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 am aware of the force of the observations you make on the
power given by the Constitution to Congress to admit new States
into the Union without restraining the subject to the territory
then constituting the United States. But when I consider that
the limits of the United States are precisely fixed by the
treaty of 1783, that the Constitution expressly declares itself
to be made for the United States, ... I do not believe it was
meant that [Congress] might receive England, Ireland, Holland,
etc., into it,--which would be the case on your construction....
I had rather ask an enlargement of power from the nation, where
it is found necessary, than to assume it by a construction which
would make our powers boundless. Our peculiar security is in the
possession of a written Constitution. Let us not make it a blank
paper by construction. I say the same as to the opinion of those
who consider the grant of the treaty-making power as boundless.
If it is, then we have no Constitution.”
From the Virginia standpoint nothing could be better said. Jefferson
in this letter made two points clear: the first was that the admission
of Louisiana into the Union without express authority from the
States made blank paper of the Constitution; the second was that if
the treaty-making power was equal to this act, it superseded the
Constitution. He entertained no doubts on either point, and time
sustained his view; for whether he was right or wrong in law, the
Louisiana treaty gave a fatal wound to “strict construction,” and the
Jeffersonian theories never again received general support. In thus
giving them up, Jefferson did not lead the way, but he allowed his
friends to drag him in the path they chose. The leadership he sought
was one of sympathy and love, not of command; and there was never a
time when he thought that resistance to the will of his party would
serve the great ends he had in view. The evils which he foresaw were
remote: in the hands of true Republicans the Constitution, even though
violated, was on the whole safe; the precedent, though alarming, was
exceptional. So it happened that after declaring in one sentence the
Constitution at an end if Nicholas had his way, Jefferson in the next
breath offered his acquiescence in advance:--
“I confess I think it important in the present case to set an
example against broad construction by appealing for new power to
the people. If, however, our friends shall think differently,
certainly I shall acquiesce with satisfaction, confiding
that the good sense of our country will correct the evil of
construction when it shall produce ill effects.”
Public-domain text, read in full here on John Shaqi.
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