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
It appears that during the preparation of the Articles of
Confederation an effort was made to include in them a grant of express
power to the United States in Congress to ascertain and fix the
western boundaries of the existing States, and to lay out the
territory beyond the boundaries that were to be thus ascertained into
new States. This effort totally failed. It was founded upon the idea
that the land beyond the rightful boundaries of the old States was
already, or would by the proposed grant of power to ascertain those
boundaries become, the common property of the Union. But the States,
which then claimed an uncertain extension westward from their actual
settlements, were not prepared for such an admission, or such a grant;
and accordingly the Articles of Confederation, which were issued in
1777 and took effect in 1781, contained no express power to deal with
landed property of the United States, and no provision which could
safely be construed into a power to form and admit new States out of
then unoccupied lands anywhere upon the continent. Still, the Articles
were successively ratified by some of the States, and finally became
established, in the express contemplation that the United States
should be made the proprietor of such lands, by the cession of the
States which claimed to hold them. In order to procure such cessions,
as the means of inducing a unanimous accession to the confederacy, the
Congress in 1780 passed a resolve, in which they promised to dispose
of the lands for the common benefit of the United States, to settle
and form them into distinct republican States, and to admit such
States into the Union on an equal footing with its present
members.[272] The great cession by Virginia, made in 1784, was
immediately followed by another resolve, for the regulation of the
territory thus acquired.[273]
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