Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 3 (of 16) — John Shaqi
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
Having proved, sir, that the United States may constitutionally acquire,
hold, dispose of, and regulate territory, the other objection to be
considered is, whether the third article of the treaty does stipulate
that Louisiana shall be erected into a State? It is conceded that the
treaty-making power cannot, by treaty, erect a new State, however they
may stipulate for it. I premise, that in the construction of this
article, it is proper to recollect that the negotiators must be supposed
to have understood our constitution. It became very particularly their
duty to do so, because, in this article itself, they have recited “the
principles of the constitution” as their guide. Hence, it is obvious,
they did not intend to infringe, but to adhere to those principles;
and therefore, if the article will admit of a construction consistent
with this presumable knowledge and intention of the negotiators, the
probability of its accuracy will be greater than one formed in a
supposition that the negotiators were either ignorant of that which
they ought to have known, or that they fraudulently professed a purpose
which they really intended to defeat. The following construction is
reconcilable with what the negotiators ought to have known, and with what
they professed to intend.
Recollect, sir, that it has been proved that the United States may
acquire territory. Territory, so acquired, becomes from the acquisition
itself a portion of the territories of the United States, or may be
united with their territories without being erected into a State. A union
of territory is one thing; of States, another. Both are exemplified by
an actual existence. The United States possess territory, comprised in
the union of territory, and not in the union of States. Congress is
empowered to regulate or dispose of territorial sections of the Union,
and have exercised the power; but it is not empowered to regulate or
dispose of State sections of the Union. The citizens of these territorial
sections are citizens of the United States, and they have all the rights
of citizens of the United States; but such rights do not include those
political rights arising from State compacts or governments, which
are dissimilar in different States. Supposing the General Government
or treaty-making power have no right to add or unite States and State
citizens to the Union, yet they have a power of adding or uniting to it
territory and territorial citizens of the United States.
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