Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1803-11-25

the TINTED states, To their federatiVe
capacity, may acquire, and have acquir.
ed, territory.
It viii be recoliected, that adverse
claims once existed between the United
States and the State of Georgia in relate
on 70 a certain tract Of country, between
the nothern boundary ofthe Spanish pos
sessions, and what we contended was
the southern limit of Georgia. The
United States asserting that the country
in question was the property ofthe Unit.
ed States, in their confederate capacity.
and the State Of Georgia claiming it. as
hers. Although thaye always adyocat-
ed the claim of that state, il never was
on the principle Of an incapacity in the
United States to acquire territory, or
any other which affects the question now
before N. 4 l. istrue, Sir, we appoint.
ed commissionners to settle die matters
in dispute aniicably with Georgia. But.
in the mean time, We assumed the iuris-
diction, erected a government over the
country, and thereby established the
principle, that the United States, a.
such, could acquire territory the coun-
try in question, As We commended, never
having been included within the limits of
any particular state, and being ceded to
the ,confederacy by the treaty Of 17ss..
But, perhaps, it may be answe red, that
this acquisition being made anterior to
the date ofthe present constitution, cam
not effect any limitation or restriction,
which it may have. provided in relation
to this sublect-and that to prove that
the old confederation could acquire tn
ritory, IS not to prove the same capacity
in the present system Of government.
To this reply, that the constitution
contains no such expressed limitation,
nor can any be fairly inferred from it
and that if the old eonfederation--a mere
government of states a loosely connect
ed league all of whose powers, with
many more, are possessed by the pre-
sent federal Goverument-i this mere
alliance of states could rightfully acquire
territory in their allied capacity, much
more is the existing government compe:
tent IN make such an acquisition. To
me the inference IS Irresistible.
But the gentleman doea not rest him.
selfon this ground alone. He does not
embark his whole treasure in a single
bottom. Granting that the United States
are not destitute Of capacity to acquire
territory, he denies that this acquisition
has been made in a regular way-Con-
gress,n says he, alone is competent to
such an act. In this transaction he scents
at a distance executive encroaehment.
& We arc called upon to assert our rights,
and to tePefit. If any usurpation Of the
privileges of Congress, or Of this House,
be made to appear, pledge myself to
that gentleman to join him in resisting
il. But let US enquire into the fact.
No gentleman will deny the right of the
President to initiate business here, by
message, recommending particular sub.
jeets. to. our attention. If the govern
ment Of the United States possess the
Observation-Disclosures to acquire territory
from foreign states, the Executive, as
the organ BY which We communicate with
such states, must be the prime agent, in
negotiating such an acquisition ICon-
eeding, then, fha, the power of confirm
ing his act, and annexing to; the United
States, the territory thus acquired ulti-
mately rests with Congress, where has
been the invasionof the privileges of that
body! Docs not the President Of the u
nited States submit this subject to Con.
gress for their sanctions Does he notre-
coguize the principle, which I trust We
will never give up, that no treaty bind
ing until we pass the laws for executing
it that the powers conferred BY the con.
stimtion on Congress cannotbe modified,
or abridged, BY any treaty whatever
that the subjects of which they have
eognizanee cannot be taken, in any way,
out of their jurisdiction .eIn this proce-
dure nothing IS TO be seen but respect,
on the part of the executive, for our
rights recognition Of a discretion ON
onr nark-to Accord mr. refuse MIR aa8efi.