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 first alteration made in the article reported by the committee was
to strike out the clause which declared that the new States should be
admitted on an equal footing with the old ones. The reason assigned
for this change was, that the legislature ought not to be tied down to
such an admission, as it might throw the balance of power into the
Western States.[286] The next modification was to strike out the
clause which required a vote of two thirds of the members present for
the admission of a State.[287] This left the proposed article a mere
grant of power to admit new States, requiring the consent of the
legislature of any State that might be dismembered, as well as the
consent of Congress. An earnest effort was then made, by some of the
members from the smaller States, to remove this restriction, upon the
ground that the United States, by the treaty of peace with England,
had become the proprietor of the crown lands which were situated
within the limits claimed by some of the States that would be likely
to be divided; and it was urged, that to require the consent of
Virginia, North Carolina, and Georgia to the separation of their
Western settlements, might give those States an improper control over
the title of the United States to the vacant lands lying within the
jurisdiction claimed by those States, and would enable them to retain
the jurisdiction unjustly, against the wish of the settlers. But a
large majority of the States refused to concede a power to dismember a
State, without its consent, by taking away even its claims to
jurisdiction. It was considered by them, that as to municipal
jurisdiction over settlements already made within limits claimed by
Virginia, North Carolina, and Georgia, the Constitution ought not to
interfere, without the joint consent of the settlers and the State
exercising such jurisdiction; that if the title to lands unoccupied at
the treaty of peace, lying within the originally chartered limits of
any of the States, was in dispute between them and the United States,
that controversy would be within the reach of the judicial power, as
one between a State and the United States, or it might be terminated
by a voluntary cession of the State claim to the Union.[288]
The next step taken in the settlement of this subject was to provide
for the case of Vermont, which was then in the exercise of an
independent sovereignty, although it was within the asserted limits of
New York. It was thought proper, in this particular case, not to make
the State of Vermont, already formed, dependent for her admission
into the Union on the consent of New York. For this reason, the words
"hereafter formed" were inserted in the article under consideration,
and the word "jurisdiction" was substituted for "limits."[289] Thus
modified, the article stood as follows:--
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