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
But it was in the provisions of the Ordinance relative to the admission
into the Union of the new States to be formed upon this territory, that
the relation between the existing government of the United States and
its great dependency was afterwards found to involve serious
difficulties. The Union was at that time a confederacy of thirteen
States, originally formed mainly with reference to the exigencies of the
war; and, although the Articles of Confederation had been ratified under
circumstances which gave to the United States the authority to acquire
this property, they had vested in Congress no power to enlarge the
Confederacy by the admission of new States. Yet the Ordinance undertook
to declare that new States should be admitted into the Congress of the
United States on an equal footing with the existing States in all
respects whatever, without proposing to submit that question to the
original parties to the Confederacy.
It does not appear from contemporary evidence that this difficulty
attracted public attention, at the time of the passage of the Ordinance.
In the year 1787, the Confederation was laboring under far more pressing
and alarming defects than the want of strict constitutional power to
create new States. Public attention was consequently more engaged with
the consideration of evils which affected the prosperity of the original
States themselves, than with the destiny of the new communities, or the
method by which they were to be brought into the Union. It was not
immediately perceived, also, that a property, capable at no distant day
of becoming a vast mine of wealth to the United States, as a great and
independent revenue, had come under the management of a single body of
men, constituted originally without reference to such a trust, and with
no declared constitutional provisions for its administration. When,
however, the Constitution was in the process of formation, the necessity
for provisions under which Congress could dispose of the public lands,
and by which new States could be admitted into the Union, was at once
felt and conceded on all sides.[322]
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