History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
The great obstacle, however, to the adoption of the Confederation, which
delayed the assent of several of the smaller States for so long a
period, was the claim of some of the larger States to the vacant lands
lying within what they considered their rightful boundaries. The
boundaries of the great States, as fixed by their charters derived from
the crown of England, extended, in terms, "to the South Sea," and each
of these States, as successor, by the Revolution, to the crown, with
regard to territorial sovereignty, claimed to own both the jurisdiction
and the property of all the crown lands within its limits. This claim
was strenuously resisted by Rhode Island, Delaware, New Jersey, and
Maryland. They insisted that Congress ought to have the right to fix the
boundaries of the States whose charters stretched to such an indefinite
extent into the Western wilderness, and that the unoccupied lands ought
to be the property of the whole Union; since, if the independence of the
country should be finally established, those lands would have been
conquered from the crown of England by the common blood and treasure of
all the States. The effect of a tacit recognition of the claims of the
great States upon the welfare of such a State as Maryland, through the
absence from the Articles of Confederation of any provision on the
subject, was strikingly exhibited, by its legislature, in certain
instructions to their delegates in Congress, which were laid before that
body on the 21st of May, 1779. They pointed out two consequences likely
to result from a confirmation of the claim which Virginia had set up to
an extensive and fertile country; the one would be, they said, directly
injurious to Maryland, while the other would be inconsistent with the
letter and spirit of the proposed Confederation. They supposed, on the
one hand, that a sale by Virginia of only a small proportion of these
lands would draw into her treasury vast sums of money, enabling her to
lessen her taxes, and thereby to drain the less wealthy neighboring
State of its most useful inhabitants, which would cause it to sink, in
wealth and consequence, in the scale of the confederated States. On the
other hand, they suggested that Virginia might, and probably would, be
obliged to divide its territory, and to erect a new State, under the
auspices and direction of the elder, from whom it would receive its form
of government, to whom it would be bound by some alliance, and by whose
counsels it would be influenced. They declared that, if this were to
take place, it would be inconsistent with the letter and spirit of the
Confederation already proposed; that, if it were to result in the
establishment of a sub-confederacy, an _imperium in imperio_, the State
possessed of this extensive dominion must then either submit to all the
inconveniences of an overgrown and unwieldy government, or suffer the
authority of Congress to interpose at a future time, and lop off a part
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account