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
The power of Congress to deal with the admission of new States was not
only denied at the time, but its alleged want of such power was one of
the principal reasons which were said to require a revision of the
federal system. It does not appear that the subject of legislation on
the rights or condition of persons attracted particular attention; nor
do we know, from anything that has come down to us, that the clause
relating to slavery was stricken from Mr. Jefferson's resolve in
1784, upon the special ground of a want of constitutional power to
legislate on such a question. But Mr. Jefferson has himself informed
us, that a majority of the States in Congress would not consent to
construe the Articles of Confederation as if they had reserved to nine
States in Congress power to admit new States into the Union from the
territorial possessions of the United States; and that they so shaped
his measure, as to leave the question of power and the rule for voting
to be determined when a new State formed in the territory should apply
for admission.[276] It seems, also, that although the power to frame
territorial governments, to organize States and admit them into the
Union, was assumed in the Ordinance of 1787, the Congress of the
Confederation never acted upon the power so far as to admit a
State.[277] Finally, we are told by Mr. Madison, in the Federalist,
that all that had been done in the Ordinance by the Congress of the
Confederation, including the sale of lands, the organization of
governments, and the prescribing of conditions of admission into the
Union, had been done "without the least color of constitutional
authority";[278]--an assertion which, whether justifiable or not,
shows that the power of legislation was by some persons strenuously
denied.[279]
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