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
Before this transaction had been completed, it had become manifest, from
the knowledge that had been obtained of the country northwest of the
Ohio, that it would be extremely inconvenient to lay it out into States
of the extent and dimensions described in the resolve of October 10,
1780, under which the cession of Virginia had been made; and the
legislature of that State were accordingly asked to modify their act of
cession, so as to enable Congress to lay out the territory into not more
than five nor less than three States, as the situation and circumstances
of the country might require.[318] This suggestion was complied
with.[319]
A cession by South Carolina then followed, of all its claim to lands
lying towards the river Mississippi;[320] but no other cessions were
made to the United States under the Confederation; those of Georgia and
North Carolina having been made after the adoption of the
Constitution.[321]
It appears, therefore, that, with the exception of the claims of South
Carolina to territory lying due west from that State towards the river
Mississippi, the United States, before the 13th of July, 1787, had
become possessed of the title to no other territory than that which had
been surrendered to them by the States of New York, Virginia,
Massachusetts, and Connecticut. The great mass of this territory was
that embraced within the cession of Virginia, and lying to the northwest
of the river Ohio; and after the whole title to this region, with the
exception of some reserved tracts, had become complete in the United
States, it was subject to the resolves of 1780 and of 1784. The
provisions of the resolve of 1784, however, were soon seen to be
inconvenient and inapplicable to the pressing wants of this region.
Immediate legislation was plainly demanded for this territory, which
could not wait the slow process of forming first temporary and then
permanent governments, as had been contemplated by that resolve.
Congress had had cast upon it the administration of an empire, exterior
to the Confederation, and rapidly filling with people, in which the
rights and tenure of property, the preservation of order and
tranquillity, and the shaping of its political and social destinies,
required instant legislation. This legislation was therefore provided in
the celebrated Ordinance for the Government of the Northwestern
Territory, enacted July 13, 1787, which was designed to supersede and in
terms directly repealed the resolve of 1784. As this fundamental law for
a new and unsettled country--at that time a novel undertaking--must
always be regarded with interest in every part of the world, and as it
lies at the foundation of the civil polity of a sixth part of these
United States, its principles and provisions should be carefully
examined.
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