Congress was convened by proclamation October 17, 1803. Jefferson, as we have seen, advised a constitutional amendment. This advice was not accepted by his party associates. They thought that the Constitution already gave sufficient power. Under this theory they proceeded to confirm the treaty, and to introduce the legislation necessary to occupy and organize the territory. Upon this ground the Federalists attacked them, and memorable debates ensued. It would be outside of our purpose to follow these debates through a detailed discussion of the constitutional questions involved. They come within our purview only so far as they furnish testimony of public sentiment and locate the influences which aided or opposed the acquisition of Louisiana and the policy of territorial expansion. A general glance at the attitude of the two parties on the constitutional questions will, however, conduce to a clear comprehension of the sectional aspects of the contest.
The first battle came in the Senate. (Annals of Congress, 1803-1804, p. 308.) The treaty was confirmed in executive session, October 20th, by a vote of 24 to 7. Those voting against confirmation were Messrs. Hillhouse and Tracy, of Connecticut; Pickering, of Massachusetts; Wells and White, of Delaware; Olcott and Plumer, of New Hampshire; all Federalists and from the Northeast.
The public debates occurred on the resolutions and acts for taking possession of the territory, providing for the expenses of the treaty, and establishing a temporary government. (Ibid, p. 488.) The test vote in the House was taken October 25th, on the resolutions to provide for carrying out the treaty. The resolutions were nays 17 were from New England, 3 from New York, 1 from Maryland, and 4 from Virginia. Hot debates ensued in the Senate and in the House, turning largely on the constitutional questions ; the Federalists denying and the Republicans affirming the power of the government
