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
The effect of such a precedent on constitutional principles was certain
to be great. A government competent to interpret its own powers so
liberally in one instance, could hardly resist any strong temptation
to do so in others. The doctrines of “strict construction” could
not be considered as the doctrines of the government after they had
been abandoned in this leading case by a government controlled by
strict constructionists. The time came at last when the opponents of
centralization were obliged to review their acts and to discover the
source of their mistakes. In 1856 the Supreme Court was again required
to pronounce an opinion, and found itself confronted by the legislation
of 1803–1804 and the decision of Chief-Justice Marshall in 1828.
Chief-Justice Taney and his associates, in the case of Dred Scott,
then reviewed the acts of Jefferson and his friends in 1803–1804, and
pronounced upon them the final judgment of the State-rights school.
Chief-Justice Taney affirmed the right of the government to buy
Louisiana and to govern it, but not to govern it as a part of the
old territory over which the Constitution gave Congress unlimited
power. Louisiana was governed, according to Marshall’s dictum,
by a power which was “the inevitable consequence of the right to
acquire territory,”--a power limited by the general purposes of the
Constitution, and therefore not extending to a colonial system like
that of Europe. Territory might thus be acquired; but it was acquired
in order to become a State, and not to be held as a colony and governed
by Congress with absolute authority; citizens who migrated to it
“cannot be ruled as mere colonists dependent upon the will of the
general government, and to be governed by any laws it may think proper
to impose.” The chief-justice dwelt on this point at much length; the
federal government, he said, “cannot, when it enters a territory of
the United States, put off its character and assume discretionary or
despotic powers which the Constitution has denied it.”
Even this emphatic opinion, which implied that all the Louisiana
legislation was unconstitutional, did not satisfy Justice Campbell,
a Georgian, who represented the ultimate convictions of the strict
constructionists. Campbell reviewed the national history in search
of evidence “that a consolidated power had been inaugurated, whose
subject comprehended an empire, and which had no restriction but the
discretion of Congress.” He held that the Constitution had been plainly
and repeatedly violated; “and in reference to the precedent of 1804,
the wisest statesmen protested against it, and the President more than
doubted its policy and the power of the government.” The Court, he
said, could not undertake to conquer their scruples as the President
and Congress had done. “They acknowledge that our peculiar security is
in the possession of a written Constitution, and they cannot make it
blank paper by construction.”
Public-domain text, read in full here on John Shaqi.
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