186
CONSTITUTION OF THE U. STATES.
[BOOK III.
ish posts, or in maintaining and acquiring the territory, should be reimbursed.[1]
§ 1311. Of the power of the general government thus constitutionally to acquire territory under the articles of the confederation, serious doubts were at the time expressed; more serious than, perhaps, upon sober argument, could be justified. It is difficult to conceive, why the common attribute of sovereignty, the powder to acquire lands by cession, or by conquest, did not apply to the government of the Union, in common with other sovereignties; unless the declaration, that every power not expressly delegated was retained by the states, amounted to (which admitted of some doubt) a constitutional prohibition.[2] Upon more than one occasion it has been boldly pronounced to have been founded in usurpation. "It is now no longer," said the Federalist in 1788,a point of speculation and hope, that the western territory is a mine of vast wealth to the United States; and although it is not of such a nature, as to extricate them from their present distresses, or for some time to come to yield any regular supplies for the public expenses; yet it must hereafter be able, under proper management, both to effect a gradual discharge of the domestic debt, and to furnish for a certain period liberal tributes to the federal treasury. A very large proportion of this fund has been already surrendered by individual states; and it may with reason be expected, that the remaining states will not persist in withholding similar proofs of their equity and generosity.
- ↑ See 1 Secret Journals of Congress, 6th Sept. 1780, p. 440 to 444; 6 Journal of Congress, 10th Oct. 1780, p. 213; 2 Pitkin's Hist. ch. 11, p. 34, 35, 36; 7 Journal of Congress, 1st March, 1781, p. 43 to 48; Land Laws of U. S. Introductory chapter, 1 U. S. Laws, p. 452, (Duane & Bioren's Edition.)
- ↑ See Amer. Insur. Company v. Canter, 1 Peters's Sup. R. 511, 542.
