Louisiana Treaty.
House of Representatives, October 25, 1803.
Mr. ELLIOT. The Constitution is silent on the subject of the acquisition of territory; therefore the treaty is unconstitutional. This question is not to be determined from a mere view of the Constitution itself, although it may be considered as admitted that it does not prohibit, in express terms, the acquisition of territory. It is a rule of law that, in order to ascertain the import of a contract, the evident intention of the parties, at the time of forming it, is principally to be regarded. Previous to the formation of this Constitution, there existed certain principles of the law of nature and nations, consecrated by time and experience, in conformity to which the Constitution was formed. The question before us, I have always believed, must be decided upon the law of nations alone.
Dr. MITCHELL. The people, in forming their Constitution, had an eye to that law of nations which is deducible by natural reason, and established by common consent, to regulate the intercourse and concerns of nations. With a view to this law the treaty-making power was constituted, and, by virtue of this law, the government and people of the United States, in common with all other nations, possess the power and right of making acquisitions of territory by conquest, cession, or purchase.
Mr. SMILIE. We are obliged to admit the inhabitants according to the principles of the Constitution. Suppose those principles forbid their admission; then we are not obliged to admit them. This followed as an absolute consequence from the premises. There, however, existed a remedy for this case, if it should occur; for, if the prevailing opinion shall be, that the inhabitants of the ceded territory cannot be admitted under the Constitution, as it now stands, the people of the United States can, if they see fit, apply a remedy, by amending the Constitution so as to authorize their admission. And if they do not choose to do this, the inhabitants may remain in a colonial state.
Mr. RODNEY. In the view of the Constitution, the Union is composed of two corporate bodies—of states and territories. A recurrence to the Constitution will show that it is predicated on the principle of the United States' territory, either by war, treaty, or purchase. There was one part of that instrument within whose capacious grasp all these modes of acquisition were embraced. By the Constitution, Congress have power to "lay and collect taxes, duties, imposts, and excises; to pay the debts and provide for the common defence and general welfare of the United States." To provide for the general welfare. The import of these terms is very comprehensive indeed. If this general delegation of authority be not at variance with other particular powers specially granted, nor restricted by them,—if it be not in any degree comprehended in those subsequently delegated,—I cannot perceive why, within the fair meaning of these general provisions, is not included the power of increasing our territory, if necessary for the general welfare or common defence.
Mr. TRACY, among other objections, said that the 7th article admits, for twelve years, the ships of France and Spain into the ceded territory, free of foreign duty. This is giving a commercial preference to those ports over the other ports of the United States, because it is well known that a duty of forty-four cents on tonnage, and ten per cent, on duties, are paid by all foreign vessels in all the ports of the United States. If it be said we must repeal those laws, and then the preference will cease, the
