
and compacts with foreign powers and with each other are prohibited to
a separate State; and no other means of acquiring territory exist. By
depriving every State of the means of exercising the right of acquiring
territory, the constitution has deprived each separate State of the
right itself. Neither the means nor the right of acquiring territory are
forbidden to the United States; on the contrary, in the fourth article
of the constitution, Congress is empowered “to dispose of and regulate
the territory belonging to the United States.” This recognizes the right
of the United States to hold territory. The means of acquiring territory
consist of war and compact; both are expressly surrendered to Congress
and forbidden to the several States; and no right in a separate State
to hold territory without its limits is recognized by the constitution,
nor any mode of effecting it possible, consistent with it. The means
of acquiring and the right of holding territory, being both given to
the United States, and prohibited to each State, it follows that these
attributes of sovereignty once held by each State are thus transferred
to the United States; and that, if the means of acquiring and the right
of holding, are equivalent to the right of acquiring territory, then
this right merged from the separate States to the United States, as
indispensably annexed to the treaty-making power, and the power of making
war; or, indeed, is literally given to the General Government by the
constitution.
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