Author(s): Barry J. Balleck
Source: Presidential Studies Quarterly, Vol. 22, No. 4, America's Bill of Rights, Market
Economies And Republican Governments (Fall, 1992), pp. 679-696
Published by: Wiley on behalf of the Center for the Study of the Presidency and Congress
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When
the Ends Justify
Thomas
BARRY
Doctoral
the Louisiana
and
Jefferson
the Means:
Purchase
J. BALLECK
Candidate
Brigham Young University
Abstract
The
Louisiana
Purchase
was
the single greatest achievement of undoubtedly seen critics have
Louisiana
Jefferson's purchase of
Thomas Jefferson's presidency. Yet many as a "sell out" most cherished strict constructionism. rights and of his political principles?states'
This paper argues thatJefferson desired to achieve a greater end in the case of the Louisiana in the United States. Thus, the survival of Republican government
Purchase?i.e.,
Jefferson on the means relented rights and for achieving Republican government?states' temporarily strict constructionism ?in order to take advantage of an extraordinary opportunity to secure the ends of Republicanism.
Louisiana
The
States. By potential America.
Purchase
Purchase
was
a watershed
event
this one act the size of the nation was more
in the history of the United than doubled and a formidable
actors in North the major removed from among enemy?France?was More than simply a coup for the United the Louisiana
States, however, was the greatest achievement the of Thomas
Jefferson's presidency. With
to the patrimony of the United of this virgin
States, Jefferson territory to come," a necessary guar if not centuries for the nation "for generations, antor of and commercial
Jefferson felt expansion.1 Moreover,
Republicanism?landed
ensure the nature of the United
States
that the purchase of Louisiana would pastoral had befallen classical Republican which and forestall the degeneration governments. addition secured Jefferson was of a virtuous
confident
that the Louisiana
territory would
promote
the development
citizenry.
Republican
called into
In purchasing the Louisiana
Thomas
Jefferson territory, however, a strict constitutional was He convictions. his most cherished question political as and a strong supporter of states' rights. The former position, constructionist meant has no powers the general government that "... understood by Jefferson, as Jefferson's it. . . ."2 The latter position, has given but such as the constitution was "a was points out, deeply inbred in Jefferson. He biographer Dumas Malone before he became anything else, and he never ceased to be one."3 Yet by
Virginian
to both and to strict constructionism adherence Louisiana,
Jefferson's
purchasing the purchase states' rights were called into question. As John Quincy Adams wrote, of implied power greater in itself and more entailed "an assumption of Louisiana
679
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680
I
PRESIDENTIAL STUDIES QUARTERLY
in the in its consequence, than all the assumptions of implied power comprehensive and Adams Administrations twelve years of theWashington put together."4 Echoing was the this criticism, Henry Adams added, "The principle of strict constructionism
breath of his [Jefferson's]political life.The Pope could as easily triflewith the doctrine of apostolic succession as Jefferson with the limits of Executive then, power."5 Why, an act that he understood to to be contrary did Jefferson undertake purchase Louisiana, to the of strict constructionism and states' rights? principles to recognize it is important
In answering the underlying convic this question, tion that directed all of Jefferson's
For Jefferson and actions?i.e.,
Republicanism.
was the only form of government suitable many of his contemporaries,
Republicanism
to the United a of time was
States. However, worst republic's
as historical as the passage republics had demonstrated, led to and urbanization growth eventually
enemy could power and societal decay. Republican government governmental an thus only survive in of limited government and in a society of virtuous atmosphere citizens. As such, Republicanism and moral relied on the aid of selected defenses aimed at forestalling decay. In general, Jefferson believed that states' rights and strict
centralized
constructionism
that time would such defenses, though he understood provided wear them away. inevitably in this light, the Louisiana Purchase was a case of the ends justifying
Understood
the means; that is, in order to secure the desired end of Republicanism,
Jefferson
set aside its most and strict con guarantors ?states' temporarily dependable rights a time outside the bounds of the Constitution.
This
stepping for structionism?by was necessary in order to of the standard defenses of Republicanism abandonment ? that provided for the long-term grasp an opportunity security of Republicanism in this case the new frontiers provided secured, territory. Once by the Louisiana to the normal
of Republicanism provided by state's
Adams
noted in this regard, Jefferson rights even believed that "in the hands of true Republicans the constitution, though violated, was on the whole was safe; the precedent, though alarming exceptional."6 Other writers have recognized in the case of the Louisiana
Jefferson's dilemma an excellent of Purchase. Drew McCoy discussion (1980), for example, provided returned
Jefferson
and strict constructionism.
protection
As Henry
ideals and suggests that they directly influenced his decision
Jefferson's Republican to the Louisiana and David Hendrickson
Robert
Tucker territory. purchase
(1990)
also suggest that in the case of Louisiana Jefferson sacrificed his constitutional scruples in order to achieve his end of an "Empire of Liberty." of these works,
Neither
? abandonment states' of his traditional means however, adequately relate Jefferson's rights and strict constructionism
This
paper will
Louisiana
?to
his end?Republicanism. in his purchase of the that Jefferson was consistent there was no "sell out" of his political ideals. In the first
demonstrate
territory?that states' rights and strict constructionist of Jefferson's part of this paper, an examination so that we can understand views will be undertaken why charges that he had aban doned his political principles were leveled against him in the wake of the Louisiana
Purchase. alism Jefferson's
and political
and theories of individu and his principles views, Republican also provide crucial insights into his motivations economy, will
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JEFFERSONAND THE LOUISIANA PURCHASE | 681
the Louisiana for purchasing territory. The paper will then examine specific criticisms own of the Louisiana
Purchase
and Jefferson's about the treaty. It will misgivings that Jefferson was not the only proponent be shown of states' rights and strict to compromise constructionism his principles.
Indeed, many prominent
Jeffersonians
in the administration both and outside its the Purchase, of it supported despite seeming violation of states' rights and strict constructionism.
Finally, itwill be shown case of Louisiana was to that Jefferson's action in the justified by what he perceived be a higher good?Republicanism. to this
Given his commitment states' rights and strict constructionism principle, were
to an end.
the means which under ordinary
Indeed, they were could be been as the chief bulwarks of Republicanism. extraordi Under to double the size circumstances ?and there is no doubt that the opportunity nary these bulwarks might of the country was extraordinary?even have to be set aside means merely circumstances an
to seize
opportunity seized otherwise.
