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

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therefore, cannot doubt that the government OF
me Y. states does possess the right of acquiring.
new territory, by some Of the modes before relery-
Gu 70, whenever the case may occur, TO which any
VI 'ue"e hodes OF acquiring new territory is proper
ny applicable. They see, moreover, that the past
Prachce OF this government has contormed to this
opihion, IN the memorable examples of the aedui.
siion OF the territory of Louisiana from France and
nf Florida from Spain.
But, while the Committee can readily discern
the source OF the right asserted by the government
/ oi tle u States in the cases referred TO- and can
usihcuy perceive that such right may, ut any
une hereafter, be iegitimaey asser ted as an incs
def and consequence of some of the high mowers
10 winch they have referred il, whenever the case
may arise to which these powers properly apuly,
they cannot discover what support this opinion can
anord 10 the legitimate acquisition of the new ter
ri'ory' which is proposed Sbon the presentocca-
The whole coast of the great peninsula of kfri-
ca was discovered very long time since by rnauv
derent civilized nations, even before America it
sen was visited by any inhabitant OF the old world
tuated have not been occupied by those civilized
hauons, who have so long known, by so frequently
visiting them, the causes that have restrained o.
hers from such occupation, merit at least as much
consideration from the United States as thew have
received from the elder members of the family OF
civilized man Atal events, these notorious facts
suiice 10 show That, at this day, the United States
are As much prccuded, 10y the usages of nations,
rom advancing any claim TO territory there
situated, upon the ground of first discovery and
prime occupancy, as they would be precluded
from asserting such tile to any new territory
they might wish 10 acquire upon the coasts of Pa
lagohia or Of Japan. Any nation may possibly sup
port Alright 10 acquire new territory upon hi.
known coasts of Africa in virtue of either of tno
o'her great sources oil such right, but none can
iouLu any pretension to acquire territory, tfiero
now, upon the ground of first discovery
doubtless the United States possess the power
IVnr.n nIa "a.
power the right 10 push hostilites through yicto.
~ 10 conquest, and 20 acquire the dorninops oS
v,tf e',,'i"ies. Bui this power OF waging war,
me a" ,he other discretionary powers conferred
by The Constitution, is necessarily limited by the
ends and obi ecs Cor which alone il NAV be riahfnl-
~ eSerted Now, as war itself is never TO be JUS
uiied, except AS means necessary TO the preser-
vaton OF permanent peace and greater securify
and can never be ri9htuy declared, for the single
ana naked purpose OF acquiring territory, there
lore, The right OF acquiring territory in the pro-
posed case, by any such means, cannot be con.
ceded to belong to the government of the United
GATES. ne remote position, the ignorance the no.
very, ana tie imbccility, in which all the SAVAGE
hordes occupying the coast of Africa have ever
existed, aud must continue 10 exist for long ne
Cd yet TO come, place it be yond creduty that any,
or all oil them can now threaten the peace or dis
tiirb the security ofany the most weak and exnos-
ed pot III this hemisphere. Defensive war,on our
part with any OF these tribes, is at present impos.
sibit; and offensive war against such people. in
order 20 strip ihein OF their possessions can never
DC IusiHeu- The mere capacity to wage war for
S.c Fui pose, win these, any other people the
United States unqucstionably possess But until
al Instruction between power and right shall be
forgotten, until the limits of the one shall be ann
posed 70 be ound only in the measure of the other
the constitutional power Of the United States TO
wage any war, can be admitted to besrow
upon their government the constitutional right IN
acquire new territory, by means of anunjustifiabe
war waged upon the unohending inhabitants. Of
ut trt,
acquire new territory there, at this time, cannot
therefore, he derived from their general power TO
declare war, more than ii can be deduced from
Weir iight 10 prosecute discoveries, in virtue OF
hclr general power to regulate commerce.
ne only remais,.ng source OF this right To AR
quFe new territory, is in the power to make trea.
hes' ms 100, Is discretionary power granted 10
lhs United States 10y the constitution; but like all
me otheT powers OF ibis kind thereby convened it
has its limits; limits 10 be found not less in ybo
spec itrd ends and objects for which the govern
Inent Itself was created, but in the nature aud
character OF the power itself Without attempf.
ing TO define what these limits are the COMMITTEES
VIII merely remark, that, from the very nature Of
tins power, II is one which can be exercised by two
or more soyereisns, acting together for the at
tdininent oil the same object, by means of n com
pact, which, when concluded is TO be oblipafory
upon the whole people governed by such soye-,
PeiSns. Meme but sovereigns car enter into such
an agreement; and the parties being all SOVEREIGN.
are, OF course, equal, i'll that respect
Many and important the consequences. not
only TO the contracting parties themselves, but In
the whole civilized world, which result froro fl,o
mere TACT OF concluding treaty. 1t is a recoq
milton OF the sovereignty and independence of ,bG
parties, by each other. From this MANY results
How and obligat ions attach to ether i'm all ffer
future intercourse. Such being the effects Of tbc
eSeruon Oh this power Of making treaties civilized
nations have rarely believed themselves at Iiberf,,
10 conclude them with airy savage people. unfif
many events had combined to prove that such tYen-
PIE were capable and sincerely disposed to main
tam the nights, and TO conform to the tsapes which
Tor the wiscs: reasons, have been acknowledged
and adopted, TO regulate the relations and jntsr.
course between the different members of the fam
lily oil nations. Therefore il is, that no c;vIzat
nation ia modern times, hath ever entered into ~,
treaty WIN any OF the savage tribes who wander
over Tie deserts, or dwell upon the coast of Sfr;
Cd' ana numerous circumstances exist, (which
Ieed not be here repeatedly that in the opinio,,ot
TINS committee, are sufficient TO restrain the Uni
tea states from being the first 10 enter into such
compact, with any such people, esneciauv for
The purpose Of charging the limts>o of onr nrceent
widespread empire. Some Of these circumst aT
ces nave hitherto been considered as suIficie MT,
prevent this iiom being done by the United States.
Tor very different purposes, with another pcoplc
whose situations III all respects is certainly rn,,ci
more elevated in the scale Of civilization than that
which any OF the savage tribes ofAfrica have vet
attained ~
In The pursuit Of their private avocalions, en-
terprsing individuals have often attained from,
some Of these Tribes the privilege of making est.
Dshnsnss i0r var ous purposes, within the limits
OF their supposed possessions When these establish
mehts IN a,r time had acquired growth and con-
sequence, sufficient TO require the attention ara
protection OF The nations to which the individual,
engaged III them were subject, such nations havo