though specious, for a moment frightened Jefferson to the extent of considering the necessity of a constitutional amendment specifically conferring the power to purchase territory and to govern it; he rose above his momentary fears, however, and declared that, as to such matters, the government had, and in fact, that it must have, the power to act for the sake of the existence and the safety of the Union. It again asserted itself when it tried to convince the Supreme Court that the government had no power to acquire Florida, or to govern it after its acquisition, but Chief Justice Marshall suppressed it with one of those opinions which left no uncertainty as to the rulings of the judicial side of the government. It protested against the annexation of Texas, although it must be said, the opposition in this case was mainly due to the fear of extension of slavery, and there are even some of the members of that party to-day who contend that the Lone Star State has no right to membership in the Union, although they admit that it may be too late to raise the question now, and that it might even be impolitic to raise it in some parts of the far Southwest. It raised a great shout of opposition to the purchase of Alaska, and Secretary Seward was derided for his successful negotiations with Russia resulting in the acquisition of what was then called "a garden of snow and ice," but which since then has proved of such inestimable value that a single group of islands has repaid the entire cost of the whole territory.

States were unconstitutional and could only be accomplished by the consent of every State or by a constitutional amendment.

2 In his brief in the Porto Rico Tariff cases (Goetze vs. United States) submitted to the Supreme Court in December, 1900, Attorney General Griggs devotes pages 31-40 to "Jefferson's doubts as to the constitutionality of the Louisiana Treaty." He declares that it is "a common error, long disseminated and many times repeated, to assert that Jefferson was under the belief that the United States had no

constitutional power to acquire foreign territory."

3 The constitution confers absolutely on the government of the Union the power of making wars and making treaties, consequently the government possesses the power of acquiring territory either by conquest or treaty." American Ins. Co. vs. Canter, U. S. Sup. Ct. 1828, 1 Peters, 511, p. 542, MARSHALL, Ch. J.

4 See the adverse opinions as to the value of Alaska expressed in Congress, July 1, 1868, by Mr. Orange Ferriss of New York, Mr.

$ 70. Policy of expansion and acquisition sustained by courts and people. This voice of opposition, as loud and as futile as ever, has been heard again within the last three years; ante-bellum doctrines of narrow construction have been revived by those who have called themselves at one time anti-expansionists, and at another, anti-imperialists. It is not the intention of the author to discuss the political issues raised by the recent transactions of the National gov ernment; but he alludes to the manner in which the people have sustained the administration as ample evidence of the fact that it has been generally acknowledged, that as to all matters not exclusively within the jurisdiction of any State, the Central Government possesses every attribute of nationality and sovereignty necessary to enable it to act for the general benefit of the people at large; and also that probably during the past three years the element of nationality has had a greater development in the minds of our people, in their capacity as " Americans," than it has had since the pre-revolutionary days when the national spirit found expression in Patrick Henry's famous utterance: "Am I less a Virginian because I am an American?"

Again disavowing any intention to enter upon political discussion, the author feels that it must also be acknowledged that it has been owing to the wide scope of the treaty-making power, and the manner in which it has been exercised, by the United States from 1782, when our first treaty with France gave evidence of the great diplomatic ability of Franklin and his colleagues, to the present time when the treaty concluded at Paris with another power under the administration of Mr. McKinley, also gave evidence of the skill and ability of American diplomats and established the fact, that this country has reached a preeminent position among the nations of the earth; and that it must also be acknowledged that through the treaty-making power, and its proper and prudent exercise great advantages have been gained, which have inured to every State, and to citizens of every State and Territory.

Washburne of Wisconsin, Messrs. |lated on page 52 of Binger HerPrice of Iowa, Benjamin F. Butler mann's Louisiana Purchase, of Massachusetts and others col- ferred to supra, note 1, § 69.

re

Surely it is not only a selfish position, but one also unfounded in fact or reason, to contend that as the number of States and the area and power of the Union increases, each State diminishes in relative importance. Which one of the thirteen original States would to-day exchange its position as one of the great integral factors of the United States with its present proportions and power, for its relative position of a century ago? The greater the Union-the greater the whole the greater each one of its component parts; the United States never has increased, and never will increase, either in area, power or in any other manner, except for the common benefit of every State and of every citizen in his dual capacity as a citizen of his own State and of the

Union.

If to-day we hold a position in the world of greater strength and influence than we have ever held before-and who can doubt that such is the case—it is because we have overcome at last all petty prejudices and local jealousies, and have fully recognized and realized the great power and ability which is vested in our Central and National Government.

$71. Territorial Expansion the Cornerstone of American prosperity. The broad views of such men as Marshall and Story during the great constructive period, and of the men who have followed them in the later post-bellum period, through which we have been, and are now, passing, including such eminent jurists as Justices Field, Bradley, Harlan and Gray, have sustained and strengthened the hands of the National Government, and have made the enlargement of our territory not only possible, but have caused it to result in practical benefits for every State and also for the citizens of the States and of the territory acquired.

In fact, the history of the United States has demonstrated that the policy of expansion and acquisition of territory, based as it is upon the foundation of sovereignty and nationality of the Central Government, is the cornerstone of the great structure of the American Union which has been

reared thereon.

The cornerstone must rest upon a sure foundation or the structure based upon it will collapse, but no structure built upon the cornerstone of our policy of expansion will ever

meet that fate, for the stone itself is securely supported upon the broadest and strongest foundation of thorough nationality and complete sovereignty, indissolubly cemented with the highest degree of fearless and independent loyalty and patriotism, both national and federal.

136

CHAPTER III.

THE NATIONALITY AND SOVEREIGNTY OF THE UNITED STATES AS RECOGNIZED BY OTHER SOVEREIGN POWERS.