History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
Such are the legislative powers of Congress, which are to be exercised
within the States themselves;--and it is at once obvious, that they
constitute a government of limited authority. The question arises,
then, whether that authority is anywhere full and complete, embracing
all the powers of government and extending to all the objects of which
it can take cognizance. It has already been seen, that, when provision
was made for the future acquisition of a seat of government, exclusive
legislation over the district that might be acquired for that purpose
was conferred upon Congress.[269] In the same clause, the like
authority was given over all places that might be purchased, with the
consent of any State legislature, for the erection of forts,
magazines, arsenals, dock-yards, and other needful buildings.[270] All
the other places to which the authority of the United States can
extend are included under the term "territories," which are out of the
limits and jurisdiction of any State. As this is a subject which is
intimately connected with the power to admit new States into the
Union, we are now to consider the origin and history of the authority
given to Congress for that purpose.
In examining the powers of Congress contained in the first article of
the Constitution, the reader will not find any power to admit new
States into the Union; and while he will find there the full
legislative authority to govern the District of Columbia and certain
other places ceded to the United States for particular purposes, of
which I have already spoken, he will find no such authority there
conferred in relation to the territory which had become the property
of the United States by the cession of certain of the States before
and after the adoption of the Articles of Confederation. If this power
of legislation exists as to the territories, it is to be looked for in
another connection; and although it is not the special province of
this work to discuss questions of construction, it is proper here to
state the history of those portions of the Constitution which relate
to this branch of the authority of Congress.
In the first volume of this work, I have given an account of the
origin of the Northwestern Territory, of its relations to the Union,
and of the mode in which the federal Congress had dealt with it down
to the time when the national Convention was assembled.[271] From the
sources there referred to, and from others to which reference will now
be made, it may be convenient to recapitulate what had been done or
attempted by the Congress of the Confederation.
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