Thus,
the ends.
that might by sacrificing
not
present the means,
itself
again
Jefferson
and that could was not
be
able to accomplish
as a JefFersonian
Ideal
Rights ideas on states' rights were most clearly set forth in the Kentucky
Jefferson's
of 1799. In these resolutions,
Jefferson argued that the union was merely states. As such, certain powers had been delegated the several among States'
Resolutions
a compact to the central
states exclusively by the be to make would "My general plan and several as to the States one as to everything connected with foreign nations,
In other words, domestic."7 Jefferson believed that the central government everything retain the states would control over foreign affairs whereas should have exclusive themselves. control
government
Jefferson wrote
in all domestic
clearly limited of the national
whereas
others were
retained
in this connection:
as a document which
Again,
seeing the Constitution asserted that acts of the national government,
Jefferson
stated powers were the explicitly which went beyond matters.
the powers
government since the states had not contracted void, and of no force."8 Thus,
"unconstitutional,
to create an ultimate each state had "an equal right to arbiter in the Constitution, as of the mode as well of the infractions and measure of redress."9 judge for itself, in concert with James Madison the Kentucky
Resolutions,
Jefferson had written as a response to the Adams administration's and John Breckinridge, passage of the these laws if not repealed posed a direct threat
Alien and Sedition Laws. To Jefferson, toWilson to and John intimated of Virginia
As Jefferson
Nicholas
Republicanism. was the the end, states-rights was
"If Republicanism of Kentucky,
Breckinridge
to ignite
In drawing up the Kentucky means."10 then, Jefferson hoped
Resolutions,
a broad protest similar to the the states against the national government, among protest against Britain. The hope, of course, was to stem the tide of what to extend saw as the the power of of the Federalists
Jefferson
attempts pernicious and enhance the power of the Executive. the federal government colonies' Hence,
Jefferson's
is understandable tone of the Kentucky
Resolutions
given as the protectors
He even went of Republicanism. for the states
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682
I
PRESIDENTIAL STUDIES QUARTERLY
so far in the as to suggest that immediate
Regulations
course of action for the states: the best
or resistance was
nullification
. . .where
are assumed which a nullification have not been delegated, powers of the act is the rightful remedy: that every State has a natural right in cases not within to own authority the compact, all assumptions of nullify of their others within this right, they would be their limits: that without power by absolute and unlimited, exercise this right under dominion, of whosoever might for them . . . that these and successive acts of the same character, of judgment unless arrested at the threshold, drive these States into revolution necessarily and and blood, and will furnish new calumnies against republican government, new pretexts for those who wish but by a rod of iron. . . .n the Kentucky
Though
legislature
to be believed
omitted
it did, notion the Virginia together with legislature, to Jefferson's of states' rights. Much
tures
elsewhere
either
Strict
John Adams
flowed
of nullification
be governed
or resistance,
pass resolutions
for the presidency
in 1800.
as a Jeffersonian
Ideal
that much of Jefferson's stand on as a document from his view of the Constitution limiting central
In fact, it is clear that states' rights and strict constructionism
Constructionism
Constitutional
It is evident states rights
cannot
Jefferson's incorporating state legisla however, disappointment, or of course, the Resolutions.
This,
ignored repudiated was under attack and solidified his belief that Republicanism
Jefferson's to run against
strengthened determination mention
that aman
from
the above discussion
power. government in Jefferson's hand-in-hand go political ideology. was When the Constitution being framed
in 1787, Jefferson was the United
States minister his close friend and fellow Virginian,
James Madison, kept the new Constitution. him apprised of the proceedings and the debate surrounding a the Anti-Federalists
Jefferson,
though certainly sympathizer with during the ratifica as it was tion debate, had only two important reservations about the Constitution were to be reelected the president framed. These
(1) the clause allowing originally and (2) the absence of a bill of rights. On the first issue Jefferson stated indefinitely to but as to the second, he could envision no compromise. his willingness compromise, to protect
He felt that a bill of rights was essential individual liberty. This view to France.
from Jefferson's fear of centralized power and from his belief that individual not explicitly
As Jefferson stated might be denied by some future government. rights awise and saw it, "the sum of good government shall which
[is]
frugal government, shall leave them otherwise restrain men from injuring one another, which free to stemmed their own pursuits of industry and improvement, and shall not take from regulate the mouth of labor the bread it has earned."12 the ideal government for Jefferson was one which
Thus,
kept law and order
but otherwise did not interferewith would secure
of the national
individual government the rights of the individual. A bill of rights
and keep in place the limited and defined powers accorded it by the Constitution.
Government
thus would liberties
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JEFFERSONAND THE LOUISIANA PURCHASE | 683
to function in its defined realm. As it was written, the Constitution only be allowed met Jefferson's to assume unto but once government itself more criteria, began was was enumerated in the Constitution, than the government power explicitly and ripe for overthrow.
unconstitutional, illegitimate, As Secretary of State during the firstWashington administration, Jefferson was with his worst nightmare.
In early February
Hamilton
Alexander
1791,
his bill proposing charter a private laid before Congress that the national government their bank. Jefferson held that the proposed bank threatened those who toiled with confronted a
It established hands and lived by the sweat of their brows. public debt which would be carried by unborn generations but would be owned by the few, thereby establishing a bond between the national government and the rich and well-to-do. dangerous was a limited to hold that the Constitution
For Jefferson's part, he continued had no other powers than those specified and that the national government in the Constitution. in the Constitution of any since there was no mention
Thus,
not have that power. "Any other erect a bank, the national government did power to leave the door wide open
construction,"
Jefferson and his supporters argued, "would on the to ever-increasing of encroachments the general government sovereignties by course that must the States ?a end in monarchy and tyranny."13 inevitably to render an opinion
As Secretary of State, Jefferson was asked by Washington on the Tenth Amendment to the Consti on the proposed bank. Basing his argument tution, Jefferson wrote: instrument as laid on this that I consider the foundation of the Constitution ground: nor to the United the Constitution,
"all powers not delegated
States, by prohib ited by it to the States, are reserved to the States or to the people." To take a the boundaries thus specially drawn around the powers of single step beyond is to take possession field of power, no longer suscep of a boundless
Congress,
tible of any definition.
