ij * y ?
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Cottsemtlvc.
JEFTERSOS AS AN EXPANSIONIST.
The irooertfc extension of American
sovereignty quite different , in many
particulars , from former acquisitions of
territory. To better appreciate this , an
inquiry into Jefferson's idea of expan
sion and his conception of the attitude
the government should assume toward
the people of new acquisitions is quite
helpful. He did not attempt a confi
dence game , but acted only after con
sulting with and obtaining the sanction
of congress.
Approval of CongreHH.
The purchase of Louisiana was dis-
, O9ised ? in congress and by the people
.sotfew l years before the final acquisition
\\vas APiwlo. Jefferson first refers to it in
jliia second Annual message , December
jl.6 , 1802 , awd Again January 11 , 1808.
Itt \hjs \ third annual message , October 17 ,
1803 , he .said . : "The provisional appro
priation of $2,000 , 000 to be applied and
accounted for by the president of the
United States , intended as a part of the
price , was considered as conveying the
sanction of congress to the acquisition
proposed. " A marked contrast to the
procedure of those who manipulated
the purchase of our oriental possessions.
Duty of the Government.
InShe fctZ1116 message Jefferson expresses -
presses liis opinion of the duty of the
government towai'A the people of the
newly acquired .territory . He said :
"With the wisdom of congress it will
rest to take those ulterior measures
which may be necessary for the im
mediate occupation and temporary
government of the country , for its
incorporation into our Union ; for render
ing the change of government a blessing
to our newly adopted brethren ; for
securing to them the rights of conscience
and of property. "
In his message of January 16 , 1804 , he
said : "On this important acquisition ,
EO favorable to the immediate interests
of our western citizens , so auspicious to
the peace and security of the nation in
general , which adds to our country ter
ritories so extensive and fertile and to
our citizens new brethren to partake of
the blessings of freedom and self-
government , I offer to congress and our
country my sincere congratulations. "
Modern Mercenary Motive.
Congressman Grosvenor of Ohio , the
personal representative of the president
-on Hie floor of the house , thus stated
our duty ; "We have got the Philip
pines , and I will tell you what we shall
iell the people of this country : we are
going to make all the money out of the
transaction we can by enlarging our
trade with oriental countries. And we
are going to embalm th6 doctrines of
the declaration of independence upon
the statute books of the Philippines just
as quickly as we think the time has
coine to do it , and we are1 not going to
do it one minute before. ' '
Jefferson left it to the wisdom of con
gress to devise those measures for
"rendering the change of government a
blessing to our newly adopted brethren , "
and , "enable them to partake of the
blessings of freedom and self-govern
ment. "
McKinley tells the American people ,
"we are going to make all the money
out of the transaction we can , " and ,
"embalm the declaration of independ
ence , " and apply it to them when we
get ready and "not one minute before ! "
What a marked contrast in personal
character is indicated by these radically
different conceptions 0f public duty
An
These quotations from messages of
Jefferson show that he looked upon the
new acquisitions as an extension of the
territory of the United States and that
the constitution applied to them as it
did to any other portion of American
territory. This view is supported by
references ejsewhere in his messages.
In his fourth annual message he said :
"I know that the acquisition of Louis
iana has been disapproved by some from
a candid apprehension that the enlarge
ment of our territory would endanger
its union , But who can limit the extent
to which the federal principle may
operate effectively ? " He regarded the
enlargement of the Union as co-existent
with enlargement of territory.
RollgloiiH Freedom.
In the same message he continues :
"In matters of religion I have considered
that its free exercise is placed by the
constitution independent of the powers
of the general government. I have
therefore undertaken , on no occasion.
to pre&aribe the religious exercises suited
to it , but have Jeft them where the con
stitution found them , under the direc
tion and discipline of the church or
state authorities acknowledged by the
several religious societies. " If one pro
vision of the constitution extends to
territories independent of the general
government , then the principle IB estab
lished for all , The expression , "Consti
tution found them , " is significant and
indicates that the constitution extended
to them.
Upheld By the Supreme Court.
This view of the constitution , as taken
by Jefferson , and the precedent he
sought to establish , has been uniformly
observed by the supreme court of the
United States.
In the case of Loughborongh vs.
Blake , ( Wheaton 5 , 815 , ) Chief Justice
Marshall delivered the following
opinion :
"The 8th section of the 1st article
gives to congress the 'power to lay and
collect taxes , duties , imposts and ex
cises , ' for the purpose thereinafter men
tioned. This grant is general , without
limitation as to place. It consequently
extends to all places over which the
government extends. If this could be
doubted , the doubt is removed by the
subsequent words which modify the
grant. These words are , 'but all duties ,
imposts and excises shall be uniform
throughout the United Stated. " It will
not be contended that the modification
of the power extends to places to which
the powers itself does not extend. The
power , then , to lay and collect duties ,
imposts , and excises , may be exerpjsed
and must be exercised throughout the
United States. Does this term designate
the whole or any portion of the Ameri
can empire ? Certainly this question
can admit of buf. one answer. Jt is thp
'
name gjven to pur grea republi'p , whiblj.
is composed of states and territories ,
The Pistricfc of Columbia , or the territory
west pf he Missouri , is not less within
the United States flfan Maryja.nd QF
Pennsylvania ; and it is nqfc less nepesr
sary on the principle of our constitution ,
that uuifprmjfjy } u the imposition of
imposts , duties and excises , should bp
Observed in tfye one tjaan in the
Limitations of Congress. "
This clearly establishes the principle
of the extension of the constitution and
the right of congress to legislate for
territories. Is the authority of con
gress supreme or subject to the limita
tions of the constitution ? In the same
opinion the court says :
"The extent of the grant being ascer
tained , how far is it abridged by any
part of the constitution ? The 20th sec
tion of the first article declares , 'that
representatives and direct taxes shall be
apportioned among the several states
which may be included within this union
according to their respective numbers. ' "
The court explains the object of this
regulation to be , "to furnish a standard
by which taxes are to be apportioned. "
The method of exercising the grant
of power is not left discretionary with
congress but is prescribed. In another
place in the decision the court says :
" f it be said that the principle of
uniformity , established in the constitu
tion secures the distript from oppression
in the imposition of indirept taxes , it is
not less tjmo thaf ; the principle of appor
tionment ; , also established in fhe pqnsti-
tution , secures the district from any
oppressive exercjse of tfye power to lay
and collect direct taxes.1 [ 2i
Marshall justifies the equity of levy
ing the tax on territories , taxation with
out representation , only on the ground
of the constitutional limitation , The
modern interpreters of the constitution
would avoid this limitation of the con
stitution and thereby destroy the only
equity of this species of legislative
control.
Implied Restrictions.
This rule was followed in the case of
Murphy vs. Ramsey , (114 ( , U. S. 15 , 44 , )
in which the court said :
"The people of the United States , as
sovereign owners of the national terri
tories , have supreme power over them
and their inhabitants , In the exercise