4807. LOUISIANA, The Constitution and.—[further continued].
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. 12, 1803)