8403. TERRITORY, Holding foreign.—
The Constitution has made no provision for
our holding foreign territory, still less for incorporating
foreign nations into our Union.
The Executive in seizing the fugitive occurrence
[Louisiana purchase] which so much
advances the good of their country, have done
an act beyond the Constitution. The Legislature
in casting behind them metaphysical
subtleties, and risking themselves like faithful
servants, must ratify and pay for it, and
throw themselves on their country for doing
for them unauthorized, what we know they
would have done for themselves had they
been in a situation to do it. It is the case of
a guardian, investing the money of his ward
in purchasing an important adjacent territory;
and saying to him when of age, I did this for
your good; I pretend to no right to bind you:
you may disavow me, and I must get out of
the scrape as I can. I thought it my duty to
risk myself for you. But we shall not be disavowed
by the nation, and their act of indemnity
will confirm and not weaken the Constitution,
by more strongly marking out its
lines.—
To John C. Breckenridge. Washington ed. iv, 500.
Ford ed., viii, 244.
(M.
Aug. 1803)
