Page:Henry Adams' History of the United States Vol. 2.djvu/144

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1803.
LOUISIANA LEGISLATION.
127

friends in 1803-1804, and pronounced upon them the final judgment of the States-rights school.

Chief-Justice Taney affirmed the right of the government to buy Louisiana and to govern it, but not to govern it as a part of the old territory over which the Constitution gave Congress unlimited power. Louisiana was governed, according to Marshall's dictum, by a power which was "the inevitable consequence of the right to acquire territory,"—a power limited by the general purposes of the Constitution, and therefore not extending to a colonial system like that of Europe. Territory might thus be acquired; but it was acquired in order to become a State, and not to be held as a colony and governed by Congress with absolute authority; citizens who migrated to it "cannot be ruled as mere colonists dependent upon the will of the general government, and to be governed by any laws it may think proper to impose." The chief-justice dwelt on this point at much length; the federal government, he said, "cannot, when it enters a territory of the United States, put off its character and assure discretionary or despotic powers which the Constitution has denied it."

Even this emphatic opinion, which implied that all the Louisiana legislation was unconstitutional, did not satisfy Justice Campbell, a Georgian, who represented the ultimate convictions of the strict constructionists. Campbell reviewed the national history in search of evidence "that a consolidated power had been inaugurated, whose subject comprehended an