they not appropriate it for all objects of the same sort? If the territory can be purchased, it must be governed; and a territorial government must be created. But where can congress find authority in the constitution to erect a territorial government, since it does not possess the power to erect corporations?
§ 1281. Such were the objections, which have been, and in fact may be, urged against the cession, and the appropriations made to carry the treaty into effect. The friends of the measure were driven to the adoption of the doctrine, that the right to acquire territory was incident to national sovereignty; that it was a resulting power, growing necessarily out of the aggregate powers confided by the federal constitution; that the appropriation might justly be vindicated upon this ground, and also upon the ground, that it was for the common defence and general welfare. In short, there is no possibility of defending the constitutionality of this measure, but upon the principles of the liberal construction, which has been, upon other occasions, so earnestly resisted.[1]
- ↑ See the Debates in 1803, on the Louisiana Treaty, printed by T. & G. Palmer in Philadelphia, in 1804, and 4 Elliot's Debates 257 to 260. The objections were not taken merely by persons, who were at that time in opposition to the national administration. President Jefferson himself (under whose auspices the treaty was made,) was of opinion, that the measure was unconstitutional, and required an amendment of the constitution to justify it. He accordingly urged his friends strenuously to that course; at the same time he added, "that it will be desirable for congress to do what is necessary in silence"; "whatever congress shall think necessary to do should be done with as little debate as possible, and particularly so far as respects the constitutional difficulty." "I confess, then, I think it important in the present case, to set an example against broad construction by appealing for new power to the people. If, however, our friends shall think differently, certainly I shall acquiesce with satisfaction; confiding, that the good sense of our country will correct the evil of construction, when it shall produce ill effects." What a latitude of interpretation is this! The constitution may be over-
