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
While, therefore, in the formal instrument under which the Congress
was organized, and by which the United States became a corporate body,
there was no article which looked to the admission of new States into
that body, formed out of territory thus acquired, and no power was
conferred to dispose of such lands or govern such territory, there
were, outside of that instrument, and closely collateral to it,
certain great compacts between the States, arising out of deeds of
cession and the formal guaranties by which those cessions had been
invited, and with which they had been received, which proceeded as if
there were a competent authority in the United States in Congress to
provide for the formation of the States contemplated, and for their
admission into the Union. Strictly speaking, however, there was no
such authority. It was to be gathered, if at all, from public acts
and general acquiescence, and could not be found in the instrument
that formed the charter and established the powers of the Congress. It
was an authority, therefore, liable to be doubted and denied; it was
one for the exercise of which the Congress was neither well fitted nor
well situated; and it was moreover so delicate, so extensive, and so
different from all the other powers and duties of the government, as
to make it eminently necessary to have it expressly stated and
conferred in the instrument under which all the other functions of the
government were to be exercised.[280]
Such was the state of things at the period of the formation of the
Constitution; and as we are to look for the germ of every power
embraced in that instrument in some stage of the proceedings which
took place in the course of its preparation, it is important at once
to resort to the first suggestion of any authority over these
subjects. In doing so, we are to remember that the United States had
accepted cessions of the Northwestern Territory, impressed with two
distinct trusts: first, that the country should be settled and formed
into distinct republican States, which should be admitted into the
Union; secondly, that the lands should be disposed of for the common
benefit of all the States.[281]
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