History of the United States of America, Volume 2 (of 9) : $b During the first administration of Thomas JeffersonAdams, Henry
History
History of the United States of America, Volume 2 (of 9) : $b During the first administration of Thomas Jefferson
Adams, Henry
United States -- History -- 1801-1809; United States -- History -- 1809-1817
The reaction toward Federalist practices was more marked in the
attitude of the Executive than in that of Congress. If Jefferson’s
favorite phrase was true,--that the Federalist differed from the
Republican only in the shade more or less of power to be given
the Executive,--it was hard to see how any President could be more
Federalist than Jefferson himself. A resolution to commit the nation
without its knowledge to an indissoluble British alliance, was more
than Washington would have dared take; yet this step was taken by the
President, and was sustained by Madison, Gallatin, and Robert Smith
as fairly within the limits of the Constitution. In regard to another
stretch of the treaty-making power, they felt with reason the gravest
doubts. When the President and Cabinet decided early in January,
1803, to send Monroe with two million dollars to buy New Orleans and
Florida, a question was instantly raised as to the form in which such
a purchase could be constitutionally made. Attorney-General Lincoln
wished to frame the treaty or convention in such language as to make
France appear not as adding new territory to the United States, but as
extending already existing territory by an alteration of its boundary.
He urged this idea upon the President in a letter written the day of
Monroe’s nomination to the Senate.[64]
“If the opinion is correct,” said he, “that the general
government when formed was predicated on the then existing
_United_ States, and such as could grow out of them, and
out of them only; and that its authority is constitutionally
limited to the people composing the several political State
societies in that Union, and such as might be formed out of
them,--would not a direct independent purchase be extending the
executive power farther, and be more alarming, and improvable
by the opposition and the Eastern States, than the proposed
indirect mode?”
Jefferson sent this letter to Gallatin, who treated it without
favor.[65]
“If the acquisition of territory is not warranted by the
Constitution,” said he, “it is not more legal to acquire for
one State than for the United States.... What could, on his
construction, prevent the President and Senate, by treaty,
annexing Cuba to Massachusetts, or Bengal to Rhode Island, if
ever the acquirement of colonies should become a favorite object
with governments, and colonies should be acquired? But does any
constitutional objection really exist?... To me it would appear,
(1) that the United States, as a nation, have an inherent
right to acquire territory; (2) that whenever that acquisition
is by treaty, the same constituted authorities in whom the
treaty-making power is vested have a constitutional right to
sanction the acquisition.”
Public-domain text, read in full here on John Shaqi.
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