The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1811-02-13


g., the allegiance Of the people of the terrific
ry>tt Or.e4hs consider 1t an act both of
iasA = and poiicy 20 receive them as brothers
IN Dc brcat Amercan family.
~ olit lnI, now, sir, to call the attention
of M House to the argument OF the gentle
mah ison Mas sachusctts. We are told by
thGt gentleman, that the provisions of this
bnl are in direct hostility TO the constitution,
and toa,etio,y Affect the rights and Liberties
oil the whole people OF the United States.
Ih.t the croalion oi new states Of "pO.itc.!
sut.reirniies" without The ofIA Inal limits Oi
the Ciu,cd states, Is an usurpaticn Of power
not warranted by sound construction OF the
CON, itutiun. la tie consideration oil TINS sub
ie.t Two ouestiOns arise, hrsl, whether the l..
S,stcs can ACQUIRE foreign territo'y, anc by
Vb,t means ! .bd whether thc Territory So
ACQUIRED can be admitted into the Union as
an ind, pandtnt state ! ~ the fourth article
&! me constitution, Congress arc authorized
10 ~ pose Of and make all nccdlul ules and
rceul4uous respecting the territory Of The y.
S.ues" This p,oVision contains an express
recognition OF the Iignt lot only TO possess
terri OIy, but 10 dispose Oh ana regulate II III
any manner winch Congress may THINK con-
sistcnt Win lEc general good II then the
power to hOd territory, and 10 regulate II
without iiuItu,iou, Is expressly gwen 10 The
general AOtornmcnt the right 10 acquire 1t
loifoWs ds an lUdispens ibie attribute OF sover-
= oIgp'y. And this opinion Is supported by the
enumeration oi powers gwen to Congress In
TIE constitution. A nation Can extend It's ter
u.olloi limits either 10y conquest OF treaty ii
IL iae prosecution oi Just and legitimate
w,g or by t.ir and bona iide contract, one
nation Acquires the possession oi territory
which oyla alHally belonged ID another, IT be-
comes incorporated VITA the dom n OF tie
power TO whom il is thus tlansicried,and can
80 be distinguished from any other portion
Of tcnAy over which the sovereign au-
tnolJy oi the nation extends.
liy the 9tl section Of thc ist article OF the
constitution, lhe power is given to Congress
I" 10 declare war, grant louers Of marque and
reprisai, and Nuke rules concerning captures
on Land and water" )" and by the 81 section OF
the 81 artlCle, The President, by aud with
the ad,lce and consent oil the Senate, L. vest
Cd with puWcr so make trcaties provided
two thirds OF the senators present concur"
From these grants W power ~ The cOnstitu-
lion, it is manifest mat The U0ited States cIn,
wthou. violation Of that instruncnt,acluire
aud hold Mreign territory. The authority to
dispose oi,anl the melns ot acquiring terri
tory, being gcXcu,lyely cOuhIcd TO the pcn-
eral SovernnCnt, and proniDiled to the states,
ii would re pure clear and distinct negative
express sions 10 conhne that power wi,nln any
parut utar geOSrdphicai hmits. The con.titu-
tloD contains no pronibiton of the right TO ac-
Guirc territory, either 10y war or compact, but
TIE latter alternative hd, heen adopted by this
gogcrHment, whose policy Is founded IN lus-
tice, and whooc Object Is peace.
Utying sAewn that the w. States possess
ctn,ututlontliy the power aud the means OF
o., lining foreign territory, the only point
vticn remains 10 be discussed is, whether
new States my be created without the an
icnr limits of the United States. In the IN
vestiEayiOn of this part OF the subject, II viii
be proper. 10 take cursory view OF the trea-
.ty-sr aking power, and oi the convention be-
tween the u. States and France, on the seth
ot April, 1905 Ii Is an universal principle
IN "a governments, whether their iorm be
des pocX or free, to vest the Chef Exccu.
tive VI * sis,rute in some shape or other with
the sole power OF entering into pacts, trea-
tsps, and conventions with foreign nations
ati although the concurrence OF co-prdindtc
az pArtmentS Of tne government may be ne
.cc,sAry to give validity To the act of, EXccu-
tive, in no inst,nCe Can a treaty be formed
without ais assent. The national security a.
ganst the abuse of this power consists in the
soiciude watch each feels TO make the best
barEain for to- people over whom his author
ity extends. La ENGLAND, says Sir William
Blackstone, g il is the Kings prerogative to
IN &c treaties, leagues and alliances with for
ei,u states and princes. For it is by the law
oi nai ion, essential 10 the goodness of a
league thal IL be made by the sovereign pow
CT, and taen II is blnuins on the whole COM
.munity; and y. England the sovereign power
gao al hoe il vested IN the person of the king.
-WhatcVer contracts therefore he engages in,
no o,sr power in he kingdom Can legally
delay, resist or anhuI. And yet lest his pien-