Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1900-08-30

III Tic iduSua6o Va tuO OOVioi "'AOA Va -"
dependence, to levy war, conclude peace,
contract alliances, establish commerce,
and do all other acts and things which in
dependent States might of right do
Each State, separately and for itself, had
all the attributes of sovereignty, and no
man can be hardy enough TO deny, that
at that time, any of the respective States
had the capacity to ertend lis limits, either
By conquest or By purchase. These are the
only two methods, indeed by which terri
tory may be acquired; and there have
been very few wars in which the subjects
of one nation or another have not been
compelled to change masters. In the
year 1881, the articles of Confederation
were finally agreed to, and each State sur
rendered portion of its sovereignty for
the common benefit of the whole. Much
was reserved, but much was given up.
The management of external concerns
was given to Congress, and Congress alone
had the power to levy war, conclude
peace, and contract alliances. The ca
racity of the individual States to acquire
new territory no longer remained to them
1t was surrendered to the General Gov
eminent, with the powers of peace and
war. In the year 1888, the States again
returned, as it were, to their original in
dependence. Their sovereignty was once
more assumed. They dellberated about
the means of more permanent Union,
10 secure to themselves and their posterity
all the blessings of liberty. The present
Constitution was adopted, and even
larger portion of individual sovereignty
was surrendered. The right to declare
war was given to Congress, the right to
make treaties to the President and Sen
ate. Conquest and purchase alone are
the means by which nations acquire ter
ritory. The one can only be effected by
war, the other by treaty, and when the
States Invested themselves of these pow
ers, and gave them to the General Gov
eminent, they gave, at the same time,
that right to acquire territory, which they
themselves originally had. The right
must exist somewhere. 1t is essential to
independent sovereignty"
We have quoted thus extensively from
the chief spokesman of the Jefersonian
Democrats to show that they held, that
under the Constitution the United States
had right to acquire territory by con-
quest and by purchase. The anti-Admin-
istration members of Congress, who were
Federalists, held the same views; but OPP
posed the ratification of the treaty on
other grounds. MIR. Griswold, of Connect
cut, said:
ga new territory and new subjects may
undoubtedly be obtained by conquest and
by purchase; but neither the conquest nor
the purchase can incorporate them into
the Union. They must remain in the con-
dition of colonies, and be governed &C
cordingly. The objection to the third
article is not that the province of Louisi-
ana could not have been purchased, but
that neither this nor any other foreign
nation can be incorporated into the Union
by treaty or by law; and as this country
has been coded to the United States only
under the condition of an incorporation, ii
results that, if the condition is unconstitu-
tional or impossible, the cession itself falls
to the ground"
The clause in the treaty which the Fed
eralsts objected to was one which provided
that the inhabitants of Louisiana "be in
corporated into the Union of the United
States, and admitted as soon as possible,
according to the principles of the Federal
Constitution, to the enjoyment of all the
rights, advantages and immunities of citi-
zens of the United States; and, in the
mean time, they should be maintained and
protected in the free enjoyment of their
liberty, property, and the religion which
they professed."
The Jefersonian Democrats held that
the thousands of creoles in New Orleans,
and the numerous wild Indian tribes that
inhabited the extensive province of Louisi-
ana, coded by the treaty, could be incor'
porated by treaty into the Union as citi-
zens, and that the inhabitants of foreign
country could be annexed or incorporated
as citizens by purchase or by conquest.
The treaty made by President Jefferson
for the purchase of Louisiana, was ratified,
on these grounds, by solid vote of Demo-
cratic members of Congress, and was sup
ported by part of the Federalists.
Without undertaking to prove that the
Jefersonian Democrats were correct in
their contention that there was a natural
right or prerogative of sovereignty in the
Federal Government even if not express
ed in the Constitution, to acquire territory
L