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Jefferson, “Composition Draft of that Part of the Declaration of Independence Containing the Charges against the Crown,” PTJ, 1:417–20. The term “convention” is misleading. As Jefferson noted, Virginia did not send special delegates to form a special body to write a constitution, nor did the people at large ratify the finished document. Rather, the Virginia legislature simply wrote a constitution, leading Jefferson to argue that the Virginia constitution was no more fundamental than ordinary statute.
17 The possessions discussed were “allodial” lands but they might as well have been governmental powers: the constitution would create an administrator who resembled a king but lacked his prerogatives. By replacing the king with an officer like a king but lacking the king’s powers and prerogatives, the constitution could be used to quiet those who would inevitably argue for reinstalling the king or for following the British plan of government. Under Jefferson’s constitution, the model of the kingly 12 13 14 15 16 17 See especially Boyd’s notes in PTJ, 1:336.
As president, Jefferson exercised powers previously nonexistent in the Constitution when he purchased and incorporated the Louisiana territory, just as Robert Livingston and James Monroe went outside their official instructions when they brokered the deal for the entirety of Louisiana. Although Jefferson never explained this doctrine with regard to the Louisiana Purchase, he said his refusal to assert the constitutionality of the Purchase was designed to “set an example” against a broad construction of the Constitution.