"The only possible objection must be derived from the 12th amendment,
which declares that powers not delegated to the United States nor
prohibited by it to the States are reserved to the States or to the
people. As the States are expressly prohibited from making treaties, it
is evident that if the power of acquiring territory by treaty is not
considered within the meaning of the amendment as delegated to the
United States, it must be reserved to the people. If that be the true
construction of the Constitution, it substantially amounts to this, that
the United States are precluded from and renounce altogether the
enlargement of territory; a provision sufficiently important and
singular to have deserved to be expressly enacted. Is it not a more
natural construction to say that the power of acquiring territory is
delegated to the United States by the several provisions which
authorize the several branches of government to make war, to make
treaties, and to govern the territory of the Union?"[64]
Mr. Jefferson, it is needless to say, was not convinced by this
reasoning. He mildly replied: "I think it will be safer not to permit
the enlargement of the Union but by amendment of the Constitution."[65]
But the heresy spread into his own Virginia church, and his friend and
confidant Wilson Cary Nicholas became infected by it. In reply to him
Mr. Jefferson wrote a passionate appeal: "Our peculiar security is in
the possession of a written Constitution; let us not make it a blank
paper by construction." For a time he adhered to this view, and framed
an amendment to answer his purpose, but at length he resigned himself to
committing the whole responsibility to Congress, and held his peace. Mr.
Gallatin's opinion became the accepted principle of the party and the
ground on which their legislation was made to rest.
[Sidenote: 1804.]
Public-domain text, read in full here on John Shaqi.
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