The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-02-02

tory, out " dispose of and regulate il i'm any
manner which Congress nay think consis-.
tent with general good. Il then the. powe,-
20 ho.d territory. and to regulate it without
lnmtatlon, is expressly given 10 the general
government, the right to acquire it follows
as an indispensable attribute of sovereignty.
ana TINS opinion is supported by the enume-
ration OF powers given to CONGRESS- in the
constitution. A nation can extend its terri.
torial limits either by conquest or treaty. If
III the prosecution of a just and legitimate
war, or by a fair and bona fide contract, one
nation acquires the possession of tetr,trrY
which originally belonged to another. 1t be-
comes Incorporated with the domain of thr.
power to whom it is thus transferred, and
cannot be distinguish d from any other por-
| ZION OF teilitory over which the sovereign an,
thorirv of the nation extends.
Nv the oth section Of the 1st article ofthe
constitution the power is given to Congress
10 declare war grant letters of marune g.
reprisal, and make rules Concerning can n.es
ON iand and water ;" and by the I'd sec,ion
OF the I'd article the President, by and with
the ADVICE and consent of the Senate IS YES
ted with power " 20 make treaties provided
TWO thirdN OF ne sena'ors present cUncur."---
From these gran's ofpower IN the cost, u
ti'ni' l. IS manifest thai the u. St teS. can.
without v'olation of mat instrume NJ &C
qm'e and hold foreign territory. The au-
-.'''''' ~ N''l''>t ana me means pt
| ring territory. being exclusively confit. d TO
the general government, and prdhi5I,ed TO
the states, it would require clear and dis
'inct negative expressions to contine hat
power within any particular geogradhical
limits,
Inc constitution Contains NJ pr hb,i n oe
the 'l8hs toacquire terri nry, ii her by az NJ
compact, but the latter alternative has
been adopted by this government, whose DoI-
founded in
Deace
Having shewn that the L s. POSSESSIONS
stitntlonaiy the power and the means of OBJ
tanning toreign territory, the only poin. which
remains to be discussed is whether new
states may be created without the ancient
limits OF the United Stares. Tn the inyesti-
gat'nn OF this part of the subject. il will be
Froper 10 take cursory view of the treaty.
making power. and of the conveu. ion 1et:yeen
the u. >. and France of the 3Oth IF AnriI
1908 P' -
IS an universal principle in all govern
ments, whether their form be deepo,ic o,-
free vest the Che Elk cutive Mag "a q
IN some shape or other with thc solt' mover.
OF entering into pacts. trea les, and cnnvcn-
TONS with foreign nations and although the
concurrence OF Coordinate departments of
the government may se necessary 20 pve
validity to the act of the Executive in mo n.
stance can treaty be formed without his
assent. The rational security against the n
ouSe OF TINS power consists in the solic,tnde.
~hich each feels to make the bes barpaiu
lor me people over whom his authority *
'ehos. In England, says SIR William Back
s.one, is me Kings prerogative to make
.reaeles. ieagnes and alliances vii, fu.eirn
| 5 't's 4 81 princes. For it s by the law az
nau"n' essential to the goodness of Ieao,a
.hat IL De made by the sovereign power and
then II is binding OH the whole cnnu,,n; :,
ana I'D Eng md the sovereign power 0yo an
noe rs vested in the person of the X mo- -
Whatever contracts therefore he ENGAGES m
no other power in the Kingdom can legally
iay' resist or annul. And vet lest ta.s le.
nitutie OF authority should be abused. n no
oe'r'Eent ct the public, the cons,itntion fas
was hinted betore) ha n here intcrDos. Il \
cnecK. oy the means Of parliamentary m
lPeach pent, for the punishment, Of sucb ,,ir-
isterS as from criminal no ives advise nrc.n
clude any treaty which Shall Afterwards -
lJhuged 10 derogate rom the honor and in,.
terest OF the nation" Bot, SAYS the gentle
man rom Massachusetts, g suppose that
| n'ohaICh should make treaty stipulaIi.e-
mat Hanover on Hnd0San Should b.,s .
right of repre- sentat on IN tn. flo 30 p
nent would such a treaty he binding ,"
he obvious reply to this far-fetchedo IN, a,
rogatoly IS, that, ifthese countries formed :,
part vt the British dominions, he necrse -,
sta es 20 carry such stirulat,o into al,
tect would make it obliga DRY on he R,;,i.h
nation, and no power in the kined. m co,,id
legally delay, resist or arnul il +" There
is nothing in he British constitution 70 con
troll the treaty-mak ingpower Of tina, conn
t'y, and therefore the king may properI,,
contract tor he extension of civil aud poi;t
ical rights. The constitution of the II g -
more guardedin this particular. The ,res
~ making power is composed of the pct
dent, and two thirds fthe Senators nrrse,,,.
ana whenever appropriations of n,apv ,,.s
necessary 70 carry treaty into efTec. hs
immediate representa- ives of The ns,,,ie
have sa utary check on the other two g.
ches ~ "n'
This wise and judicious distritnt on oe
power, forms an impeneirable bulwart ~
refund the liberties of the American neil.
It, from accident or design, the pcs: en-,
should enter into engage ments with q fnra;o,S
nation incompatible with the General RIP;
pies n express provisions If ;hs consti.r
the interpOsluon Of the other deD4rfn,e. -
wiz afford seasonable corrective to snci, :.
derelicti OF duty. II is hryev,r -, -, ,
presumed, that in all our t-snes-t,ooe i. Y
foreign countries, the influence OF natjor.., -.
iachments will induce the Ezecn,iv,, ~ at
CHS 10 promoie, as far as possible ,bo ,,ai
fare OF the T.. s. Il would, indeed ea Wei wei
city IN political history, that au ;n,I;,,..,.'-
tyb n - ri hrs4 ..