Domestic Opposition
The American purchase of the Louisiana territory was not accomplished without domestic opposition. Jefferson's philosophical consistency was in question because of his strict interpretation of the Constitution. Many people believed he, and other Jeffersonians such as James Madison, were being hypocritical by doing something they surely would have argued against with Alexander Hamilton. The Federalists strongly opposed the purchase, favoring close relations with Britain over closer ties to Napoleon, and were concerned that the United States had paid a large sum of money just to declare war on Spain.
Both Federalists and Jeffersonians were concerned about whether the purchase was unconstitutional. Many members of the United States House of Representatives opposed the purchase. Majority Leader John Randolph led the opposition. The House called for a vote to deny the request for the purchase, but it failed by two votes, 59–57. The Federalists even tried to prove the land belonged to Spain, not France, but available records proved otherwise.
The Federalists also feared that the political power of the Atlantic seaboard states would be threatened by the new citizens of the west, bringing about a clash of western farmers with the merchants and bankers of New England. There was concern that an increase in the number of slave-holding states created out of the new territory would exacerbate divisions between north and south as well. A group of northern Federalists led by Massachusetts Senator Timothy Pickering went so far as to explore the idea of a separate northern confederacy.
Another concern was whether it was proper to grant citizenship to the French, Spanish, and free black people living in New Orleans, as the treaty would dictate. Critics in Congress worried whether these "foreigners", unacquainted with democracy, could or should become citizens.
Most domestic objections were politically settled, overridden, or simply hushed up. One problem, however, was too important to argue down convincingly: Napoleon did not have the right to sell Louisiana to the United States. The sale violated the 1800 Third Treaty of San Ildefonso in several ways. Furthermore, France had promised Spain it would never sell or alienate Louisiana to a third party. Napoleon, Jefferson, Madison, and the members of Congress all knew this during the debates about the purchase in 1803. Spain protested strongly, and Madison made some attempt to justify the purchase to the Spanish government, but was unable to do so convincingly. So, he tried continuously until results had been proven remorsefully inadequate.
That the Louisiana Purchase was illegal was described pointedly by the historian Henry Adams, who wrote: "The sale of Louisiana to the United States was trebly invalid; if it were French property, Bonaparte could not constitutionally alienate it without the consent of the Chambers; if it were Spanish property, he could not alienate it at all; if Spain had a right of reclamation, his sale was worthless."
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