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
This sneer at President Jefferson was almost the last official
expression of strict-constructionist principles. Of its propriety the
Court itself was the best judge, but its historical interest could not
be denied.
If Justice Campbell and Chief-Justice Taney were right, according to
the tenets of their school the legislation of 1803–1804 was plainly
unconstitutional. In that case, by stronger reasoning the treaty itself
was unconstitutional and void from the beginning; for not only did
Jefferson’s doubts to which Campbell alluded refer to the treaty and
not to the legislation, but the treaty was at least equally responsible
with the laws for making, in 1803, a situation which required what
Campbell denounced,--“the supreme and irresistible power which is now
claimed for Congress over boundless territories, the use of which
cannot fail to react upon the political system of the States to its
subversion.”
With the law the story need not concern itself, but the view of
American history thus suggested was peculiarly interesting. If the
chief-justice and his associate expressed correctly the opinions of the
strict-constructionist school, the government had at some time been
converted from a government of delegated powers into a sovereignty.
Such was the belief of Campbell’s political friends. Four years after
the Dred Scott decision was declared, the State of South Carolina,
in Convention, issued an “Address to the People of the Slave-holding
States,” justifying its act of secession from the Union.
“The one great evil,” it declared, “from which all other evils
have flowed, is the overthrow of the Constitution of the United
States. The government of the United States is no longer the
government of confederated republics, but of a consolidated
democracy. It is no longer a free government, but a despotism.”
If the strict constructionists held this opinion, they necessarily
believed that at some moment in the past the government must have
changed its character. The only event which had occurred in American
history so large in its proportions, so permanent in its influence, and
so cumulative in its effects as to represent such a revolution was the
Louisiana purchase; and if the Louisiana purchase was to be considered
as having done what the Federalists expected it to do,--if it had made
a new constitution and a government of sovereign powers,--the strict
constructionists were not only consenting parties to the change, they
were its authors.
Public-domain text, read in full here on John Shaqi.
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