's power to acquire territory, as was done under the
treaty of 1803, and considering the fact that we have since that
time immensely increased our area by the acquisition, not only
of neighboring territory, but of distant islands of the sea,
separated by thousands of miles from our home domain, we may be
inclined to think lightly of President Jefferson's scruples
concerning the acquisition of lands, not only next adjacent to
us, but indisputably necessary to our peace and development.
There were wise men near our President in 1803 who differed with
him touching the nation's power to acquire new territory under
the original provisions of the Constitution; and these men did
not fail to make known their dissent. Moreover, in the Senate,
to which the treaty was submitted for confirmation, there was an
able discussion of its constitutional validity and
effectiveness. The judgment of that body on this phase of the
subject was emphatically declared, when out of 31 votes 24 were
cast in favor of confirmation. An amendment to the Constitution
was afterwards presented to Congress, but its first appearance
was its last. It does not appear that the President interested
himself in its fate, and it died at the moment of introduction.
While in this day and generation we may wonder at the doubts
which so perplexed Jefferson in 1803 and at his estimate of the
limitation of our fundamental law, and may be startled when we
reflect that if they had been allowed to control his action we
might have lost the greatest national opportunity which has been
presented to our people since the adoption of the Constitution,
we can not fail at the same time to be profoundly grateful that
these doubts and this estimate were those of a man sincere
enough and patriotic enough to listen to wise and able
counselors and to give his country the benefit of his admission
of the fallibility of his judgment.
Thomas Jefferson never furnished better evidence of his
greatness than when, just before the submission of the treaty to
the Senate, he wrote to a distinguished Senator who differed
with him on this question: "I confess that 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, certainl
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