Constitutional history -- United States -- Sources; Constitutional law -- United States
security of the entire Union may depend, to be in any degree dependent
on a particular member of it. All objections and scruples are here also
obviated, by requiring the concurrence of the States concerned, in
every such establishment. 3. “To declare the punishment of treason, but
no attainder of treason shall work corruption of blood, or forfeiture,
except during the life of the person attained. “As treason may be
committed against the United States, the authority of the United States
ought to be enabled to punish it. But as new-fangled and artificial
treasons have been the great engines by which violent factions, the
natural offspring of free government, have usually wreaked their
alternate malignity on each other, the convention have, with great
judgment, opposed a barrier to this peculiar danger, by inserting a
constitutional definition of the crime, fixing the proof necessary for
conviction of it, and restraining the Congress, even in punishing it,
from extending the consequences of guilt beyond the person of its
author. 4. “To admit new States into the Union; but no new State shall
be formed or erected within the jurisdiction of any other State; nor
any State be formed by the junction of two or more States, or parts of
States, without the consent of the legislatures of the States
concerned, as well as of the Congress. “In the articles of
Confederation, no provision is found on this important subject. Canada
was to be admitted of right, on her joining in the measures of the
United States; and the other COLONIES, by which were evidently meant
the other British colonies, at the discretion of nine States. The
eventual establishment of NEW STATES seems to have been overlooked by
the compilers of that instrument. We have seen the inconvenience of
this omission, and the assumption of power into which Congress have
been led by it. With great propriety, therefore, has the new system
supplied the defect. The general precaution, that no new States shall
be formed, without the concurrence of the federal authority, and that
of the States concerned, is consonant to the principles which ought to
govern such transactions. The particular precaution against the
erection of new States, by the partition of a State without its
consent, quiets the jealousy of the larger States; as that of the
smaller is quieted by a like precaution, against a junction of States
without their consent. 5. “To dispose of and make all needful rules and
regulations respecting the territory or other property belonging to the
United States, with a proviso, that nothing in the Constitution shall
be so construed as to prejudice any claims of the United States, or of
any particular State. “This is a power of very great importance, and
required by considerations similar to those which show the propriety of
the former. The proviso annexed is proper in itself, and was probably
rendered absolutely necessary by jealousies and questions concerning
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account