The incorporation of a bank, in my opinion, been delegated
and the powers assumed by this bill, have not, to the United
States by the Constitution.14
a feud between Jefferson and Hamilton that was to last the remainder began and the Federalists the evil beyond Hamilton of their lives. For Jefferson, however, men and merchants. was their supporters ?the moneyed
Members
of these groups, in a national bank, would naturally who undoubtedly would be the major shareholders
This "hand-in-glove" the strongest become supporters of government. partnership Thus
was
almost
certain
to be to the detriment
view the agriculturalists' and his supporters itwas in the form of increased
sure to intensify to Jefferson
Thus,
of the small farmer and was
classes as "oppressors." of the moneyed have to pay the piper the people of little means "who would men would and the moneyed the speculators while taxes,
reap all the profits."15 convictions, then, clearly were on the side of the laborer and the
Jefferson's
States become small farmer on the bank issue. He did not desire to see the United
His
strict interpretation a society controlled of the by the rich and well-to-do. to believe that "'not only would creation of a bank breach the Constitution led him
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684
PRESIDENTIAL STUDIES QUARTERLY
I
it would the limits of the Constitution; also . . . break down the most ancient and as those fundamental laws of the several states,' such fraud, against monopoly, on states' and alienage."16 Thus, whereas mortmain, Jefferson's rights led position him to be a strict constitutional this stance also led him back to constructionist, as will states' rights. Both of these convictions, view of Republican fundamental government
be shown, followed from Jefferson's man. and Republican
as a Jeffersonian
Ideal
the security of Republican seemed to depend government strict constructionism. of After all, to secure the benefits upon to the new nation was the ultimate end of government, and both
Republicanism
secure states' rights and strict constructionism would Republicanism by restraining as Jefferson the power of the national government. the general
However,
recognized, states' rights and strict constructionism could not be expected protection provided by
Republicanism
To Jefferson, states' rights and
to hold
forever. The frontier would fill up, cities would and grow, eventually ensue. Therefore, if at a certain time an unprecedented societal decay would general to extend the itself? and could opportunity period of Republican stability presented means away from the generally only be grasped by moving temporarily appropriate
?one would for protecting Republicanism necessarily have to seize the opportunity. sense This, then, was Jefferson's rationale. After all, in the Jeffersonian
Republi
canism was much more it was away of than simply a form of government.
Indeed,
life that was intensely concerned with the broader social and moral condition of the a virtuous in advancing its vitality was paramount which country. Thus, citizenry, existence of the United
States. At the core of Republicanism ensured the continued and an agrarian way of life. stood two fundamental pillars: individualism
Individualism
a distinction
In drawing between Republicans and Federalists,
Jefferson
that Republicans consisted of (1) the entire body of landholders throughout the United in States, and (2) the body of laborers, not being landholders, whether or the arts.17 Of concern was for Republicans, the then, husbanding particular came or accorded the individual which either landholding through independence honest labor. As Drew McCoy of the landless or out, "the abject dependence points to and factious dissen laboring poor rendered them vulnerable bribery, corruption, a society with was hardly suited to the numbers of these dependents sion, large form."18 Republican a great measure
Land thus provided the landholder with of personal indepen not rely on other men, or any man, for his basic existence. dence. The landholder need a citizen to
Such independence, believed, respon
Republicans
"permitted participate noted
the common sibly in the political process, for it allowed him to pursue spontaneously
?
or interest of the men ?or rather than the narrow the government public good, on whom he depended for his support."19 Jefferson firmly believed in this principle. on the State
In his Notes he said: of Virginia,
Those
a chosen
labour
who people, whose
in the earth are the chosen breasts he has made
people his peculiar
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if ever he had for substantial
JEFFERSONAND THE LOUISIANA PURCHASE | 685
.
. . While we have land to labour then, let us never wish and genuine virtue. a distaff.20 or see our citizens at a workbench, to twirling occupied was thus both
Farming
industrious farmer," he said,
and a virtuous
a noble
to Jefferson.
endeavor
"An
or amore political, occupies dignified place in the scale of beings, whether moral on his a too proud to work, and than family lazy lounger, valuing himself out amiserable existence by eating on that surplus of other men's labor, drawing is the sacred fund of the helpless poor. A pitiful annuity will only prevent which them from exerting that industry to a better fortune.21
and those talents which
would
soon lead them
to the development of a and its wise use was necessary, therefore, Property this citizenry, and responsible Republican committed citizenry. Moreover, through and even mo and frugality, its productivity, would "promote industry, population saw "the most valuable citizens
In short, in landowners Republicans
[for
rality."22 most virtuous are the most and they the most
[sic], the vigorous, ind?pendant they are tied to their country
and wedded
to its liberty
and interest
by
the most
lasting
bands."23
In like manner
those without
productive
labor, were
Republican
society.
. . .
