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1 Relation of the Constitution and Laws of the United States to Territory Acquired by Treaty Or by Conquest 1900

handle is hein.beal/relionc0001 and id is 1 raw text is: THE RELATION OF THE Constitution and Laws of the United States tM Territory acquired by Treaty or by Conquest. Whether the Federal Government had, under the Constitution, power to acquire new territory by any means was regarded as a doubtful point at the time of the Louisiana Purchase and for some time after- wards. That question was set at rest by the decision of the Supreme Court of the United States in Canter v. American Insurance Company (1 Peters, 542). The opinion of the Court was delivered by Chief Justice Marshall. Among other things he says: The course which the argument has taken will require that the Court should take into view the relation in which Florida stands to the United States.. The Constitution con- fers absolutely on the Government of the Union the power of making war and of making treaties; consequently that Govern- ment possesses the power of acquiring terri- tory either by conquest or by treaty. It is said by Chief Justice Marshall, in Gibbons v. Ogden (9 Wheaton, 1), that in respect to the powers of the Government, The Constitution is one of enumeration, not of definition. He rejects the theory of strict construction so much pressed in that cash, and holds that an enumerated power carries along with it all the

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