Problems of Expansion: As Considered in Papers and AddressesReid, Whitelaw
History
Problems of Expansion: As Considered in Papers and Addresses
Reid, Whitelaw
United States -- Colonial question
"The Constitution of the United States established a Government, and
not a league, compact, or partnership.... As a Government it was
invested with all the attributes of sovereignty.... It is not only a
Government, but it is a National Government, and the only Government in
this country that has the character of nationality.... Such being the
character of the General Government, it seems to be a self-evident
proposition that it is invested with all those inherent and implied
powers which, at the time of adopting the Constitution, were generally
considered to belong to every Government as such, and as being
essential to the exercise of its functions." (Mr. Justice Bradley,
United States Supreme Court, Legal Tender Cases, 12 Wall. 554.)
_The United States can acquire territory by conquest or by treaty, as
a condition of peace or as indemnity._
"The United States ... may extend its boundaries by conquest or treaty,
and may demand the cession of territory as the condition of peace, in
order to indemnify its citizens for the injuries they have suffered, or
to reimburse the Government for the expenses of the war. But this can
only be done by the treaty-making power or the legislative authority."
(United States Supreme Court, Fleming _et al. v._ Page, 9 How. 614.)
_The United States can have a valid title by conquest to territory
not a part of the Union._
"By the laws and usages of nations, conquest is a valid title.... As
regarded by all other nations it [Tampico] was a part of the United
States, and belonged to them as exclusively as a Territory included in
our established boundaries, but yet it was not a part of the Union."
(United States Supreme Court, Fleming _et al. v._ Page, 9 How.
603-615.)
_A title so acquired by the United States cannot be questioned in its
courts._
"If those departments which are intrusted with the foreign intercourse
of the Nation ... have unequivocally asserted its rights of dominion
over a country of which it is in possession and which it claims under a
treaty, if the legislature has acted on the construction thus asserted,
it is not in its own courts that this construction is to be denied. A
question like this, respecting the boundaries of a nation, is ... more
a political than a legal question, and in its discussion the courts of
every country must respect the pronounced will of the legislature."
(Mr. Chief Justice Marshall, Foster _et al. v._ Neilson, 2 Peters 253,
309.)
_Yet such territory may be still outside the United States_ (meaning
thereby the American Union organized by the Constitution--the Nation),
_and cannot get in without action by the political authorities_.
Public-domain text, read in full here on John Shaqi.
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