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
With regard to the powers of Congress, under the Confederation, to
erect new States in the Northwestern Territory, and to admit them into
the Union, the truth seems to be this. There is no part of the
Articles of Confederation which can be said to confer such a power;
and, in fact, when the Articles were framed, the Union, although it
then existed by an imperfect bond, not only possessed no such
territory, but it did not then appear likely to become the proprietor
of lands, claimed by certain of the States as the successors of the
crown of Great Britain, and lying within what they regarded as their
original chartered limits. The refusal of those States to allow the
United States to determine their boundaries, made it unnecessary to
provide for the exercise of authority over a public domain. But in the
interval between the preparation of the Articles and their final
ratification, a great change took place in the position of the Union.
It was found that certain of the smaller States would not become
parties to the Confederation, if the great States were to persist in
their refusal to cede to the Union their claims to the unoccupied
Western lands; and although the States which thus held themselves
back, for a long time, from the ratification of the Articles, finally
adopted them, before the cessions of Western territory were made,
they did so upon the most solemn assertion that they expected and
confided in a future relinquishment of their claims by the other
States. Those just expectations were fulfilled. By the acts of
cession, and by the proceedings of Congress which invited them, the
United States not only became the proprietors of a great public
domain, but they received that domain upon the express trust that its
lands should be disposed of for the common benefit, and that the
country should be settled and formed into republican States, and that
those States should be admitted into the Union. In these conveyances,
made and accepted upon these trusts, there was a unanimous
acquiescence by the States.
Public-domain text, read in full here on John Shaqi.
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