expansionist; their retort was equally dialectic and vapid. The whole discussion would have been empty except for Pickering's contention that there existed no power to incorporate foreign territory into the United States, as was stipulated by the treaty. The House had resolved, ninety to twenty-five, to provide the money and had appointed a committee on provisional government; the Senate ratified the treaty, twenty-six to five. What made the debates and action of Congress epochal was the Federalist contention that Thomas Jefferson as provisional and interim governor was nothing more or less than an American despot in succession to a Spanish tyrant. Where was the Constitution now; where would it be when in appointing the necessary officials--executive, judicial, and legislative--he would usurp not merely Spanish despotism but the powers of both the other branches of the federal government? The Republicans quibbled, too; to appoint these three classes of officials was not to exercise their powers. But they confirmed in unanswerable logic a distinction thus far only mooted in our political history--that between states and territories. Already presidential appointees were exercising all three powers in Mississippi and Indiana. This clenched the contentions of the Republicans, and the bill for provisional government passed by an overwhelming vote on October thirty-first. Both parties throughout the struggle had tacitly abandoned the position that Congress possessed merely delegated powers and nothing further except the ability to carry them into effect. Both therefore admitted the possible interpretation of the Constitution under stress of necessity, and the Federalists in their quibbling contentions lost hold everywhere except in New England. That section saw its influence eclipsed by the preponderance of Southern and Western power and ere long was ripe for secession.