TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 13 P32

Gale Encyclopedia of American Law Volume 13 P32 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 296 CIVIL RIGHTS PRIMARY DOCUMENTS SLAVERY DRED SCOTT V. SANDFORD the United States do not apply to territory acquired by treaty from a foreign nation. This objection must rest upon the position that the Constitution did not authorize the Federal Government to acquire foreign territory and consequently has made no provision for its government when acquired or that though the acquisition of foreign territory was contemplated by the Constitution its provisions concerning the admission of new States and the making of all needful rules and regulations respecting territory belonging to the United States were not designed to be applicable to territory acquired from foreign nations. It is undoubtedly true that at the date of the treaty of 1803 between the United States and France for the cession of Louisiana it was made a question whether the Constitution had conferred on the Executive Department of the Government of the United States power to acquire foreign territory by a treaty. There is evidence that very grave doubts were then entertained concerning the existence of this power. But that there was then a settled opinion in the executive and legislative branches of the government that this power did not exist cannot be admitted without at the same time imputing to those who negotiated and ratified the Treaty and passed the laws necessary to carry it into execution a deliberate and known violation of their oaths to support the Constitution and whatever doubts may then have existed the question must now be taken to have been settled. Four distinct acquisitions of foreign territory have been made by as many different treaties under as many different administrations. Six States formed on such territory are now in the Union. Every branch of this government during a period of more than fifty years has participated in these transactions. To question their validity now is vain. As was said by Mr. Chief Justice Marshall in The American Insurance Company v. Canter 1 Pet. 542 the

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