The United States of America, Part 1: 1783-1830Sparks, Edwin Erle
History
The United States of America, Part 1: 1783-1830
Sparks, Edwin Erle
United States -- History
Among the many constitutional dilemmas into which the party had been
brought by this compulsory action, was a provision of the treaty that
the port of New Orleans should enjoy certain favours for a number of
years. To reconcile this exception with the Constitution, which says
that "all duties, imposts, and excises shall be uniform throughout the
states," it was declared that the territory had been purchased by the
States in their confederated capacity and they could hold it like a
colony. Therefore, the Congress could regulate it as a territory under
the Constitution without reference to the provisions affecting the
States. Thus did fate compel a virtual acknowledgment from the sticklers
for individual rights, within four years after their accession to
national control, that the Constitution did not follow in all its
provisions the extension of sovereignty over new soil.
From a broad point of view, the placing of sixty years of territorial
expansion in the hands of the party opposed to the practice by birth
and nature is a strong evidence of the checks and balances which have
made the nation. Under strict construction, territorial expansion
became a potent factor in loosening the bonds in which the Government
might have been confined. Under loose construction, expansion might
have become a centrifugal force through foreign conquest and colonial
holding which would have destroyed the free system it was intended to
build up. The Jeffersonians were moved in later expansions by a desire
to extend an economic system and to make party capital. They never
sought national aggrandisement, as their opponents might have done had
they been in power. Proud of the territorial growth of the Union as
we now are, and seeing so clearly the wisdom of the final consummation,
we forget that the domain might have been increased too rapidly or too
extensively in more sympathetic hands.
In still another way was the fallacy of strict construction laid bare
by the Louisiana question. The remedy of an amendment to the
Constitution to bestow needed powers had been the one frequently
suggested. Here was an early opportunity to test this constitutional
preventive against central usurpation. But time was wanting. "From the
moment that France takes possession of the mouth of the Mississippi,"
said Jefferson, "she becomes our mortal enemy." Amendment-making is
necessarily a slow process. Months if not years are required. Jefferson
was obliged reluctantly to abandon his first thought of an amendment
to cover both the present case of Louisiana and the future affair of
the Floridas, if they were not included in Louisiana. He was forced
to suggest to members of Congress that the less said about any
constitutional difficulty the better, and that it would be desirable
for that body to do what was necessary in silence.
Public-domain text, read in full here on John Shaqi.
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