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
Coldly as his ideas were received in the Cabinet, Jefferson did not
abandon them. Another month passed, and a call was issued for a special
meeting of Congress October 17 to provide the necessary legislation for
carrying the treaty into effect. As the summer wore away, Jefferson
imparted his opinions to persons outside the Cabinet. He wrote, August
12, to Breckenridge of Kentucky a long and genial letter. Congress, he
supposed,[72] after ratifying the treaty and paying for the country,
“must then appeal to _the nation_ for an additional article to the
Constitution approving and confirming an act which the nation had not
previously authorized. The Constitution has made no provision for our
holding foreign territory, still less for incorporating foreign nations
into our Union. The Executive, in seizing the fugitive occurrence which
so much advances the good of their country, have done an act beyond
the Constitution. The Legislature, in casting behind them metaphysical
subtleties and risking themselves like faithful servants, must ratify
and pay for it, and throw themselves on their country for doing for
them unauthorized what we know they would have done for themselves had
they been in a situation to do it.”
Breckenridge--whose Kentucky Resolutions, hardly five years before,
declared that unconstitutional assumptions of power were the surrender
of the form of government the people had chosen, and the replacing it
by a government which derived its powers from its own will--might be
annoyed at finding his principles abandoned by the man who had led
him to father them; and surely no leader who had sent to his follower
in one year the draft of the Kentucky Resolutions could have expected
to send in another the draft of the Louisiana treaty. “I suppose they
must then appeal to _the nation_” were the President’s words; and
he underscored this ominous phrase. “We shall not be disavowed by the
nation, and their act of indemnity will confirm and not weaken the
Constitution by more strongly marking out its lines.” The Constitution,
in dealing with the matter of amendments, made no reference to the
nation; the word itself was unknown to the Constitution, which
invariably spoke of the _Union_ wherever such an expression was
needed; and on the Virginia theory Congress had no right to appeal to
the nation at all, except as a nation of States, for an amendment. The
language used by Jefferson was the language of centralization, and
would have been rejected by him and his party in 1798 or in 1820.
On the day of writing to Breckenridge the President wrote in a like
sense to Paine; but in the course of a week despatches arrived from
Paris which alarmed him. Livingston had reason to fear a sudden change
of mind in the First Consul, and was willing to hasten the movements of
President and Congress. Jefferson took the alarm, and wrote instantly
to warn Breckenridge and Paine that no whisper of constitutional
difficulties must be heard:[73]--
Public-domain text, read in full here on John Shaqi.
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