also believed
Jefferson
nonetheless landed property, who engaged to exhibit and the virtues individualism commented
in of that
are wanting in husbandry: but, for the
[and] smiths,
. . . our remain in Europe. let of manufacture, workshops general operation across the Atlantic will be made
The loss by the transportation of commodities in happiness
The mobs of great cities add and permanence of government. up carpenters,
just so much of the human
masons,
to the support
of pure government,
as sores do
to the strength
body.24
not only farmers, labored in extolled then, but also artisans who
Jefferson
"was especially
Such a reciprocal economy,
Jefferson believed, support of farmers. to virtue and the diffusion of power among the people."25 That conducive Republican to do good. is, Jefferson never lost his faith in the people or in their propensity into large cities, the people became
He believed, that when however, congregated to manipulation by those of the higher classes. In fact, Jefferson often susceptible to a pregnant Maria of rural life over urban life. Writing of the superiority in 1790, Jefferson in Europe said, "You may make children there, but this
Cosway
to transplant them to. . . .There is no comparison is the country between the sum here and there. All the distractions of your great Cities are but of happiness enjoyed and feathers in the scale against the domestic enjoiments [sic] and rural occupations,
wrote
societies we live amidst here."26 Jefferson always urged that the people neighborly remain rural in character as itwas in this state that "the manners and spirit of a people
. . . soon eats a in vigor. A degeneracy in these is a canker which preserve republic to the heart of its laws and constitutions."27
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686
I
PRESIDENTIAL STUDIES QUARTERLY
and Political
Agrarianism
Economy was that individualism was at the heart of Republicanism, why Accepting
A partial explanation also emphasized is suggested agrarianism by the Republicans? to understand and the Republicans' above. However,
Jefferson's
immediately fully on
to understand it is important their political economy. and social dislocations of the 1780s, it appeared to Jefferson and others that "old age" was advancing on the United
States far more rapidly than had ever imagined. The increasing desire on the part of many Americans for they and the need to employ
"finer" manufactures the increasing labor surplus weighed on as more and more minds the United
States began to exhibit heavily Republican came to suspect "that the the degenerative
Some Americans decay of England. in which vision of aRepublican there would be no 'labouring
Revolutionary
society a chi secure?was be independent would and economically everyone poor'?where some in society
One writer even suggested that itwas the "inevitable mera."28 lot" of a certain to be poor and "experience of dependence and servility."29 degree to the
This view, of course, did great violence vision of industrious
Republican
citizens. Moreover the suggestion that large-scale manufactures alleviate unem might excess poverty was true Republicans, and like
Indeed,
ployment equally antithetical. emphasis With
agrarianism, the economic
had long held that household items produced
?those
manufactures
Jefferson,
by artisans and craftsmen in their homes or small shops?were sufficient for the country.
Writing
late in his life, Jefferson said:
within itself, and is very generally
Every family in the country is amanufactory to make within able itself all the stouter and middling stuffs for its own use. . . .The economy and thriftiness our and household clothing resulting from are such that household manufactures will never be laid aside; and nothing they more us has ever to our than the British obstructions salutary for happened demands for their manufactures.
Restore
free intercourse when their they will, commerce with us will have its form, and their articles we shall totally changed in the future want from them will not exceed their own consumption of our produce.30 were and the Republicans confident that the United
States could
Thus,
Jefferson survive on its cottage industries and its agricultural
The latter, of course, production. was
"for a healthy hence vir necessary particularly society of active, enterprising, farmers."31 tuous, Republican
To
to secure markets it was necessary for however, agrarianism, Failure to do so produced unfavorable for as the agricultural goods. consequences, Scottish political economist Sir James Steuart warned,
"agricultural
surpluses that outran the capacity of available markets to absorb them created a situation; dangerous
'for if the whole be not consumed, the regorging will discourage the industry plenty of the farmer.'"32 promote Jefferson became in an agrarian nation but adequate markets
keenly aware, then, that to secure his vision of virtuous citizens to not an it was necessary only have adequate supply of land as well. As Drew out in this
McCoy
points regard: This content downloaded from 207.62.77.131 on Wed, 4 Dec 2013 19:51:51 PM
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JEFFERSONAND THE LOUISIANA PURCHASE | 687
If agrarian republicans were viable only so long as there was adequate markets to absorb the fruits of their republican it appeared that the rest of the industry, in creating the conditions that might world had to cooperate permit America to remain a simple republic of virtuous farmers. The full employment and moral on what was of the mass of Americans thus depended integrity happening no industrious it was that simple.33 abroad. No foreign markets, republicans; Despite
what
might
be its shortcomings,
Jefferson's belief in agrarianism was the writings of Thomas Malthus.
Malthus,
enough, by curiously strengthened, the theory of population who popularized to develop societies were destined toward old age. Malthus of land available
intimated
to a society, youth," Malthus
"Perpetual with "a vast reservoir
indicated that all pressure on subsistence, a state of and corruption, overpopulation, an abundance that old age might be postponed through not forestall the inevitable?societal but itwould decay. concluded, was impossible for any nation, even a nation
States to remain of fertile land."34 For one to expect the United
a land of little poverty and misery, Malthus declared, was as reasonable as relatively "to prevent a wife or mistress from growing old by never exposing her expecting a most to sun and air."35 "It is, undoubtedly,
Malthus
reflection," disheartening to any
"that the great obstacle in the way in concluded, extraordinary improvement is of a nature
that we
can never
to overcome."36 hope interest. Though he found Malthus' theories Jefferson great and of "sound logic," Jefferson nevertheless
"very interesting" disagreed with Malthus in America. that population would be an immediate problem
The possibility pressure society,
read Malthus
with
to virgin territory, Jefferson reasoned, was always available and would of emigration forestall Malthus' for many years. The United
States, Jefferson predictions argued, was a notable to Malthus' theories for "here," he said, exception extent of uncultivated and fertile lands enables every one, who will and to raise a family of any size. Our food, then, may labor, to marry young, our laborers, and our births, however increase geometrically with multiplied, become effective. Again, there the best distribution of labor is supposed to be the immense
so that hands along side the agricultural; places the manufacturing the one part shall feed both, and the other part furnish both with clothes and that be best here? Egoism other comforts. Would and first appearances say yes.
Or would it be better that all our laborers should be employed in agriculture?
...
... we should allow its
In solving this question to the moral just weight over the and physical preference of the agricultural, man.37 manufacturing that which
saw the United
States as an agricultural again, Jefferson paradise where virtuous landowners and laborers could secure for themselves and their industrious, the blessings of "life, liberty, and the pursuit or happiness."
Jefferson was posterity not averse, however, to padding the agricultural in the United advantage he perceived to hold that a
States. Indeed, he continued society was the predominantly agricultural best support for Republicanism.
This conviction was to have important implications Once
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688
I
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during Jefferson's presidency, will now be considered.
The
Louisiana
To
particularly
in the case of the Louisiana
Purchase which
this point,
Purchase
this paper has laid the foundation for much of Thomas to the most
The task at hand is to apply this ideology ideology. political event of Jefferson's two terms as President? his purchase of the Louisiana
Jefferson's momentous this task, we are less interested in how territory from France in 1803. In undertaking was secured from France than in the charges brought the Louisiana territory against
Jefferson, by friends and enemies alike, that this act represented betrayal of his most
Interest
i.e., states' rights and strict constructionism. to serious reservations about his authority
Jefferson
ingly enough, purchase Louisiana but became curiously silent on his action before laying the treaty before visible convictions;
political
had
The question
Congress.
