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
could have been regarded as an alteration of the Articles of
Confederation, within the meaning and intention of the thirteenth
Article, seems scarcely probable. Such an admission would only have
increased the number of the parties to the Union, but it would of
itself have made no change in the Articles; and it was against
alterations _in the Articles_ that the provision of the thirteenth was
directed. The objections which Mr. Jefferson informs us were raised in
Congress to a deduction of the power from the eleventh Article, appear
to be decisive. In truth, when the Articles of Confederation were
framed, the subject of the admission of new States, so far as it had
been considered at all, was connected with the difficult and delicate
controversy respecting the western boundaries of some of the old
States, and the equitable claim of the Union to become the proprietor
of the unoccupied lands beyond those boundaries. An attempt was made
to obtain for Congress, in the Articles of Confederation, power to
ascertain and fix the western boundaries of those States, and to lay
out the lands beyond them into new States. But it failed (_ante_, Vol.
I. 291), and Congress could thereafter be said to possess no power to
admit new States, except what depended on a doubtful construction of
the Articles of Confederation.
Still, both when they invited the cessions of their territorial claims
by the States of Virginia, New York, &c., and after those cessions had
been made, Congress acted as if they had constitutional authority to
form new States, and to admit them into the Union. (_Ante_, Vol. I.
292-308.) When the Ordinance of 1787, for the regulation and
government of the Northwestern Territory, was adopted, the power to
admit new States was again assumed. The Convention for forming the
Constitution was, however, then sitting, and it may be that the
framers of the Ordinance introduced into that instrument the
stipulation that the new States should be admitted on an equal footing
with the old ones, in the confidence that the constitutional power
would be supplied by the Convention. At any rate, the provisions of
the Ordinance, as well as those of the previous resolves of Congress
on the same subject of the Northwestern Territory, and the position of
Kentucky, Vermont, Maine, and Tennessee (then called Franklin),
imposed upon the Convention an imperative necessity for some action
that would open the door of the Union to new members.
[45] _Ante_, Vol. I. Book III. Chap. III. pp. 260-275.
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