where all power was delegated to
them (as in the case of despotic governments,) or, 2. where it was
expressly delegated; that neither of these delegations had been made
to our General Government, and, therefore, that it had no right
to dismember or alienate any portion of territory once ultimately
consolidated with us; and that we could no more cede to the Indians
than to the English or Spaniards, as it might, according to acknowledged
principles, remain as irrevocably and eternally with the one as the
other. But I thought, that, as we had a right to sell and settle lands
once comprehended within our lines, so we might forbear to exercise
that right, retaining the property, till circumstances should be more
favorable to the settlement, and this I agreed to do in the present
instance, if necessary for peace.
Hamilton agreed to the doctrine of the law of nations, as laid down in
Europe, but that it was founded on the universality of settlement there;
consequently that no lopping-off of territory could be made without a
lopping-off of citizens, which required their consent; but that the law
of nations for us, must be adapted to the circumstance of our unsettled
country, which he conceived the President and Senate may cede: that
the power of treaty was given to them by the constitution, without
restraining it to particular objects; consequently that it was given in
as plenipotentiary a form as held by any sovereign in any other society.
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