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
Pickering was followed by Dayton of New Jersey, and he by the
celebrated John Taylor of Caroline, the senator from Virginia, whose
Resolutions of 1798, with echoes which were to ring louder and louder
for sixty years to come, had declared “deep regret that a spirit
has in sundry instances been manifested by the federal government
to enlarge its powers by forced constructions of the constitutional
charter which defines them; and that indications have appeared of a
design to expound certain general phrases ... so as to consolidate the
States by degrees into one sovereignty.” In purchasing Louisiana, the
United States government had done an act identical with the despotic
acts of consolidated European governments,--it had bought a foreign
people without their consent and without consulting the States, and
had pledged itself to incorporate this people in the Union. Colonel
Taylor’s argument, so far as it went, supported the act; and although
it evaded, or tried to evade, the most difficult points of objection,
it went as far as the farthest in the path of forced construction. On
the right to acquire territory, Taylor took the ground taken by Joseph
Nicholson in the House,--he inferred it from the war and treaty powers:
“If the means of acquiring and the right of holding are equivalent
to the right of acquiring territory, then this right merged from the
separate States to the United States, as indispensably annexed to the
treaty-making power and the power of making war.” This part of the
Federalist scheme he adopted without a murmur; but when he came to
the next inevitable step, he showed the want of courage often felt by
honest men trying to be untrue to themselves. This territory which
the Washington government could acquire by conquest or treaty,--what
was its status? Could the Washington government “dispose of” it, as
the government was expressly permitted to dispose of the territory it
already held under the Constitution; or must Louisiana be governed
extra-constitutionally by “inherent powers,” as Griswold maintained;
or ought Congress to ask for new and express authority from the
States? Taylor took the first position. The treaty-making power, he
said, was not defined; it was competent to acquire territory. This
territory by the acquisition became a part of the Union, a portion of
the territories of the United States, and might be “disposed of” by
Congress without an amendment to the Constitution. Although Taylor
differed with Jefferson on this point, no objection could be made to
the justice of his opinion except that it left the true dispute to
be settled by mere implication. The power of the government over the
territory had no limits, so far as Colonel Taylor defined it; yet it
either could or could not admit the new territory as a State. If it
could, the government could alter the original compact by admitting
a foreign country as a State; if it could not, either the treaty was
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