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
Soon after this cession had been completed, Congress passed a resolve
for the regulation of the territory that had been or might be ceded to
the United States, for the establishment of temporary and permanent
governments by the settlers, and for the admission of the new States
thus formed into the Union.[311] This resolve provided, that the
territory which had been or might be ceded to the United States, after
the extinguishment of the Indian title, and when offered for sale by
Congress, should be divided into separate States, in a manner specified;
that the settlers on such territory, either on their own petition or on
the order of Congress, should receive authority to form a temporary
government; and that when there should be twenty thousand free
inhabitants within the limits of any of the States thus designated, they
should receive authority to call a convention of representatives to
establish a permanent constitution and government for themselves,
provided that both the temporary and permanent governments should be
established on these principles, as their basis:--1. That they should
for ever remain a part of the Confederacy of the United States of
America. 2. That they should be subject to the Articles of Confederation
and the acts and ordinances of Congress, like the original parties to
that instrument. 3. That they should in no case interfere with the
disposal of the soil by Congress. 4. That they should be subject to pay
a part of the federal debts, present and prospective, in the same
measure of apportionment with the other States. 5. That they should
impose no tax upon lands, the property of the United States. 6. That
their respective governments should be republican. 7. That the lands of
non-resident proprietors should not be taxed higher than those of
residents, in any new State, before its delegates had been admitted to
vote in Congress.
The resolve also contained a provision, which appears to have been
designed to meet the want of constitutional power, under the Articles of
Confederation, relative to the admission of new States. It was declared,
that whenever any of the States thus formed should have as many free
inhabitants as the least numerous of the thirteen original States, it
should be admitted by its delegates into Congress on an equal footing
with the original States, provided the assent of so many States in
Congress should be first obtained, as might at the time be competent to
such admission. It was further declared, that, in order to adapt the
Articles of Confederation to the condition of Congress when it should be
thus increased, it should be proposed to the original States, parties to
that instrument, to change the rule, which required a vote of nine
States, to a vote of two thirds of all the States in Congress; and that
when this change had been agreed upon, it should be binding upon the new
States.
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