mited
to the selection of laws from the States; and provision was made for
the introduction of popular institutions, and their emancipation from
Federal control, whenever a suitable opportunity occurred. The limited
reservation of legislative power to the officers of the Federal
Government was excused, on the plea of _necessity_; and the
probability is, that the clauses respecting slavery embody some
compromise among the statesmen of that time; beyond these, the
distinguishing features of the system which the patriots of the
Revolution had claimed as their birthright, from Great Britain,
predominated in them.

The acquisition of Louisiana, in 1803, introduced another system into
the United States. This vast province was ceded by Napoleon, and its
population had always been accustomed to a viceroyal Government,
appointed by the Crowns of France or Spain. To establish a Government
constituted on similar principles, and with like conditions, was not
an unnatural proceeding.

But there was great difficulty in finding constitutional authority for
the measure. The third section of the fourth article of the
Constitution was introduced into the Constitution, on the motion of
Mr. Gouverneur Morris. In 1803, he was appealed to for information in
regard to its meaning. He answers: "I am very certain I had it not in
contemplation to insert a decree _de coercendo imperio_ in the
Constitution of America.... I knew then, as well as I do now, that all
North America must at length be annexed to us. Happy indeed, if the
lust of dominion stop here. It would therefore have been perfectly
utopian to oppose a paper restriction to the violence of popular
sentiment, in a popular Government." (3 Mor. Writ., 185.) A few days
later, he makes another reply to his correspondent. "I perceive," he
says, "I mistook the drift of your inquiry, which substantially is,
whether Congress can admit, as a new State, territory which did not
belong to the United States when the Constitution was made. In my
opinion, they cannot. I always thought, when we should acquire Canada
and Louisiana, it would be proper to GOVERN THEM AS PROVINCES, AND
ALLOW THEM NO VOICE _in our councils. In wording the third_ SECTION OF
THE _fourth article, I went as far as circumstances would permit, to
establish the exclusion_. CANDOR OBLIGES ME TO ADD MY BELIEF, THAT HAD
IT BEEN MORE POINTEDLY EXPRESSED, A STRONG OPPOSITION WOULD HAVE BEEN
MADE." (3 Mor. Writ., 192.) The first Terr