The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-01-22

on the western bank Of the great river.
He did not foresee, as had his farslghVeu
contemporary, Hamilton, that the acPul''-
ton Of the Louisiana Territory was neces-
sty for the future welfare OF the Union
IL Is well known that eventually OWING W
the collapse of the French expedition
against San Domingo and TO the appre-
hension that an attempt on Great brltaln
part 20 seize the mouths OF the mississippi
was imminent, Napoleon instructed nus
Ministers to sell the whole Of the Louisiana
Territory as quickly and as proiitabiy as
possible. After some haggling about the
price, the American plenipotentiaT5es signed
on May 2, 1903, the French copy oil
treaty by which the United States agreed
TO pay for all the territory possessed oy
France on the mainland OF North America
so, Ooo, 900 francs, which sum was TO include
the debts due to American claimants
The treaty was signed, but would II De
ratihodl Had the United States. under
their Constitution. any right TO extend
their geographical limits? 1t was PLAIN
enough to jefferson that some very en-
barrassing constitutional questions mao
been raised by the purchase of the LOUISIANA
territory. In the first place, the President
believed that ne had exceeded his au-
thority In making the purchase on the
terms agreed upon. Congress had en-
powered him to expend 100000 ana hls
diplomatic representatives had covenanteo
70 pay some $4,000, 900. They had peen
instructed TO acquire New Orleans and
a small amount Of adjacent territory and
instead Of doing this they would have
doubled the area OF the United States
should the treaty be confirmed. These
objections might have been got over; II
was the constitutional question that gave
jefferson most trouble. According to the
Constitution, Congress shall have power
10 dispose Of and mako all needful rules
and regulations respecting the territory
and other property belonging TO the United
States but this delegation Of power only
applied to lands owned at the time OF the
adoption OF the Constitution. 1t did not
expressly give the right TO acquire new
territory jefferson was afraid that 10
sanction the purchase made by his agents
would be taken as precedent, and that
such a broad construction OF the Constltu-
ton would make waste paper OF II. he
believed, nevertheless, that ratification OF
the purchase was the will OF the American
people, and he expected the people, through
their representatives, TO ratify the act.
He said, frankly:
The Constitution has made no provision
for our holding foreign territories, still
less for our incorporating foreign nations
into the Union. The Executive has done
An act beyond the Constitution. The legis-
lators, in casting behind them metaphysical
subtleties, and risking themselves like
faithful servants, must ratify the purchase
and pay for it, and throw themselves on
their constituents for doing for them, I'M
authorized. what we know they would
have done for themselves had they been
in a position to do it, In a letter TO Brock
inridge Of Kentucky. written Aug IL, 1903,
Jefferson expressed the opinion that, after
the treaty Of purchase had been ratified.
Congress would have to appeal TO the
nation for an additional article TO the Con-
sitution approving and confirming an act
which the nation had not previously au-
thorized." In order to have his idea
carried out. jefferson actually drew up
an amendment land submitted it to the
Cabinet, which, however, took little notice
of his effort to remain true to the Consti-
tuition and still obtain the coveted terri
tory. Subsequently he submitted another
and much briefer draft of constitutional
amendment; but this again, much TO his
discomfort, was never seriously considered.