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use we can make of the country for some time； will be to give
establishments in it to the Indians on the East side of the Missipi；
in exchange for their present country； and open land offices in the
last； & thus make this acquisition the means of filling up the
Eastern side； instead of drawing off it's population。 When we shall
be full on this side； we may lay off a range of States on the Western
bank from the head to the mouth； & so； range after range； advancing
compactly as we multiply。
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 thoughtit 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。
We have nothing later from Europe than the public papers give。
I hope yourself and all the Western members will make a sacred point
of being at the first day of the meeting of Congress； for _vestra res
agitur。_
Accept my affectionate salutations & assurances of esteem &
respect。
A CONSTITUTIONAL AMENDMENT
_To Wilson Cary Nicholas_
_Monticello； Sep。 7； 1803_
DEAR SIR； Your favor of the 3d was delivered me at court；
but we were much disappointed at not seeing you here； Mr。 Madison &
the Gov。 being here at the time。 I enclose you a letter from Monroe
on the subject of the late treaty。 You will observe a hint in it； to
do without delay what we are bound to do。 There is reason； in the
opinion of our ministers； to believe； that if the thing were to do
over again； it could not be obtained； & that if we give the least
opening； they will declare the treaty void。 A warning amounting to
that has been given to them； & an unusual kind of letter written by
their minister to our Secretary of State； direct。 Whatever Congress
shall think it necessary to do； should be done with as little debate
as possible； & particularly so far as respects the constitutional
difficulty。 I am aware of the force of the observations you make on
the power given by the Constn to Congress； to admit new States into
the Union； without restraining the subject to the territory then
constituting the U S。 But when I consider that the limits of the U S
are precisely fixed by the treaty of 1783； that the Constitution
expressly declares itself to be made for the U S； I cannot help
believing the intention was to permit Congress to admit into the
Union new States； which should be formed out of the territory for
which； & under whose authority alone； they were then acting。 I do
not believe it was meant that they might receive England； Ireland；
Holland； &c。 into it； which would be the case on your construction。
When an instrument admits two constructions； the one safe； the other
dangerous； the one precise； the other indefinite； I prefer that which
is safe & precise。 I had rather ask an enlargement of power from the
nation； where it is found necessary； than to assume it by a
construction which would make our powers boundless。 Our peculiar
security is in possession of a written Constitution。 Let us not make
it a blank paper by construction。 I say the same as to the opinion
of those who consider the grant of the treaty making power as
boundless。 If it is； then we have no Constitution。 If it has
bounds； they can be no others than the definitions of the powers
which that instrument gives。 It specifies & delineates the
operations permitted to the federal government； and gives all the
powers necessary to carry these into execution。 Whatever of these
enumerated objects is proper for a law； Congress may make the law；
whatever is proper to be executed by way of a treaty； the President &
Senate may enter into the treaty； whatever is to be done by a
judicial sentence； the judges may pass the sentence。 Nothing is more
likely than that their enumeration of powers is defective。 This is
the ordinary case of all human works。 Let us go on then perfecting
it； by adding； by way of amendment to the Constitution； those powers
which time & trial show are still wanting。 But it has been taken too
much for granted； that by this rigorous construction the treaty power
would be reduced to nothing。 I had occasion once to examine its
effect on the French treaty； made by the old Congress； & found that
out of thirty odd articles which that contained； there were one； two；
or three only which could not now be stipulated under our present
Constitution。 I confess； then； I think it important； in the present
case； to set an example against broad construction； by appealing for
new power to the people。 If； however； our friends shall think
differently； certainly I shall acquiesce with satisfaction；
confiding； that the good sense of our country will correct the evil
of construction when it shall produce ill effects。
No apologies for writing or speaking to me freely are
necessary。 On the contrary； nothing my friends can do is so dear to
me； & proves to me their friendship so clearly； as the information
they give me of their sentiments & those of others on interesting
points where I am to act； and where information & warning is so
essential to excite in me that due reflection which ought to precede
action。 I leave this about the 21st； and shall hope the District
Court will give me an opportunity of seeing you。
Accept my affectionate salutations； & assurances of cordial
esteem & respect。
JESUS； LOUISIANA； AND MALTHUS
_To Dr。 Joseph Priestley_
_Washington； Jan。 29； 1804_
DEAR SIR； Your favor of December 12 came duly to hand； as
did the 2'd。