the country for some
time, will be to give establishments in it to the Indians on the east
side of the Mississippi, in exchange for their present country, and open
land-offices in the last, and thus make this acquisition the means of
filling up the eastern side, instead of drawing off its population. When
we shall be full on this side, we may lay off a range of States on the
western bank from the head to the mouth, and so, range after range,
advancing compactly as we multiply.

This treaty must of course be laid before both Houses, because both have
important functions to exercise respecting it. They, I presume, will
see their duty to their country in ratifying and paying for it, so as
to secure a good which would otherwise probably be never again in
their power. But I suppose they must then appeal to the nation for an
additional article to the constitution, approving and confirming an act
which the nation had not previously authorized. 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 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.

We have nothing later from Europe than the public papers give. I hope
yourself and all the western members will make a sacred point of being
at the first day of the meeting of Congress; for _vestra res regitur_.

Accept my affectionate salutations and assurances of esteem and respect.

Th: Jefferson.

End of the Project Gutenberg EBook of Memoir, Correspondence, And
Miscellanies, From The Papers Of Thomas Jefferson, by Thomas Jefferson

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