"sold out" his political
or not Jefferson of greatest then, is whether importance, we to demonstrate this examination ideals. Through hope that he did not. to the
Reactions
Treaty of the treaty to secure the Louisiana territory reached Washington on the eve of the fourth of citizens were overjoyed with the treaty,
July, 1803. Many since the Declaration it as the greatest American achievement of Independence. hailing most the treaty as a
Federalist
of Jefferson, criticized Others, opponents notably was a lot to pay for a monumental blunder.
Fifteen million dollars, they bellowed,
Initial
News
as in fact, saw the cession of Louisiana
George Cabot, chiefly "It is," he said, "like selling us a ship after she is surrounded advantageous a in the case of Louisiana was that France would reasoning by British fleet."39 Cabot's to American have been unable to exploit the territory because of its proximity and wilderness."38
"howling
to France.
interests.
British
In an appeal
to the average citizen's what Louisiana meant
display graphically dollar bills one upon another that would dollars from every taxpayer in the United and western
Federalists
frontiersmen. in opposition the Federalists
to the Federalists pocketbook, attempted a stack of as a whole: to the population a produce pile three miles high; twenty
States; benefits only to southern planters
All of these arguments, and others, were offered by the to the treaty. saw in Jefferson's actions. His opportunity political was the first step in the dismemberment of the
France, they reasoned, treaty with for the purchase of Louisiana altered the relationship between Union; irrevocably own it went and the states. Moreover, the national government against Jefferson's
Yet
also
construction. of states' rights and strict constitutional in Thus, positions saw an opportunity to discredit Jefferson
Louisiana
the Federalists and recapture
Louisiana was just the fodder the Federalists from the Republicans.
Indeed,
power once and for all the rashness and pomposity to show Americans needed of Thomas
well-stated
Jefferson.
Interestingly
enough,
Jefferson
recognized
in the Louisiana
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Purchase
the
JEFFERSONAND THE LOUISIANA PURCHASE | 689
possibility
Obviously,
of
to the Federalists, power yet he proceeded with tenure was not his only motivation in this case.
losing
political
Jefferson's
Of course,
the
treaty.
Doubts a multitude of problems for posed were the boundaries
For example, What of Louisiana? the Union withstand the shock? Could the new
Could
the cession
Jefferson and the Republicans.
Was
the Purchase warranted?
of Louisiana
How? lands be governed under the Constitution? or as free and states? What
Congress
independent on and on.
Could
they be assimilated?40 And about Jefferson was exuberant
Outwardly,
Horatio
Gates only a week after the treaty was
As
colonies
about
subject the French
the Purchase.
In writing
made
he
public
to the will
of
in Louisiana? to General
said:
on
I accept with pleasure, and with pleasure reciprocate your congratulations as it the acquisition for it is a subject of mutual of Louisiana; congratulation, interests every man of the nation. The territory acquired, as it includes all the waters the area of and the Mississippi, has more than doubled of the Missouri the United productions States, and the new part is not communications. and important
inferior to the old
. . .41
of the utility and quality
Jefferson was thus convinced consumed by doubts about the constitutionality nevertheless While he was
in soil, climate,
of the new
land, of the treaty and
its implications for expanding the power of the national government.
Jefferson's
to him
Levi Lincoln,
General,
Jefferson's qualms and wrote
Attorney
anticipated to frame the treaty "in such before the treaty was secured. In his letter, he attempted as to make a not as adding new territory to the United
[Louisiana] appear language States, but as extending territory by an alteration of its boundary."42 already existing
In reply, Jefferson wrote: it is not is not warranted of territory
If the acquisition by the Constitution,
.
more to acquire for one State than for the United
States. . . What could, legal on this construction, and the Senate, by treaty, annexing prevent the President or to Rhode of Cuba to Massachusetts,
Island, if ever the acquirement
Bengal
and colonies should colonies should become a favorite object with governments, be acquired?43 that the Louisiana Pur then, of the implications
Jefferson was very conscious, for (1) by acquiring Louisiana, chase had for states rights and strict constructionism; was and the executive office, which the national government
Jefferson
strengthening on states' went beyond rights; and (2) the accession of Louisiana infringed naturally in the Constitution. government and these implications
Critics of Jefferson,
Federalists,
recognized particularly than they. For if Jefferson's favorite phrase chided Jefferson for being more Federalist in the shade more was true ?"that the Federalist differed from the Republican only was hard to see how any President or less of power given to the Executive?it could the enumerated
powers
given
the national
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I
PRESIDENTIAL STUDIES QUARTERLY
be more
Federalist actions, Jefferson's
than Jefferson
himself."44
Albert
Fried,
a later commentator
on
says,
. . . if
he succeeded even the Federalists, succeeded in Republicanizing
Jefferson
in Federalizing had anticipated the Republicans.
Hamilton
this possibility over Burr, he wrote: in supporting
"It is a fact which in 1800 when,
Jefferson
I have frequently mentioned that while we were in the administration together, he [Jefferson] was generally for a large construction of the Executive authority. more
??45
For a party that boasted of constitutional then, the dilemma of Louisiana morality, even more so to its to its credibility, real challenges guide and mentor Jefferson. posed reaction to this dilemma was to propose aConstitutional amend first
Jefferson's
one of his close advisors, Albert Gallatin, ment. that the advised Jefferson
Though
States had an inherent right to acquire territory and that Congress had the
United
as a state or annex this territory either to admit such territory into the Union power to the states, Jefferson nevertheless
"I think it will be safer not to permit concluded: the enlargement of the Constitution."46 of the Union but by amendment the treaty with France was concluded,
When
drafted an
Jefferson
immediately he intended to sanction the treaty retroactively.
"The Constitu amendment wherein for our holding he said, "has made no provision still less of foreign territory, an amendment, nations into our Union."
