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
“I wrote you on the 12th instant on the subject of Louisiana and
the constitutional provision which might be necessary for it.
A letter received yesterday shows that nothing must be said on
that subject which may give a pretext for retracting, but that
we should do _sub silentio_ what shall be found necessary.
Be so good, therefore, as to consider that part of my letter as
confidential.”
He gave the same warning to his Cabinet:[74] “I infer that the less
we say about constitutional difficulties the better; and that what is
necessary for surmounting them must be done _sub silentio_.”
He then drew up a new amendment, which he sent to the members of his
Cabinet.[75] The July draft was long, elaborate, and almost a new
Constitution in itself; the August draft was comparatively brief.
“Louisiana as ceded by France to the United States is made a part of
the United States. Its white inhabitants shall be citizens, and stand,
as to their rights and obligations, on the same footing with other
citizens of the United States in analogous situations.” The whole
country north of the Arkansas River was reserved for Indians until
another amendment should be made; and as an afterthought Florida was
to be admitted as a part of the United States “whenever it may be
rightfully obtained.”
These persistent attempts to preserve his own consistency and that of
his party were coldly received. Jefferson found himself alone. Wilson
Cary Nicholas, a prominent supporter of the Virginia Resolutions
in 1798 and a senator of the United States in 1803, had a long
conversation with the President, and in the early days of September
wrote him a letter which might have come from Theodore Sedgwick or
Roger Griswold in the days of Jay’s treaty, when Federalist notions of
prerogative ran highest.
“Upon an examination of the Constitution,” wrote Nicholas,[76]
“I find the power as broad as it could well be made (Sect.
3, Art. IV.), except that new States cannot be formed out of
the old ones without the consent of the _State_ to be
dismembered; and the exception is a proof to my mind that it was
not intended to confine the Congress in the admission of new
States to what was then the territory of the United States.
Nor do I see anything in the Constitution that limits the
treaty-making power, except the general limitations of the other
powers given to the government, and the evident objects for
which the government was instituted.”
Public-domain text, read in full here on John Shaqi.
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