Eleanor Finch
The Louisiana Purchase of 1803 was a seminal moment in US history, doubling the size of the United States. However, the purchase of the territory from France by President Thomas Jefferson was not explicitly permitted by the US Constitution, which did not grant the federal government the power to acquire more territory. This posed a problem for Jefferson, who was a strict adherent to the Constitution. Despite this, Jefferson went ahead with the purchase, and the Senate ratified the treaty with France on October 20, 1803. This episode, therefore, raises the question of whether and how such a large property purchase was constitutionally allowed.
| Characteristics | Values |
|---|---|
| Name of the purchase | Louisiana Purchase |
| Year of the purchase | 1803 |
| Territory purchased from | France |
| Territory purchased | 530,000,000 acres of territory in North America |
| Price paid | $15 million |
| Previous owner | Spain |
| Date of previous ownership | 1762 |
| US President at the time of the purchase | Thomas Jefferson |
| US President's stance on the purchase | Worried about the constitutionality of the acquisition |
| US President's decision | Went along with his advisers and dropped the idea of a constitutional amendment |
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What You'll Learn
Jefferson's constitutional gamble
In the early 19th century, the United States was primarily an agrarian nation, and rivers were the primary means of transporting goods for export. The Mississippi River, in particular, was of great strategic importance as it provided a conduit for the produce of America's West (then defined as the land between the Appalachians and the Mississippi).
Towards the end of the War of the Second Coalition, the Spanish, who controlled the land south of Georgia up to the Mississippi River, threatened to close the port of New Orleans, which would have denied access to the Mississippi. Suspecting that a deal might be possible with France, who had gained control of the vast region in 1800, President Thomas Jefferson sent Robert Livingston and later James Madison to France to negotiate the purchase of the port of New Orleans and the river delta.
However, when James Monroe arrived in Europe to join the negotiations, Napoleon had already decided to sell the entire Louisiana Territory to the United States for $15 million to protect his other French territories in the Caribbean and finance his military efforts. This exceeded the instructions given to the envoys by Jefferson, but they agreed to the deal anyway, signing the Louisiana Purchase Treaty on April 30, 1803.
The historic transaction, known as the Louisiana Purchase, doubled the size of the United States. However, Jefferson, a strict adherent to the letter of the Constitution, was concerned about the constitutionality of the acquisition. The Constitution did not explicitly grant the federal government the authority to acquire new territory, and he considered seeking a constitutional amendment. Jefferson wrote to John Dickinson in 1803, "The General Government has no powers but such as the Constitution gives it... An amendment of the Constitution seems necessary for this."
However, with Napoleon becoming impatient and threatening to void the treaty, speed became essential. Jefferson ultimately decided to take his chances and seek Senate ratification without a constitutional amendment. On October 20, 1803, the Senate voted 24-7 in favour of ratification, and the treaty was signed on October 31, 1803. While the purchase was popular, Jefferson feared that if it were contested, the agreement would be overturned in the Supreme Court. These fears proved unfounded, and the Louisiana Purchase was never questioned in court.
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Louisiana Purchase Treaty
The Louisiana Purchase Treaty, signed on April 30, 1803, was a historic transaction that doubled the size of the United States. The deal was struck between Robert Livingston, James Monroe, and François Barbé-Marbois, with Livingston famously stating:
> "We have lived long, but this is the noblest work of our whole lives... From this day the United States take their place among the powers of the first rank."
The United States purchased 828,000 square miles of land west of the Mississippi River, encompassing 15 present-day U.S. states and two Canadian provinces, for $15 million. This included the entirety of Arkansas, Missouri, Iowa, Oklahoma, Kansas, and Nebraska, large portions of North and South Dakota, parts of Montana, Wyoming, Colorado, Minnesota, New Mexico, and Texas, as well as New Orleans and the present-day state of Louisiana.
The Louisiana Purchase Agreement is made up of the Treaty of Cession and two conventions regarding the financial aspects of the transaction. The three documents include the treaty of cession and two conventions, one for the payment of 60 million francs ($11,250,000) and another for claims made by American citizens against France for 20 million francs ($3,750,000).
The purchase was not something that President Thomas Jefferson had initially sought to make. He was a strict interpreter of the Constitution and questioned whether the U.S. had the authority to acquire more territory. He considered proposing a constitutional amendment to justify the purchase but was convinced otherwise by his cabinet. Jefferson ultimately justified the purchase as a means to protect U.S. citizens, thus making it constitutional.
