Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-05-13


Should it be supposed that the example OF the |
nominal treaties concluded between the United |
States and the various savage tribes inhabiting |;
within their acknowledged dominions, by some OF
which nominal treaties the Indian title to terrific |
ny there situated has been eNtingnishod, consti-
tutcs any exception to the position here asserted,
very slight notice Of the peculiar character OF
these Instruments and OF the situation the par
ties, will furnish sufficient answer To this suppo
stion. The Indian title SO cXtinguished, is but
usutiuctuary interest, enjoyed by the courte
sy, aud under ;hc permission oil the United States,
who long since acquired the Acknowledged sove-
rcignty and dominion over the territory so pos
sessed. In exiting uishing such interest, the
United States do not acquire any new territory;
they merely exempt that territory which they be-
lore held from an incumbr0ncc 10 which their
humanity had previously subjected 1t. by con-
GLIDING such cO,npacts. the United States do not
recognise the independent sovereignty OF the peo-
Pic whose rights OF possession eatinGuishcd
and the Senate require not 10 be informed by
their Committee, oil the particular local consdcru-
lions, which, at the very commencement OF this
government made 1T highly desirable, ifnot ints-
isnsably necessary, that the form and manner OF
cfiecting the extinction OF this possessory right,
which was not prescribed by the constitution,
should be by nominal treaty, rather than by sta
fute, as under other circumstances would proba-
bly, have been the case.
But ii 1T was even conceded, that the treaty
making power of the United States equal to
the legitimate acquisition of new territory, either
within or contiguous 10 their original douinonS (1s
n certainly ISL this Committee do not in such
i concession, any foundation for the opinion, that
ts power would extend TO the acquisition of a dis
FAINT territory, ipanother quarter OF the globe,
parated from the United States by wide ocean.
These circumstances of themselves, IL none other
existed, would necessarily convert such terrific
ry, when acquired, either into sovereignty, in
dependent Of the u S. into colony absolutely
dependent upon them. A country SO situated,
could never be admitted into this union an in
fcgral part Of the confederation: because, in the
lure OF things, it could never contribute its just pro-
portion oil the blessings, or bear It's proper share oil
the responsibilities oil our representative democracy.
Our established system of uniform laws too must ne
cessarily work It's speedy ruin, or cripple s. greatly
impair the beneficial effects of that systcmupon the
other parts Of the empire. The new territory hen
acquired, must, therefore, ever continue i'll state
oi colonial bondage, deprived of all hope OF being
ever admitted into the Union, or II must be cndow
id with the character and attributes of sovereign
Stale, entirely Independent OF the pa cnt country
Tosuppose however, that our free constitution was
ever designed to vest in the United States, pow
er OF establishing and holding distant colonies, to be
always retained in a state OF colonial bondage to
the mother country OF creating new empires abb
sqlutely independent oil it, is an opinion which this
Committee believe to be opposed TO the whole the
DRY vi tina, constitution, and to the genius and Spi-
erit OF all our institutions.
In all the cases i'm which The u. States have ever
yet acquired now territory, this has been done up
on the express condition, that the territory so nc
CURED, and its inhabitants, should thereafter be adj
United into the Union, as part and equal member
'ot this confederation. This practice III the opinion
of this Committee, is in strict conformity with that
provision OF the Constitution which authorizes the
admission OF new States into the Union; and which
probably intended 10 provide for the very
-ot new territory acquired by some OF the means be-
fore referred TO. Indeed this Committee would be
at loss To discover ia The Constitution any fouhda-
ton for the permanent acquisition OF new territory,
upon any other terms.
IL the Committee are corrcc, in the opinions
which they have thus expressed, then, aitho il is
true, that the Government of the United States
does possess the right To acquire new territory, un-
der particular circumstances, and for certain pur-
pose, yet this Government cannot now rghlully
exercise any such power, i'll the mode, and for the
purpose, proposed by any OF these applicants. 1t
il true, that some OF the applicants have deduced
this right of acquiring territory, from other
powers vested by the Constitution i'll the Govern
Inent OF the United States, than those 10 which a
lone the Committee have rcierrcdit. Butthe Com
I!littee cannot either i'll the principles APP
plication OF the reasoning resorted TO- Tor the pr
pose OF showing the rightu possession OF Suchpow
or by this government.
The petition of the Colonization Society, refers
specially 10 the power OF Congress 10 provide for
the common defence, and 10 promote the general
welfare, TO general authority bestowed upon
this body by the Constitution, in virtue oil which
the United States may lawfully acquire distant ter
ritory or DO any other OF the acts which this Soci
ely wishes 10 be performed. But the OF this
construction, which would convert a mere liinita-
lion into agrant of power, and into grant too of
power unlimited, has been so often exhibited and
established that this Committee DO not feel i,is-
fled now in again examining il inutey. They will
merely remark, that altho' 10 provide for the com
mon defence, and to promote the general welfare,
are some of the great objects for which this Gov
crnment was established, yet the manner Of at
timing even these great objects, prescribed in the
enumeration of the limited powers specially dele
gated tothe Government, for their accomplishment.
/, IS by the exercise of these granted powers and
of none other Whatever that the common defence
Can be provided for, or the general welfare pro-
NOTED. Now, the power OF acquiring new terri
tory, is not Of the powers specially enumerated
lis the Constitution, by the employment OF which
the common defence may be provided for or the
general welfare promoted This is power which
The United States enjoy, as mere incident oil the
powers oi regulating commerce, OF declaring war
of negotiating treaties, all of which powers
expressly granted 10 them. Being thus derived any
circumstance, whether ph ysica moral or political
which constitutes necessary Limitation or bar 10
ihe Legitimate exercise of the great powers before
referred TO, must unayoidably obstruct the acqui-
s.tion Of new territory by any such means And
these being the only means that can be legitimate
ly employed for that end, the end is prohibited,
when the OF these necessary means is denied.
Any other construction of the Constitution would
convert the government of the United States which
cOnessedly is limited both in object and power, in
10 government unlimited in either Of these res
poets. Nay, il would justify even the annihilaton
Of the State sOvereigntieS themselves, whenever
the existence of these might be regarded by the
tloriiies OF the United States inpcdmcnts TO the
common defence or obstacles in the promotion Of the
general welfare
a similar answer may be given to another sug-
rnsfion nrcseufp1 i'm some of tho documents the