Jefferson
foreign incorporating Adopting out the Constitution would "confirm and not weaken marking by strongly thought, to states' rights and strict constructionism, its lines."47 Given Jefferson's dispositions an amendment course to follow. seemed to him to be the only honorable to the
But many closest friends advised against an amendment of Jefferson's was "very
Constitution.
Senator Wilson of Virginia that it
Cary Nicholas suggested tion,"
to exceed the constitutional authority probable if the treaty should be by you declared that itwould be rejected by the Senate, and if that should of the treaty making power use would be made of this willful breach of the Constitution."48 not happen, that great latter fear, of course, was realized.
Nicholas's
In his reply his case:
to Nicholas
in early September,
however,
Jefferson
plainly
stated
an instrument the one safe, the other dan admits two constructions, one precise,
I prefer that which is safe and the other indefinite, the gerous, an I had rather ask it is of power from the nation where precise. enlargement our than to assume by a construction make which would found necessary,
Our peculiar security is in possession
Constitu
of awritten powers boundless. it a blank paper by construction.
I say the same as to tion. Let us not make as the grant of the treaty making of those who consider the opinion power .. .Let us on then it is, then we have no constitution. boundless. If go perfecting to the constitution, those powers which it, by adding by way of amendment
. . ,49 time and trial show are still wanting.
When
This proposed was the ideal?what of strict constructionism have Jefferson would there not been a greater end to be achieved. But near the end of his
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JEFFERSONAND THE LOUISIANA PURCHASE | 691
to Nicholas,
Jefferson
to secure a greater
letter
set aside
I think
it important
tion by appealing think differently,
hints
that constitutional
"I confess
good.
niceties
then,"
could
temporarily
be
he said,
in the present case to set an example against broad construc to the our friends shall for new power
If however people. I shall acquiesce with that the satisfaction confiding certainly sense of our country ill effects.50 produce will
good
correct
the evil of construction
when
it shall
in rationalizing the Louisiana Purchase, no doubt,
Jefferson had in mind the greater good he saw in securing Republican ideals for the long term. Indeed, not just to to all Americans,
Louisiana
the acquisition
"was of crucial importance of southerners and westerners, for it pushed far into the future that dreaded day when a America would become society characterized densely populated by inequality,
As to the Purchase's and dependence."51 and its threat to the Constitution luxury What
was
to states'
Jefferson had stated nearly a rights and constructionism, sometimes decade earlier that the means must be sacrificed to achieve the ends. In as to whether to a question itwas necessary for public officials to assume responding the law, Jefferson authority beyond replied: threat
attendant
one of the high duties of the highest. The laws of necessity, of preservation, good citizen, but are of in danger,
To lose our of saving our country when higher obligation. a to written be to lose the law adherence would law, country by scrupulous are enjoying them with and all those who itself, with life, liberty, property,
A
strict observance
a
us;
of the written
laws
is doubtless
it is not
thus absurdly
The
With
sacrificing
Goes
Treaty
his seeming
Louisiana
the end
Before
to the means.52
Congress on the Constitutional
issues posed by the on the letter, Jefferson closed his mouth inmid-October, before Congress he made no mention
acquiescence in the Nicholas
Purchase implied he went forever. When subject of his Constitutional
Jefferson was not to be relieved of the Constitutional misgivings. In laying the treaty before Congress, however. Louisiana, questions surrounding to address what to be the usurpation several Congressmen they considered attempted In the House, of New York argued that an
Gaylord Gris wold a territory to the whole of the of the size of Louisiana, equal and thereby the rights of the existing overbalance United
States, "might territory, States be swallowed the present citizens of the United up and lost."53 an avowed supporter of New of Connecticut,
Griswold
posi
Roger
England's to have fallen prey to the whims of Virginia tion, believed New
(since
England
Purchase were of the Louisiana of the most avid supporters and many
Jefferson
of the Constitution. addition Virginians).
to the Union
"A new
territory
and new
subjects,"
he
said,
the but neither and by purchase; be obtained by conquest undoubtedly must nor the can incorporate them into the Union. conquest They purchase and be governed remain in the condition of colonies, accordingly.54 may
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692
I
PRESIDENTIAL STUDIESQUARTERLY
was invalid since it committed the nation to treaty, Gris wold maintained, the people of Louisiana into the Union.
The assumption, then, that "the into this copartnership and Senate may admit at will any foreign nation
The admitting President
to of the States," was, also asserted
Griswold
"the people of the States had never delegated or to a
States Senate, of the United majority a
State."56 Itwas ironic, by annexing foreign advocate?was rights and strict constructionist
to the principles of the treaty that or Thomas Jefferson, to John
Randolph
the right to make a political revolution ? the avowed states' then, that Jefferson own rhetoric turned against having his
the consent
without
Griswold, repugnant in his condemnation
of the Constitution.55
him
in the Louisiana
debate.
in their attack on just as vehement members had been. Senator William
Jefferson and the Louisiana such a treaty, itwould have said that if his party had negotiated
Plumer, for example, as "monarchial." been denounced
Manasseh
too, alleged that Jefferson had
Cutler,
as the Grand Turk."57 And
"as despotic become Senator Timothy of Pickering nor the Congress
Massachusetts
had the authority to asserted that neither the President nor did a into the Union; incorporate Louisiana
Pickering believe that Constitutional
Federalist
members
of
the Senate were treaty as the House
"I believe," solve the dilemma. he said, "the assent of each to be necessary for the admission of a foreign country as an associate as in a commercial in like manner of the Union, house the consent of each member to admit a new partner into the be necessary would company."58 other extreme Federalists, held that the Loui
Thus, Pickering, together with as a State in the Union siana treaty was void, "and that the admission of Louisiana amendment individual
was
would
State
a rupture
of the compact, which broke the tie and left each State free to act is most of the rest."59 Again, what about this argument independently interesting is that the Federalists were using Jefferson's and the Republicans' convictions hallowed to indict the Louisiana
Purchase.
For their part, the Federalists that the believed on the horns of their own cherished doc were themselves
Republicans
impaling
?
trines states' rights and strict constructionism.
Both, the Federalists believed, would be equally fatal to the Republicans.
