Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1803-12-21

jsaidos I ahsii eaJcavcr ,c s;vc a1rs..
heretofore ufgrd. ''' rct
Before . confederation, each ia,e Il ~.
poirard flehF, as at'aehea 10 iovp,.; ''en
acquiring territory, b? war, l,urch.f. - J Of
= Tbs r'gslf muit be either Eli D. G.g.a '''''y.
bidder both 70 each iFstc ard to the 49,. =, Tor
yernment, or transferred TO the penep.l 81" 60
mcnt. 1t is nst r e aed by the a,,cs so' IN.
~ becaufc war and compstss win a., tc.
crs and with each cyher, sre prohib;t.d Ign pow.
rate aate; and no othsr means Of acq,iT;ao ,fPa'
sitoy exit By dePfiviog every 4 - "'ss 'sr-
means of exesciing the r'ent Of aruu;,n, y the
tory, the conitiRtion has ,iepriycd r1cb ; 'efEI'
Gate Of the right i,i,it. Neither fae r .pafa'e
the right OF acquiring terrl,ory are foriid3 Or
the United States; Oh thr rontrary. in IS s'" .
article Of the contribution, Gngr-!s A.. nc ~
cred "ta diipois OF add regulate the terrI. ,s,
Belonging 70 The Uai:ed States" This ,a.
niies he igtt Of the United STATE. to Lo,I ,,os
ritoy. Tue i.'eans OF acquiring terr;to,n ':''
Git of war aad compact both are cx2ref.j, > r
rendered to Congrsl5 and forbidden 10 III. c .''
raj fa:cs,; and no right in fparste 49,. 's
hold territory wihoar fs limts, is recoon;f.i %
the conliitu''oH. nor any MODE Of sdtetin, J,
pofible, coniiaeas With il. The means Is =
curing and the 'ight Of holding tsr,,e,s =.
ing both given 20 INC Ulited States ana 49,, ~
bited to each fare, it follows thar theft. ,n,s '.
OF fovereignty once held by each 4afe. a..
transferred to tlie United States; and tb.,T%
means of acquiring and the right Of holdi,, IN.
cguivalen. to the right of acqlirioo te,[;,,-n
rhcn this right merged from The lcpafate asts :,
the United STATES. as indilpenGblv annexed 70 r.
treaty making power, and the lower of o,ak;r@
war or indeed is literally given 70 The e,n.,.1
government-by the contribution.
Having proved, Sir, that the United States
may consritutionally acquire, bold, dispose of and
regulate territory, the other objection to b. con
sdered is, whethet the third ar.cle of the treaty
does stipulste, that louisiana shall be erected
into state. 1t is copcede3 that the treaty max
ing power, cannot by treaty erect new state
however they may stipu.ate for it. | premf.
that m the construction of this article, il is pro'
per to recollec. ihat the negociatots must be
supposed TO have understood chr constitution i
became very particularly their duty 10 do so, be.
cause in this article itself, they have recised the
principles of the constitution" as their guide.
hence il is obvious, that they did not inteod to
infringe, but u adhere to those principles; and
therefore if the article will admit of eonstruc.
ton, consistent with this prcsumab!e knowledge
ana intention of the negosiators, the probability
Of its accuracy viii be greater, than enc formed
in supposlton, That the negociators were either
IS ~.
known; or that they frandnlentIy protested
purpose, which they really intended TO defeat
The following construction is rsconci!cable with
what the negociators ought TO have known, and
with what they professtd to intend.
Recollea, Sir, that it has ben proved, THAI
the United States may acquire territory. Terri
tory SO acquired, becomes from the acquisition
itself portion OF the territories of the United
States, or may be united with their territories.
without being erected into state. An unioa
of territory is one thing; of states another. Both
are cxemplihed by an actual existence. The
United States possess territory, comprised in the
union OF territory, and nor IN the union of states
Congress empowered to regulate or dispose OK
territorial sections of tie unions aud have exercised
the power; but they are NOT empowered 10 regu.
late OF dispose Of state sections Of the uniop,--
The citizens of these territorial sections, are
citizens Of the United Svayes, and they have al
the rights ST citizens of the United States; bur
SUCH rights do NOT include those political rgbts
arising from state compa6ts or government, which
are dssimilar IN different states. Surprising III:
general government or treaty making power,
have no right to add or Finite states and stare
citizens to the unoe, yet they have pawcr Of
adding or uniting to 1t territory, anG territorial
CITIZENS OF the listed States.
or. Taylor'a Speech to be ContiMsd.J