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Jefferson's strict interpretation
Thomas Jefferson's interpretation of the US Constitution was that it should be strictly construed, meaning he supported only those powers specifically granted by the document. In 1791, Jefferson wrote to John Dickinson, "The General Government has no powers but such as the Constitution gives it". He believed that the Constitution did not empower the federal government to acquire more territory.
Jefferson's principles were tested in many ways during his presidency, and he was willing to expand his narrow interpretation of the Constitution in order to purchase the Louisiana Territory. He sent James Monroe to help Robert Livingston negotiate the sale, and if that was not possible, they were to negotiate rights to use the port of New Orleans. They were surprised when Napoleon offered the entire territory for sale. Jefferson had serious doubts about whether he could move forward with an outright purchase, as the Constitution did not grant the president the right to negotiate this kind of property deal.
Jefferson's interpretation of the Constitution was influenced by his experience as the first secretary of state, vice president, leader of the first political opposition party, and third president of the United States. His actions in these roles were crucial in shaping the powers of the Constitution and the nature of the emerging republic. Jefferson's strict constructionist view of the Constitution was in contrast to that of Alexander Hamilton, who advocated for the broadest interpretation of the Constitution based on its implied powers.
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Constitutional amendment debate
The Louisiana Purchase of 1803, in which the United States acquired 530,000,000 acres of North American territory from France, sparked a debate about the constitutionality of such a purchase. The US Constitution did not explicitly grant the federal government the authority to acquire more territory, and President Thomas Jefferson, a strict adherent to the letter of the Constitution, considered proposing a constitutional amendment to address this issue.
Jefferson's cabinet was divided on the need for a constitutional amendment. James Madison, for example, disagreed with the idea of amending the Constitution. On the other hand, Jefferson's Treasury Secretary, Albert Gallatin, assured the President that any deal with France would be permissible and implied under the Constitution's treaty-making provisions. Jefferson himself rationalized the decision to send the treaty to Congress without an amendment, comparing it to a guardian investing their ward's money in adjacent land.
The urgency of the situation also played a role in the decision-making process. Napoleon, the ruler of France at the time, was becoming impatient and threatened to void the treaty if the deal was not concluded quickly. Jefferson's advisers pushed for ratification without an amendment, and the Senate approved the treaty by a vote of twenty-four to seven on October 20, 1803. This decision doubled the size of the United States and ensured the acquisition of the Louisiana Territory.
However, the debate around the constitutionality of the Louisiana Purchase continued beyond this initial acquisition. In 1823, Marshall, in the American Insurance Co. v. Canter decision, clarified the Treaty Clause by stating that "the Constitution confers absolutely on the government of the Union, the powers of making war, and of making treaties; consequently, that government possesses the power of acquiring territory, either by conquest or by treaty." This interpretation affirmed the idea that the federal government had the authority to acquire new territory through treaties, even if it was not explicitly stated in the original text of the Constitution.
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Expansion of federal powers
The Louisiana Purchase in 1803, which doubled the size of the United States, was a significant expansion of federal powers. The US government purchased 530,000,000 acres of North American territory from France for $15 million. This land eventually formed all or part of 15 modern US states between the Mississippi River and the Rocky Mountains.
At the time, there were concerns about the constitutionality of the acquisition. President Thomas Jefferson, a strict constructionist, could find no explicit authority in the Constitution for the government to purchase new territory. He considered proposing a constitutional amendment but was pressured for time as Napoleon threatened to void the treaty. Jefferson ultimately decided to pursue the treaty without an amendment, sending it to Congress for ratification.
Jefferson's decision to expand federal powers was ironic given the political landscape of the time. The Federalists, who had previously advocated for a broad extension of federal powers, supported the treaty, while the Republicans, Jefferson's own party, had opposed such an expansion.
In 1823, Marshall, in American Insurance Co. v. Canter, clarified the Treaty Clause, stating that "the Constitution confers absolutely on the government of the Union, the powers of making war, and of making treaties; consequently, that government possesses the power of acquiring territory, either by conquest or by treaty." This decision affirmed the federal government's authority to acquire new territory, even if it was not explicitly stated in the Constitution.
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Frequently asked questions
The US Constitution did not specifically grant the federal government the authority to acquire more territory.
Yes, the Louisiana Purchase Treaty doubled the size of the United States.
The Louisiana Purchase Treaty was a deal between the US and France, in which the US acquired the Louisiana Territory for $15 million.
The key people involved in the Louisiana Purchase Treaty were President Thomas Jefferson, James Monroe, Robert Livingston, Napoleon Bonaparte, and Charles Maurice de Talleyrand-Perigord.
Napoleon needed funds to fight the British and wanted to protect other French territories in the Caribbean.