As they reasoned, as a State, or must be held as a
Louisiana must be admitted territory. In the first case the Old Union was at an end; in the second case the national was an
"inherent
derived from the war government empire, with sovereignty" case the Virginia and treaty-making either theories were exploded.60 powers?in Either
Implications
The Louisiana
of
the Louisiana
Purchase
as both then, could be considered on the one hand it doubled for the zenith and
Purchase,
of Jefferson's the size of the presidency; States and ensured that the country would
United
have ample land for expansion for into question many years to come. But on the other hand, the Purchase brought to criticism fundamental and exposed Jefferson doctrines that has lasted
Jeffersonian
to this sees the Louisiana Purchase as "a revolution
Peterson
Merrill in day. Indeed, a revolution
American Union momentous the in the Constitution.
A
[which] became, the nadir
act of Jeffersonian
statesmanship
unhinged
the Jeffersonian
dogmas
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and opened,
so
JEFFERSONAND THE LOUISIANA PURCHASE | 693
far as precedent might then and since found
the boundless field of power control, the President inconsistent."61 so much
feared. Critics
Purchase do to the doctrines of states' rights and strict of course, claim that it enlarged the powers of the national
Many,
as Jefferson feared, a "blank paper of the vis-?-vis the states and made, government Constitution."
The former assertion is almost certainly true; the latter an exaggera to note, however, tion. It is interesting that among the supporters of the Louisiana some of the most avid proponents
Purchase were of states' rights and strict construc did the Louisiana
What
constructionism?
tionism,
aside from Jefferson: sat John
to be the author of of Kentucky,
Breckinridge
supposed as their the Kentucky and known in the Kentucky
Resolutions,
champion came John
From Virginia of Caroline, the reputed father of legislature. Taylor the Virginia Resolutions, and the soundest of strict constructionists.
Twenty
In the Senate
years later, his "Construction tion" became the text books
Construed"
and "New
Views
on the Constitu
of the States-rights school. His colleague was who had also taken a prominent the Nicholas,
Cary
part in supporting to the and whose devotion of strict construction
Resolutions,
Virginia principles was senators was Pierce Butler; one beyond doubt. One of the South Carolina
Wilson
of those
from North
Abraham
Baldwin
was
Stone; Georgia was represented by and James Jackson, ?staunch all.62 States-rights Republicans
Carolina
David
those who had been long-time of states' rights and strict
Thus,
supporters constructionism sided with Jefferson on the Louisiana to be
Purchase. The question iswhat had on these doctrines.
States' rights, asked, however, impact these defections of course, would be an important issue for another sixty years, settled only by the death of 600,000 Americans on the the Civil War.
Strict constructionism, during other hand, did suffer a blow with Jefferson's to say, however, actions. Who is that than accelerate the inevitable growth of national government and Jefferson did more the presidency of the country? That is, as the country given the inevitable growth became and more diverse, there was an almost instinctive need for stronger larger central control which or not. his actions, ensured, knowingly
Jefferson,
through case of Louisiana Jefferson
One could argue, then, that in the to the brought fore those issues that would in the country's have to be reckoned with eventually state vs. national power and strict vs. loose construction of the Constitu future?i.e., tion. Though the issue of state power in the U.S. federal system has been largely no apparent resolution. remains an issue with settled, constitutional interpretation so far removed
Such is the inevitable consequence of being from the intent of the framers. Thus, we can only hope today that those who interpret the Constitution will do so in the same spirit as Thomas as their ultimate
Jefferson,
having always, end, the best
interests
of the United
States.
Conclusion
Thomas
United
States.
This
Jefferson judgment as one of the greatest of the presidents stems from many factors, not the least of which was
is often
hailed
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STUDIES
QUARTERLY
I PRESIDENTIAL
694
at the outset of to his political commitment ideals. The question
Jefferson's
posed or not Jefferson "sold out" his this paper, however, was whether political ideals?i.e., states' rights and strict constructionism?in the case of the Louisiana republicanism, seems to think so. Indeed, there
Purchase. The majority of conventional commentary that has been great criticism heaped on Jefferson for his supposed betrayal of doctrines can we know what his political life. But Jefferson was a complex man. How at least gives us a hint when real intentions were, then? Dumas Malone
Jefferson's
he intimates that Jefferson believed the Louisiana territory to be "essential to national
In effect, in making he did, Jefferson "relented on the 'means' the choice security." he would rather have employed because his political allies insisted that his preferred defined means
might
the end sought
jeopardize
and thereby give
an
to his political advantage
enemies."63
And what the "national wherein would
was
it was securing
Jefferson
sought? Undoubtedly, sense of an in the broad security" promoting
"Empire of Liberty" secure for themselves and reside virtuous agrarian citizens who would the end which
their posterity
Jefferson's
"The the distant future. into liberty, and the pursuit of happiness" the interests," held, "demanded
Jefferson
see such an extent of country extension of the empire for liberty. The world will here as it has never yet seen."64 under a free and moderate government For Jefferson, the Louisiana in Purchase secured the virtues of Republicanism an "Empire
ideals of "life, nation's best
As pointed
of Liberty."
out
in a popular
pamphlet
which
celebrated
it:
a cor security and lessened the danger of the influence of the agricultural class, always the best rupting war; it bolstered commerce of republican virtue; and it laid the basis for a flourishing repository in theWest that would cultivate an active, industrious, and republican people.65
The
Purchase
enhanced
The
Louisiana
American
Purchase
?
also addressed other fundamental threats that deeply societal decay and the problems associated with agricul a tural surpluses. "We see in Louisiana," said, "an assurance prominent Republican of long life to our cause. The Atlantic of States, as they advance to that condition and luxury tend to vice and aristocracies, will yield to that society, where wealth men. The accessions of enterprizing tends to country spirit of faction, which
[sic]
the Republicans
concerned
concentrate,
will
be destroyed the empire of
"by enlarging sources of renovation, of our country
Louisiana
should
which
by
this diffusion."66 we Jefferson echoed this optimism: its auxiliaries, and provide new
liberty, multiply at any time, degenerate, its principles, them birth."67
in those portions
gave filled Jefferson's political economy bill as well. By trious farmers vast amounts of land and the transportation network securing for indus offered by control assured amarket for of the Mississippi and Missouri the Louisiana
Rivers,
territory not been this market the surplus produce of American farmers. Had
Gazette
American
farmers would
have "degenerated
the available, into savages,
intoned,
Kentucky
to to because they had no incentive the incentive
"by providing industry."68 Thus, a laid the necessary industry that shaped republican people, it [the Louisiana Purchase] of republican basis for the westward civilization itself."69 expansion This content downloaded from 207.62.77.131 on Wed, 4 Dec 2013 19:51:51 PM
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JEFFERSONAND THE LOUISIANA PURCHASE | 695
Jefferson "sell out" in the case of Louisiana?
