"But does any constitutional objection really
exist? To me it would appear (1) that the United
States as a nation have an inherent right to acquire
territory; (2) that whenever that acquisition is by
treaty, the same constituted authorities in which the
treaty-making power is vested have a constitutional
right to sanction the acquisition; (3) that whenever
the territory has been acquired Congress have the
power either of admitting into the Union as a new
state, or of annexing to a state, with the consent of
that state, or of making regulations for the
government of such territory." Gallatin's Writings,
vol. 1, p. 11, etc.

 To this letter President Jefferson replied in
January, 1803, clearly showing that he thought
there was no question whatever of the right of the
United States to acquire, but that he did not believe
incorporation could be stipulated for and carried
into effect without the consent of the people of the
United States. He said (italics mine):

 "You are right, in my opinion, as to Mr. L.'s
 proposition: There is no constitutional difficulty as
 to the acquisition of territory, and whether when
 acquired it may be taken into the Union by the
 Constitution as it now stands will become a
 question of expediency. I think it will be safer not to
 permit the enlargement of the Union but by
 amendment of the Constitution." Gallatin' s
 Writings, vol. 1, p. 115.

 And the views of Mr. Madison, then Secretary
 of State, exactly conformed to those of President
 Jefferson, for, on March 2, 1803, in a letter to the
 commissioners who were negotiating the treaty, he
 said:
 "To incorporate the inhabitants of the hereby
 ceded territory with the citizens of the United
 States, being a provision which cannot now be
 made, it is to be expected from the character and
 policy of the United States that such incorporation
 will take place without unnecessary delay." 2 State
 Papers, 540.

 Let us pause for a moment to accentuate the
 irreconcilable conflict which exists between the
 interpretation given to the Constitution at the time
 of the Louisiana treaty by Jefferson and Madison,
 and the import of that instrument as now insisted
 upon. You are to negotiate, said Madison to the
 commissioners, to obtain a cession of the territory,
 but you must not under any circumstances agree
 "to incorporate the inhabitants of the hereby


ceded territory with the citizens of the United
States, being a provision which cannot now be
made." Under the theory now urged, Mr. Madison
should have said: You are to negotiate for the
cession of the territory of Louisiana to the United
States, and if deemed by you expedient in
accomplishing this purpose, you may provide for
the immediate incorporation of the inhabitants of
the acquired territory into the United States. This
you can freely do because the Constitution of the
United States has conferred upon the treaty-
making power the absolute right to bring all the
alien people residing in acquired territory into the
United States, and thus divide with them the rights
which peculiarly belong to the citizens of the United
States. Indeed, it is immaterial whether you make
such agreements, since by the effect of the
Constitution, without reference to any agreements
which you may make for that purpose, all the alien
territory and its inhabitants will instantly become
incorporated into the United States if the territory is
acquired.

 Without going into details, it suffices to say that
 a compliance with the instructions given them
 would have prevented the negotiators on behalf of
 the United States from inserting in the treaty any
 provision looking even to the ultimate incorporation
 of the acquired territory into the United States. In
 view of the emergency and exigencies of the
 negotiations, however, the commissioners were
 constrained to make such a stipulation, and the
 treaty provided as follows:

 "Art. 3. The inhabitants of the ceded territory
 shall be incorporated in the Union of the United
 States, and admitted as soon as possible,
 according to the principles of the Federal
 Constitution, to the enjoyment of all the rights,
 advantages, and immunities of citizens of the
 United States; and in the meantime they shall be
 maintained and protected in the free enjoyment of
 their liberty, property, and the religion which they
 profess." 8 Stat. at L. 202.

 Weighing the provisions just quoted, it is
 evident they refute the theory of incorporation
 arising at once from the mere force of a treaty, even
 although such result be directly contrary to any
 provisions which a treaty may contain. Mark the
 language. It expresses a promise: "The inhabitants
 of the ceded territory shall be incorporated in the
 Union of the United States. .. ." Observe how
 guardedly the fulfilment of this pledge is