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 Confederation, although preceded by a cession of Western territory
from the State of New York for the use of the United States, contained
no grant of power to Congress to hold, manage, or dispose of such
property. There had been, while the Articles of Confederation were under
discussion in Congress, a proposal to insert a provision, giving to
Congress the sole and exclusive right and power to ascertain and fix the
western boundary of such States as claimed to the Mississippi or the
South Sea, and to lay out the land beyond the boundary so ascertained
into separate and independent States, from time to time, as the numbers
and circumstances of the inhabitants might require.[298] This proposal
was negatived by the vote of every State except Maryland and New
Jersey.[299] Its rejection caused the adoption of the Confederation to
be postponed for a period of more than two years after it was submitted
to the States.[300] Virginia had set up claims to an indefinite extent
of territory, stretching far into the Western wilderness, which were
looked upon with especial jealousy by Maryland; and when the Articles of
Confederation came before the legislature of that State for
consideration, the absence of any provision vesting in the Union any
control over these claims, or any power to ascertain and fix the western
boundaries of the great States, became at once a cause of irritation and
alarm. The steps taken by Maryland to have this power introduced into
the Articles have already been detailed.[301] But the Articles could not
be amended. Congress could only make efforts to remove this impediment
to their adoption, by recommending to the States to cede their
territorial claims to the Union. The first step which they took, for
this purpose, was to recommend to the State of Virginia, and all the
other States similarly situated, not to make sales of unappropriated
lands during the continuance of the war.[302] This was followed by a
full consideration of the subject presented by the objections of
Maryland and the remonstrance of Virginia. Declining to reopen the
question of the merits or policy of attempting to engraft the proposed
power upon the Confederation, Congress deemed it more advisable to
endeavor to procure a surrender of a portion of the territorial claims
of the several States.[303] In pressing a recommendation to this effect,
they were greatly aided by the course of the State of New York, which
had already authorized its delegates in Congress to limit its western
boundaries, and to cede a portion of its vacant lands to the United
States.[304] They then immediately declared, by resolve, the purposes
for which such cessions were to be held. The territories were to be
disposed of for the common benefit of the United States; to be settled
and formed into distinct republican States, which should become members
of the Federal Union, and have the same rights of sovereignty, freedom,
and independence as the other States. Each State so formed was to
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