Problems of Expansion / As Considered in Papers and Addresses

by Whitelaw Reid

4. The Protocol of Washington.

5. The Peace of Paris.

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1

POWER TO ACQUIRE AND GOVERN TERRITORY

The United States has as much power as any other Government.

"The Constitution of the United States established a Government, and not a league, compact, or partnership.... As a Government it was invested with all the attributes of sovereignty.... It is not only a Government, but it is a National Government, and the only Government in this country that has the character of nationality.... Such being the character of the General Government, it seems to be a self-evident proposition that it is invested with all those inherent and implied powers which, at the time of adopting the Constitution, were generally considered to belong to every Government as such, and as being essential to the exercise of its functions." (Mr. Justice Bradley, United States Supreme Court, Legal Tender Cases, 12 Wall. 554.)

The United States can acquire territory by conquest or by treaty, as a condition of peace or as indemnity.

"The United States ... may extend its boundaries by conquest or treaty, and may demand the cession of territory as the condition of peace, in order to indemnify its citizens for the injuries they have suffered, or to reimburse the Government for the expenses of the war. But this can only be done by the treaty-making power or the legislative authority." (United States Supreme Court, Fleming et al. v. Page, 9 How. 614.)

The United States can have a valid title by conquest to territory not a part of the Union.