The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-07-30

ths river Ohio because the Congress OF the onpe"
states in 1854 had accepted the cessIon OF thai 'ef
r,tory from Virginia under the express engagement
and condition tina. the eeded territory, should be iao
on, and formed INTO States and adn,lted as States
80. ,hs Federal Union fist volume Laws United
states nv Bloren and Duane, p. 472l-and the SKIN
article of the Constitution provides for the admission
AZ ,hs states 10 be formed in the territory 80 held
norbwest of the Ohio-it declares All dc BITS CON
tracted and engagements entered into before The
adopon of this Constitution shall be valid against
the limited States under this Confederation" nc
sneraI mower 10 Congress 10 admit new States into
The Union appes 10 new territories not then within
the boundaries of the United States.
Those who framed and those who adopted TINS
Constitution of the United States knew at that time
,ha, ali The lands on both sides of the Mississippi
sob of The list degree of north latitude, aud in
Guiding the mouth of the river Mississippi and Loui-
lana and East and West Florida, were possessed by
- Gnrsion nower They well understood that vast
onanties of the srrnlls products of land and labor
within the great valley of the Mississippi would be
upon the waters of that great river, and
unon the other river heading north of that parallel Of
latitude and discharping into the Gulf Of Mexico,
and that very large supplies for the consumption OF
the people Of the United States nhabiting the coun
tries drained by those rivers and their tributary
streams, would necessarily ascend those rivers -
They well understood that enormous yenencies,
embarrassments and burdens TO the commerce OF the
United States, if not aggressions and wars con-
sequences of such foreign possession. With such
facts before them it would be doing great injustice
TO those statesmen who prepared the Constitution and
resented il for ADOPTION and TO those VINO adoPteu
IT, and would be an erroneous construction OF the IN
strument ITSELF TO expound the Constitution so as TO
debar the United States and the several States also
from extending the boundaries OF the United States
hey ond their then existing limits. But such would
be The effect if the United States are not permitted,
by the Constitution, to acquire any territory, but
are TO be confined IN the acton OF admitting new
States into the Union TO such as were to be compos-
ed of the territory then owned by The uhited states
northwest OF the river Ono, and TO the territories
then belonging to the several states
There are three modes oil acquiring ne" errnoiy
to nation: l. by discovery ana taxing possesso'i Vi
a territory uhoccuPied q ny treaty win halioh
having title, and such treaty may De LOT cessioh Oh
territory or OF Union $. ny war and conquest.
The tenth section OF Inc hrst article OF the oons'
tuition OF Inc ohited ota'es' aec'ares no H'ate o",
enter into any treaty, aliiance or cohiederalion'
So the mode OF acquiring new territory oy STATE
Ivy treaty with foreign power, do7s not exist uhder
the Constitution oil the United states. Inc power 10
declare war is vested IN a congress OF the oh'teu
States ana not 10 Tue o'a'es-(hrl 4, sec O par
ll)-and when war is begun by declaration on the
part OF the United States or INVASION or declaration
by any foreign power the execution and conduct OF
the war belong 10 The President oil The ohed states,
as commander-ln-chlei
The title by discovery and taking possession OF a
vacant territory, good by the law OF nature and
the customary law oil nations 10 say more on
the subject not necessary 10 matters oil ms dls-
cusson.
The power OF making war is delegated TO the UNI
ted States The important right OF acquisition OF
territory by conquest, is power incident and neces
sary to the execution oil that power and exists IN
eXtlnguished and without a0rdgmenl
The power OF making treaties IS delegated to the
President by and with the advice and coosent OF The
Senate, Two thirds concurrDg. Ihls power Is dele
gated in full and unlimited terms. But IN eXplana-
ton Of this power, II proper TO observe that BY
treaty no State cam without It's own consent and con-
currence, be deprived OF any portion oil ITS territory
hls inability o; the treay-maklng power Is not be-
cause OF any limitation expressed IN the Constitution
but is the necessary consequence OF rule OF unyer-
sal obligation, which ope aes upon natlons as wen as
upon individuals. No person can sell mat 10 which
he has not title; no purchaser can acquire tile
from seller who has not good title. The JuTsdic-
ton, empire aud DOMAIN over the territory OF each
State belongs TO the State, not to the United States
AS necessary consequence of this rule, the United
States could not acquire the territory, empire anc
domain OF Cuba ny treaty with France nor could
Spain acquire the territory, empire and DOMAIN oil
Portugal by treaty win Russia.
But as to the territory, domain and empire when
belongs TO the United States (not within the body OF
any State,) the United States may make treaty of
cession to iorelgn power, without obstruction by
any Limitation 10 the power OF making treaues ueie
gated b. the Constitution the United States
AS 10 those territories acquired by the united
states under cessions, ciogged WIN supuiatons ana
conditions as, Tor example, IN me cession from
rance TO The United States, the obligations oil good
iath should present serious reflections, 10 the hnos
oil me PRESIDENT and senate before conciuding ana
ratiying treaty oil cesson oil any part OF such 'er
ftoty' but such supuiatohs ana conuiuons S'er
rathcauoh OF treaty OF cessloh ana deh'ery Oh Po'
session. could not lh'alldete the tue oil foreign ma
uoh 10 whom eesslon shaii nave oeeh 30 n'aue' IA
uleu ana executed ,c-
mat 'he treaty making power ueiesbleo oy 'ne Oon
s'tutoh OF the united STATES does extend 70 Tue ac
QUESTION oil new territory, has feen setled ny the
treaty OF ue purchase 81 Louisiana, oy rresluent 'ei
,ersoni III iooo, from France ra,iheu ahu aPP'o'eo
oy the senate, sanctioned oJ the law-mahihs sppro
Plsuons ior carrying ih'o ehec' lhe treaty anu
manly oy the ADMISSION oy congress oil Tue o'ate ol
LOUISIANA composed OF part OF the ceoeu terI'oiyJ
into The Union. Likewise, IN the treaty WIN Spaln