History of the United States of America, Volume 2 (of 9) : $b During the first administration of Thomas Jefferson — John Shaqi
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
Had Nicholas reasoned thus in 1798 he would have been a Federalist, as
he seemed conscious, for he went on to say: “I am aware that this is to
us delicate ground, and perhaps my opinions may clash with the opinions
given by our friends during the discussion of the British treaty.”
Nevertheless he argued that if this treaty was unconstitutional, all
other treaties were open to the same objection, and the United States
government in such a case could make no treaty at all. Finally, he
begged the President to avoid giving an opinion on the subject: “I
should think it very probable if the treaty should be declared by you
to exceed the constitutional authority of the treaty-making power, it
would be rejected by the Senate, and if that should not happen, that
great use would be made with the people of a wilful breach of the
Constitution.”
Such reasoning in the mouths of Virginia Republicans, who had asked and
gained office by pledging themselves to their people against the use
of implied powers, marked a new epoch. From them the most dangerous of
all arguments, the _reductio ad absurdum_, was ominous. What right
had they to ask whether any constitutional grant was less complete
than the people might have wished or intended? If the Constitution
were incomplete or absurd, not the government, but the people of the
States who had made it were the only proper authority to correct it.
Otherwise, as Nicholas had so often pointed out, their creature would
become their tyrant, as had been the law of politics from the beginning.
Jefferson was distressed to find himself thus deserted by his closest
friends on an issue which he felt to be vital. The principle of strict
construction was the breath of his political life. The Pope could as
safely trifle with the doctrine of apostolic succession as Jefferson
with the limits of Executive power. If he and his friends were to
interpret the treaty-making power as they liked, the time was sure to
come when their successors would put so broad an interpretation on
other powers of the government as to lead from step to step, until at
last Virginia might cower in blood and flames before the shadowy terror
called the war-power. With what face could Jefferson then appear before
the tribunal of history, and what position could he expect to receive?
All this he felt in his kindly way; and with this weight on his mind
he wrote his reply to Nicholas.[77] Beginning with the warning that
Bonaparte could not be trusted, and that Congress must act with as
little debate as possible, particularly as respected the constitutional
difficulty, he went on:--
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