Suppose
the "monarchists" should again come into national control and pass new
Alien and Sedition laws? Where could these inhabitants of a territory
find a protector? Under such conditions, the prestige of State
citizenship was rapidly disappearing. The very fact that certain
inhabitants of the United States were living solely under the protection
of the national authority inspired a greater respect for that authority.
Likewise, when these people were admitted to statehood at the end of
their period of probation, it would be done by an act of Congress, and
not by the States.
Among the many constitutional dilemmas into which the party had been
brought by this compulsory action, was a provision of the treaty that
the port of New Orleans should enjoy certain favours for a number of
years. To reconcile this exception with the Constitution, which says
that "all duties, imposts, and excises shall be uniform throughout the
states," it was declared that the territory had been purchased by the
States in their confederated capacity and they could hold it like a
colony. Therefore, the Congress could regulate it as a territory under
the Constitution without reference to the provisions affecting the
States.
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