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
Accordingly, we find in the plan of government presented by Governor
Randolph at the opening of the Convention, a resolution declaring
"that provision ought to be made for the admission of States lawfully
arising within the limits of the United States, whether from a
voluntary junction of government and territory or otherwise, with the
consent of a number of voices in the national legislature less than
the whole."[282] This resolution remained the same in phraseology and
in purpose through all the stages to which the several propositions
that formed the outline of the new government were subjected, down to
the time when they were sent to the committee of detail for the
purpose of having the Constitution drawn out. Looking to the manifest
want of power in the Confederation to admit new States into the
Union; to the probability that Vermont, Kentucky, Tennessee (then
called Franklin), and Maine,--none of which were embraced in any
cessions that had then been made to the United States,--might become
separate States; and to the prospective legislation of the Ordinance
of 1787 concerning the admission of States that were to be formed in
the territory northwest of the Ohio, which had been ceded to the
Union;--it seems quite certain that the purpose of the resolution was
to supply a power to admit new States, whether formed from the
territory of one of the existing States, or from territory that had
become the exclusive property of the United States. The resolution
contained, however, no positive restriction, which would require the
assent of any existing State to the separation of a part of its
territory; but as the States to be admitted were to be those "lawfully
arising," it is apparent that the original intention was that no
present State should be dismembered without its consent. But in order
to make this the more certain, the committee of detail, in the article
in which they carried out the resolution, gave effect to its
provisions in these words:--"New States lawfully constituted or
established within the limits of the United States may be admitted, by
the legislature, into this government; but to such admission the
consent of two thirds of the members present in each house shall be
necessary. If a new State shall arise within the limits of any of the
present States, the consent of the legislatures of such States shall
be also necessary to its admission. If the admission be consented to,
the new States shall be admitted on the same terms with the original
States. But the legislature may make conditions with the new States
concerning the public debt which shall be then subsisting."[283]
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History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers — John Shaqi
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