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 purpose of this provision, as it existed at the time in the minds
of the framers of the Constitution, must be gathered from the whole
course of their proceedings with respect to it, and from the
surrounding facts, which exhibit what was then, and what was
afterwards likely to become, the situation of the United States in
reference to the acquisition of territory and the admission of new
States. There were, then, at the time when this provision was made,
four classes of cases in the contemplation of the Convention. The
first consisted of the Northwestern Territory, in which the title to
the soil and the political jurisdiction were already vested in the
United States. The second embraced the case of Vermont, which was then
exercising an independent jurisdiction adversely to the State of New
York, and the case of Kentucky, then a district under the jurisdiction
of Virginia; in both of which the United States neither claimed nor
sought to acquire either the title to the vacant lands or the rights
of political sovereignty, but which would both require to be received
as new and separate States, the former without the consent of New
York, the latter with the consent of Virginia. The third class
comprehended the cessions which the United States in Congress were
then endeavoring to obtain from the States of North Carolina, South
Carolina, and Georgia, and in which were afterwards established the
States of Tennessee, Mississippi, and Alabama.[293] These cessions, as
it then appeared, might or might not all be made. If made, the title
of the United States to the unoccupied lands would be complete,
resting both upon the cessions and upon the treaty of peace with
England; and the political jurisdiction over the existing settlements,
as well as over the whole territory, would be transferred with the
cessions, subject to any conditions which the ceding States might
annex to their grants. If the cessions should not be made, the claims
of the United States to the unoccupied lands would stand upon the
treaty of peace, and would require to be saved by some clause in the
Constitution which should signify that they were not surrendered;
while the claims of the respective States would require to be
protected in like manner.
Public-domain text, read in full here on John Shaqi.
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