Perhaps by the letter of states' the spirit and strict constructionism he did, but certainly not if one considers rights was the ultimate end of government?
For Jefferson of those doctrines. After all, what it was the Republican ideal. All other doctrines were securing simply auxiliaries. in and of themselves,
While
states' rights and strict constructionism were, important, were ancillary to the greater good of Republicanism. it became necessary
When
they were to secure the greater good, states' rights and strict constructionism sacrificed, were not important not because too, promoted
Republicanism?but
?they, they to an end, that end being Jefferson's "Empire of Liberty." because they were ameans
Did
of his states' by the apparent abandonment in the case of the Louisiana Purchase. However, to the point of suggesting sold out his that Jefferson this criticism has been extreme ideals. To the contrary, we assert that Jefferson was entirely consistent given his
is thus justly
Jefferson
and strict constructionist rights criticized views His was a vision of a land of liberty which grand design for the American Republic. was far his time, one may even say Utopian. Yet few in Jefferson's time, and beyond even fewer today, understood actions. All that is seen the ramifications of Jefferson's are are the in any politician which inconsistencies, rarely tolerated. Thus, seeming was and more, that this left to say sadly, "Every day proves to me more
Jefferson
for me."70
American
world was not made
*
The authorwould like to thankProfessor Calvin C Sillsonfor his guidance.
Notes
A
1. Drew McCoy, The Elusive Republic: PoliticalEconomy injejfersonian merica (Boston :
Little, Brown and Company, 1980), p. 187.
2. Robert W. Tucker andDavid C. Hendrickson, Empire ofLiberty: The Statecraft of ThomasJefferson
(New York, Oxford: Oxford University Press, 1990), p. 164.
3. Dumas Malone, Jefferson theVirginian vol. 1 o?Jefferson andHis Time (Boston: Little, Brown and
Company,
p. xiii.
1948),
4. Charles Francis Adams, ed.,Memoirs ofJohn Quincy Adams vol. V. (Philadelphia J.B. Lippincott and Company, 1875), pp. 364-65.
5. Henry Adams, History of theUnited States of America During theFirst Administration of Thomas
Jefferson vol. II. (New York: Charles Scribner's Sons, 1903), p. 89.
6.
Ibid.,
91.
p.
7. Albert Fried, ed., The Essential Jefferson (New York: Collier Books, 1963), p. 261.
New Nation (New York, Oxford: Oxford University
8. Merrill D. Peterson, ThomasJefferson and the
Press,
613.
p.
1970),
9. Ibid.
378.
10.
Fried,
p.
11.
Fried,
pp.
12.
Brodie,
13.
Schachner,
p.
383-84.
337.
417-18.
pp.
14. Fried, p. 298.
15.
Schachner,
p.
417.
16. Peterson (1970), p. 434.
17.
Fried,
p.
355.
p. 131.
p. 68.
Brodie,
p. 156.
18. McCoy,
19. Ibid.,
20.
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696
PRESIDENTIAL STUDIES QUARTERLY
I
21. Fried, p. 244.
22. McCoy,
68-69.
pp.
23. Fried, p. 236.
24.
Brodie,
156.
p.
25. Peterson (1970) p. 459.
26.
Brodie,
253.
p.
27. Adrienne Koch and
William Peden, eds. The Life and SelectedWritings of Thomas Jefferson (New
York: The Modern Library, 1944), p. 281.
28. McCoy,
29.
Ibid.,
30.
Koch
31.
McCoy,
32.
Ibid.,
33.
pp. 118-19.
p. 119. and Peden, pp. Ibid.,
34.
Ibid.,
p.
35.
Ibid.,
pp.
36.
Ibid.,
p. 191. and Peden,
615-16.
p. 84.
p. 104.
p. 84.
37.
Koch
190.
190-91.
575.
p.
38. Peterson (1970), p. 760.
39. Dumas Malone, Jefferson thePresident: First Term, 1801-1805 vol. IV of Jefferson andHis Time
(Boston: Little, Brown and Company, 1970), p. 297.
40. Peterson (1970), p. 767.
41. Willson
p.
arr.
Whitman,
Jefferson's
Letters
(Eau Claire,
WI:
E.M.
Hale
and Company,
1940),
216.
42.
Henry
43.
Ibid.,
p.
78.
p.
44.
Ibid.,
45.
Fried,
46.
Tucker
Adams,
79.
p.
78.
p. 400. and Hendrickson,
p.
164.
47. Peterson (1970), p. 770.
48. Malone (1970), p. 318.
49.
Fried,
50.
Ibid.,
51. McCoy,
pp. 439-40.
p. 440.
p. 203.
52. Malone
(1970), p. 320.
53.
Henry
54.
Ibid.,
55.
Ibid.,
p.
Ibid.,
p.
96-97.
100.
56.
104.
Adams, pp. 57. Malone
58.
(1970), pp. 328-29.
59.
Ibid.,
Adams,
p. 111.
60.
Ibid.,
p.
Henry
pp.
99-100.
p.
105.
113.
61. Peterson (1970), p. 775.
62.
63.
Henry
Tucker
pp. 94-95. and Hendrickson,
Adams,
64. Alexander DeConde,
65. McCoy,
66.
Ibid.,
p.
pp.
167-68.
This Affair of Louisiana (New York: Charles Scribner's Sons, 1976), p. 185.
p. 205.
203.
67. Ibid.
68.
Ibid.,
p.
198.
69.
Ibid.,
p.
199.
70.
Brodie,
p.
386.
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