The Arkansas banner., 1845-02-05

gence and patriotism of their representatives in Congress, have deemed the ''bondn and guarantee of domestic institutions If suc- ceed in showing that the United States as a alton may acquire and dispose of foreign te rritory, as territory, then will the great m easure of MT. Jeferson7s administration, the purchase of Louisiana, be justified on consti- tutional grounds, and not stand in need of the imperative and indispensable plea of neeeSS iy. 1 Conquest is one mode by which shall endeavor to shew that the United States may acquire territory in accordance with the pro- visions of the Constitution. The Congress are authorized sto declare war, grant letters of marque and reprsal, and to make rules and regulations concerning captures on land and water.'' The Constitution leaves Con gress unrestricted as regards the rules for scapture on land and water" Then the rule of right, and the laws of nations, would na- turally limit. It then becomes matter of enquiry, what are the fundamental rules as recognized by the laws of nations, in relation to captures on land and water.
 The captures on water, or in other words on the high seas, have been long and well settled under the admiralty and maritime de- cisions of the several Christian nations - That the successful or victorious party keep and appropriate to their own use all such property as may be taken from the enemy in lawful combat; and the persons of the ene- my are placed at the disposal of the govern ment making the capture. In ancient times, the rules of capture subjected the persons ta- ken to be put to death; or what was Little better, made them the slaves for life, of the captors. Civilization, and high regard for the sympathies of human nature, have mod erated this harsh rule and the persons or prisoners of war are now held in durance SO as to prevent their further action in the war, and are generally exchanged with the enemy for an equal number of prisoners that may have fallen into their hands,
 The 'Erule" that obtains in relation to cap- lures on land, is the same
 War by land can only in general be carried on ohensively by invading the euemy's coun- try. or defensively by expelIing the enemy from the soil of our own country when in- yaded.
 On a successful invasion of an enemy's country, the forts, arsenas, dock-vartls. and country at large. may fall into the hands and possession of the invading nation; and when the successful nation has the power, and in- terest, in retaining the capture made on land, they have always, and under the sanction of the laws of nations, exercised the right of in- cooperating the captured country, whether the same be an "organized sate'7 or wilder ness, into their dominion, and retaining the same; and the Constitution of the U States, so far from prohibiting this "rue, for the disposal of captures on land, seems to have made provision exactly suited 10 such an exigeney. New States may be admitted by the Congress into the URion.H And further "The Congress shall have power to dispose of and make all needfal rules and regulations respecting the territory or property belonging to the United States.2'
 The right 10 make war If successfully sup poses the power of conquest, and theremoyal Of the evil of which we complain. And the retention ot the conquered country may be as
 imperative as was the cause that justified the declaration of the war And the framers of our Constitution seem to have had this view of the subject, when they inserted the provi- sion that new States may be admitted by the Congress into the Union. And a careful ex- animation oi the history of the times. and the } causes that induced the convention to insert this provision in the Constitution. it will he found that It was not solely with a view to } provide for the admission. as States. of the territory the United States then had and held; but that they had an eye to the acquisition and incorporation Of Canadd into the Union, at some future dayseither by treaty, conquest, : or some other mode of acquisition So that 1t llgltimaely follows that territory, as such, may be acquired, by the United States, and in accordance with the provisions of the Con- stltutlon-by conquest.
 r 4 second mode of acquiring territory. by the United States, l shall endeavor to show. ], may be done by keatg s.Ihe President shall have power, by and with the advice and con- sent oi the Senate, to make treaties, provided tWo-thrds oi the Senators present concur.n I he power to make treaties IS, by the Con- stitutlon, general, and, of course, il embraces all sorts Of treaties for peace or war, com mefce, or territory, for alliance, &c. This power being in general terms, and no part of the Constitution prescribing or limiting what shall be the subject matter of treaty, that may be entered into by the Executive of the U. States, we are left to infer what are proper subjects of the treaty making power, by re- ference to what were the customs of the Hen civilized nations of the world, in relation to the subject matter of treaties; and more par tcuarly to what was the settled practice and policy of Great Britain, he country from whom we inherit the fundamental principles oi our jurisprudence, alrlsin a great measure copied our political institutions
 What was the subject matter of the treaty making power then exercised by inc English government' Among the many subjects then pracilsed and recognized by that govern- meni, were treaties of peace, war, commerce.. for territory, for alliance, Sc. These being part of the subjects usually arranged by treaty, by that Government, and by all other Christian nations, 1t is fair to suppose that when giving to the Executive of the United siaiss' by and with the advice md consent of Inc Senate, the treaty making power. they in-