But if the change in national outlook was radical, that in
constitutional attitude was even more so. The constitutions of our
original states were the expression of political habits in a
community, the Federal Constitution was in the main a transcript of
those elements which were common in some degree to all the British
colonies. It was an age of written constitutions, because the flux of
institutions was so rapid that men needed a mooring for the
substantial gains they had made. The past was so recent that statesmen
were timid, and they wanted their metes and bounds to be fixed by a
monument. Nothing was more natural than to pause and fall back on the
record thus made permanent, and strict construction was and long
continued to be a political fetish. The Louisiana purchase was a
circumstance of the first importance in party struggle. Yet neither
Federalist nor Republican dared, after mature deliberation, to urge
the question of constitutional amendment as essential to meet the
crisis thus precipitated. The enormous price entailed what was felt to
be an intolerable burden of taxation, and in the uproar of spoken and
printed debate played no small part. But the vital question was
whether the adjustment of new relations was constitutional.
Never did the kaleidoscope of politics display a more surprising
reversal of effect. The loose-construction party lost its wits
entirely, while the strict constructionists suddenly became the
apostles not of verbal but of logical construction. Jefferson violated
his principles in signing the treaty, but he was easily persuaded that
amendment was not necessary, that on the contrary the treaty-making
power covered the case completely. This was not conquest, which would
have been covered by the war power, but purchase, which is covered by
the treaty power, surrendered, like the other, by the states to the
federal government. The Federalists were represented in the House by
Gaylord Griswold; in the Senate by Ross and Pickering. Their
resistance was identical in both factious to the highest degree. They
contended that the executive had usurped the powers of Congress by
regulating commerce with foreign powers and by incorporating foreign
soil and foreign people with the United States, this last being a
power which it was doubtful whether Congress possessed. Supposing,
however, that New Orleans became American, how could a treaty be valid
which gave preferential treatment to that single port in admitting
French and Spanish ships on equal terms with those owned by Americans?
The treaty, they asseverated, was therefore unconstitutional and, even
worse, impolitic, because we were unfitted and did not desire to
incorporate into our delicately balanced system peoples different in
speech, faith, and customs from ourselves. They were, however, only
mildly opposed to expansion; they were determined and captious in the
interpretation of the Constitution. The party in power were avowedly