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
Three paths were open. The safest was to adopt an amendment of the
Constitution admitting Louisiana into the Union and extending over
it the express powers of Congress as they had applied to the old
territory of the United States. The second course was to assume that
the new territory became, by the fact of acquisition, assimilated
to the old, and might be “disposed of” in the same way. The third
was to hold it apart as a peculiar estate, and govern it, subject to
treaty stipulations, by an undefined power implied in the right to
acquire,--on the principle that government certainly had the right to
govern what it had the right to buy.
The first plan, which was in effect Jefferson’s original idea,
preserved the theory of the Constitution as far as was possible;
but the Republicans feared the consequences with France and Spain
of throwing a doubt on the legality of the treaty. Another reason
for their activity lay in the peculiarities of their character as a
party. The Northern democrats, never strict constructionists, knew and
cared little for the dogmas of their Southern allies. The Southern
Republicans, especially those of the Virginia school, were honest in
their jealousy of the central government; but as a class they were
impatient of control and unused to self-restraint: they liked to do
their will, and counted so surely on their own strength and honesty of
purpose that they could not feel the need of a curb upon their power.
None of them moved. The only man in Congress who showed a sincere wish
to save what could be preserved of the old constitutional theory was
Senator Adams of Massachusetts, who called upon Madison October 28,
before the debate, to ask whether the Executive intended, through any
member of either House, to propose an amendment of the Constitution to
carry the treaty into effect.[80] Madison talked to him openly, and
expressed ideas which as far as they went were the same with those of
Jefferson. For his own part, said Madison, had he been on the floor of
Congress he should have seen no difficulty in acknowledging that the
Constitution had not provided for such a case as this; that it must be
estimated by the magnitude of the object; and that those who had agreed
to it must rely upon the candor of their country for justification.
Probably, when the immediate pressure of special legislation was past,
the matter would be attended to; and if he should have any agency in
concerting the measure, he would request its mover to consult Senator
Adams. There for a month the matter rested, while Congress adopted its
special legislation.
Public-domain text, read in full here on John Shaqi.
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