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
These, together with a provision that the authority of the old
Congress should be continued to a given day after the changes should
have been adopted, and that their engagements should be completed by
the new government, were the great features of the system prepared by
the committee of the whole, and reported to the Convention, on the
thirteenth of June.[50]
FOOTNOTES:
[43] _Ante_, Vol. I. Book III. Chap. V.
[44] Mr. Jefferson has very lucidly stated the position of the
question in some observations furnished by him, when in Paris, to one
of the editors of the _Encyclopédie Méthodique_, in 1786 or 1787,
which I here insert entire. "The eleventh Article of Confederation
admits Canada to accede to the Confederation at its own will, but
adds, 'no other Colony shall be admitted to the same unless such
admission be agreed to by nine States.' When the plan of April, 1784,
for establishing new States, was on the carpet, the committee who
framed the report of that plan had inserted this clause: 'Provided
nine States agree to such admission, according to the reservation of
the eleventh of the Articles of Confederation.' It was objected,--1.
That the words of the Confederation, 'no other Colony,' could refer
only to the residuary possessions of Great Britain, as the two
Floridas, Nova Scotia, &c., not being already parts of the Union; that
the law for 'admitting' a new member into the Union could not be
applied to a territory which was already in the Union, as making part
of a State which was a member of it. 2. That it would be improper to
allow 'nine' States to receive a new member, because the same reasons
which rendered that number proper now would render a greater one
proper when the number composing the Union should be increased. They
therefore struck out this paragraph, and inserted a proviso, that 'the
consent of so many States in Congress shall be first obtained as may
at the time be competent'; thus leaving the question whether the
eleventh Article applies to the admission of new States to be decided
when that admission shall be asked. See the Journal of Congress of
April 20, 1784. Another doubt was started in this debate, viz. whether
the agreement of the nine States required by the Confederation was to
be made by their legislatures, or by their delegates in Congress? The
expression adopted, viz. 'so many States in Congress is first
obtained,' shows what was their sense of this matter. If it be agreed
that the eleventh Article of the Confederation is not to be applied to
the admission of these new States, then it is contended that their
admission comes within the thirteenth Article, which forbids 'any
alteration unless agreed to in a Congress of the United States, and
afterwards confirmed by the legislatures of every State.' The
independence of the new States of Kentucky and Franklin will soon
bring on the ultimate decision of all these questions." (Jefferson's
Works, IX. 251.) That the admission of a new State into the Union
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