In 1803, when the Louisiana purchase was negotiated, President Thomas Jefferson feared that the action was unconstitutional. This was not unoccupied land, but rather it was a foreign nation occupied with French, Spanish and free black people. Nowhere in the constitution did it give the President nor Congress the authority to acquire foreign nations. Article IV Section 3 allowed new states to be admitted by Congress but provided no authority to acquire foreign nations or territory. Jefferson had always stated his strong belief that the federal government's powers should be interpreted strictly, but the incorporation of these new lands into the United states was such a momentous opportunity that Jefferson could not ignore it. In a letter to future U.S. Attorney General John C. Breckinridge, Jefferson laid out his concerns. Because of the momentous opportunity this must be laid before both Houses for ratification and appropriation of funds, but there must also be an appeal to the nation to provide an amendment to the constitution approving and confirming the act of acquiring foreign nations. Jefferson feared that by acquiring this land without proper constitutional authority would weaken the constitution.
"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 & 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 & 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 & 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; & 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 & not weaken the Constitution, by more strongly marking out its lines."
This letter was written in August and the treaty had to be ratified by the end of October. So Jefferson and his cabinet had three months to discuss both the boundaries of the purchase and the constitutionality it. Jefferson's Cabinet members argued that the constitutional amendment was not necessary, and as time for ratification grew short, Jefferson grew to accept his Cabinet's counsel. He believed it was the right thing to do, and as he rationalized in his letter to Beckenridge: "It is the case of a guardian, investing the money of his ward in purchasing an important adjacent territory; & saying to him when of age, I did this for your good". So in October, when Jefferson addressed both houses of Congress he stopped short of requesting an amendment to the constitution. Rather he just asked them to consider it's constitutionality. It was truly a momentous opportunity, but at a sum of nearly $13 million which would be added to the public debt. Nevertheless considering the increase of population and wealth it would bring, Jefferson hoped that Congress would find a way to fund the interest and retirement of the new debt without raising taxes.
"Should the acquisition of Louisiana be constitutionally confirmed and carried into effect, a sum of nearly $13M will then be added to our public debt, most of which is payable after 15 years, before which term the present existing debts will all be discharged by the established operation of the sinking fund. When we contemplate the ordinary annual augmentation of impost from increasing population and wealth, the augmentation of the same revenue by its extension to the new acquisition, and the economies which may still be introduced into our public expenditures, I can not but hope that Congress in reviewing their resources will find means to meet the intermediate interest of this additional debt without recurring to new taxes, and applying to this object only the ordinary progression of our revenue."
http://www.presidency.ucsb.edu/ws/index.php?pid=29445
http://www.billofrightsinstitute.org/educate/educator-resources/lessons-plans/presidents-constitution/louisiana-purchase/
http://www.let.rug.nl/usa/presidents/thomas-jefferson/letters-of-thomas-jefferson/jefl159.php
https://en.wikipedia.org/wiki/Louisiana_Purchase
Article IV Section 3.
New states may be admitted by the Congress into this union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.
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