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
void, or government must apply to the people of the States for new
powers.
Uriah Tracy of Connecticut replied to Taylor in a speech which was
probably the best on his side of the question. His opposition to the
purchase was grounded on a party reason: “The relative strength
which this admission gives to a Southern and Western interest is
contradictory to the principles of our original Union.” The President
and Senate had no power to make States, and the treaty was void.
“I have no doubt but we can obtain territory either by conquest
or compact, and hold it, even all Louisiana and a thousand times
more if you please, without violating the Constitution. We can
hold territory; but to admit the inhabitants into the Union,
to make citizens of them, and States, by treaty, we cannot
constitutionally do; and no subsequent act of legislation, or
even ordinary amendment to our Constitution, can legalize such
measures. If done at all, they must be done by universal consent
of all the States or partners to our political association; and
this universal consent I am positive can never be obtained to
such a pernicious measure as the admission of Louisiana,--of a
world, and such a world, into our Union. This would be absorbing
the Northern States, and rendering them as insignificant in the
Union as they ought to be, if by their own consent the measure
should be adopted.”
Tracy’s speech was answered by Breckenridge of Kentucky, who had
induced the Kentucky legislature, only five years before, to declare
itself determined “tamely to submit to undelegated, and consequently
unlimited, powers in no man or body of men on earth;” and to assert
further that submission to the exercise of such powers “would be to
surrender the form of government we have chosen, and to live under one
deriving its powers from its own will, and not from our authority.”
When he came to deal with the same question in a new form, he glided
with extreme delicacy over the thin ice of the Constitution. His
answer to Tracy was an admission. He pointed out that the Federalist
argument carried centralization further than it was carried by this
treaty. “By his construction,” said Breckenridge, “territories and
citizens are considered and held as the property of the government of
the United States, and may consequently be used as dangerous engines
in the hands of the government against the States and people.” This
was true. The Federalists maintained that such territory could be
held only as property, not as part of the Union; and the consequences
of this doctrine, if granted, were immense. Breckenridge argued
that the admission by treaty of a foreign State was less dangerous,
and therefore more constitutional, than such ownership of foreign
territory. The conclusion was not perfectly logical, and was the less
so because he denied the power in neither case. “Could we not,” he
went on, quoting from Tracy’s speech, “incorporate in the Union some
Public-domain text, read in full here on John Shaqi.
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