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 reader will now be prepared to understand the following
explanation of the third section of the fourth article of the
Constitution. First, with reference to the Northwestern Territory, the
soil and jurisdiction of which was already completely vested in the
United States, it was necessary that the Constitution should confer
upon Congress power to exercise the political jurisdiction of the
United States, power to dispose of the soil, and power to admit new
States that might be formed there into the Union. Secondly, with
reference to such cases as that of Vermont, it was necessary that
there should be a power to admit new States into the Union without
requiring the assent of any other State, when such new States were not
formed within the actual jurisdiction of any other State. Thirdly,
with reference to such cases as that of Kentucky, which would be
formed within the actual jurisdiction of another State, it was
necessary that the power to admit should be qualified by the condition
of the consent of that State. Fourthly, with reference to such
cessions as were expected to be made by North Carolina, South
Carolina, and Georgia, it was necessary to provide the power of
political government, the power to admit into the Union, and the power
to dispose of the soil, if the cessions should be made; and at the
same time to save the claims of the United States and of the
respective States as they then stood, if the cessions anticipated
should not be made. None of these cases, however, were specifically
mentioned in the Constitution, but general provisions were made, which
were adapted to meet the several aspects of these cases. From the
generality of these provisions, it is held by some that the clause
which relates to "the territory or other property of the United
States," was intended to be applied to all cessions of territory that
might ever be made to the United States, as well as to those which had
been made, or which were then specially anticipated; while others give
to the clause a much narrower application.[294]
There now remain to be considered the restraints imposed upon the
exercise of the powers of Congress, both within the States and in all
other places; both where the authority of the United States is limited
to certain special objects, and where it is unlimited and universal,
excepting so far as it is narrowed by these constitutional restraints.
Some of them I have already described, in tracing the manner in which
they were introduced into the Constitution. We have seen how far the
commercial and revenue powers became limited in respect to the
slave-trade, to taxes on exports, to preferences between the ports of
different States, and to the levying of capitation or other direct
taxes. These restrictions were applicable to these special powers. But
others were introduced, which apply to the exercise of all the powers
of Congress, and are in the nature of limitations upon its general
authority as a government.
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