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States, or parts of States, without the consent of the legislatures of the States concerned as well as of the Congress."

Upon this clause, James Madison, in the “Federalist,” makes the following remarks :—

"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 ninc 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 State 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."

The Constitution also declares that "the Congress shall have power to dispose of, and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State."

Under this clause, Congress exercises the power of creating territorial governments, which in process of time, by the increase of population and other concurrent causes, apply, on behalf of the people, for authority to form constitutions and state governments, with a view to admission into the Union, at a future period, and it is for the Congress of the United States in the exercise of their high constitutional powers, and under the solemn responsibilities imposed upon them as guardians of the rights and the welfare of the whole Union, to judge of the expediency and the time of admitting the people who may have become inhabitants of such territories, to all the peculiar and inestimable rights, privileges, and immunities of the

citizens of one of the United States of America. Mr. Madison remarks upon this point that,

"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 very proper in itself, and was probably rendered absolutely necessary by jealousies and questions concerning the western territory sufficiently known to the public."

But the Constitution requires that "The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive, (when the Legislature cannot be convened,) against domestic Violence." And, upon this clause, Mr. Madison has expressed in the "Federalist" the following wise and just sentiments:

"In a Confederacy founded on republican principles, and composed of republican members, the superintending government ought clearly to possess authority to defend the system against aristocratic or monarchical innovations. The more intimate the nature of such a Union may be, the greater interest have the members in the political institutions of each other; and the greater right to insist, that the forms of government under which the compact was entered into, should be substantially maintained. "But a right implies a remedy; and where else could the remedy be deposited, than where it is deposited by the Constitution? Governments of dissimilar principles and forms have been found less adapted to a federal coalition of any sort than those of a kindred nature. 'As the confederate republic of Germany,' says Montesquieu, 'consists of free cities and petty States, subject to different princes, experience shows us, that it is more imperfect than that of Holland and Switzerland.' 'Greece was undone,' he adds, as soon as the king of Macedon obtained a seat among the Amphictyons.' In the latter case, no doubt, the disproportionate force, as well as the monarchical form of the new confederate, had its share of influence on the events.

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"It may possibly be asked, what need there could be of such a precaution, and whether it may not become a pretext for alterations in the State governments, without the concurrence of the States themselves. These questions admit of ready answers. If the interposition of the General Government should not be needed, the provision for such an event will be a harmless superfluity only in the Constitution. But who can say what experiments may be produced by the caprice of particular

States, by the ambition of enterprising leaders, or by the intrigues and influence of foreign powers?

"To the second question it may be answered, that if the General Government should interpose by virtue of this Constitutional authority, it will be of course bound to pursue the authority. But the authority extends no farther than to a guarantee of a republican form of government, which supposes a pre-existing government of the form which is to be guarantied. As long therefore as the existing republican forms are continued by the States, they are guarantied by the Federal Constitution. Whenever the States may choose to substitute other republican forms, they have a right to do so, and to claim the Federal guarantee for the latter. The only restriction imposed on them is, that they shall not exchange republican for anti-republican constitutions; a restriction which, it is presumed, will hardly be considered as a grievance."

THE "NEW STATES,"

ADMITTED INTO THE UNION SINCE THE ADOPTION OF THE CONSTITUTION OF THE UNITED STATES, ARE AS FOLLOWS:

VERMONT,

Formed from part of the territory of New York, with the consent of its Legislature, by act of March 6, 1790. (Vide Journal Senate of the United States, Feb. 9, 1791, and appendix to Journal House of Representatives, vol. 1, p. 412.) Application of the Commissioners of Vermont to Congress for admission into the Union was received at Philadelphia, Feb. 9, 1791, a constitution having been formed Dec. 25, 1777. Vermont admitted by act of Congress approved Feb. 18, 1791, to take effect, 1. e., "shall be received and admitted,” on March 4, 1791. Entitled to two Representatives by act of Congress Feb. 25, 1791.

An act giving effect to laws of the United States in Vermont, after March 3, 1791, approved March 2, 1791.

A constitution adopted by Vermont, July 9, 1793.

KENTUCKY,

Formed from the territory of Virginia with the consent of its Legislature by act of Dec. 18, 1789. (Vide Journal Senate of the United States, Dec. 9, 1790, and Bioren & Duane's edition Laws of the United States, vol. 1, page 673; and message or speech of President to Congress, Dec. 8, 1790.) Application of the convention of Kentucky received, Dec. 9, 1790. (See Journal House of Representatives, vol. 1, p. 411, appendix.) (Its constitution not then formed.) Act of Congress for its reception and admission on June 1, 1792, approved on Feb. 4, 1791.

Entitled to two Representatives, by act of Congress Feb. 25, 1791.

(No act giving effect to laws of the United States in Kentucky.)

A copy of the constitution formed for the State of Kentucky laid before Congress by the President of the United States, on November 7, 1792. A new constitution was adopted on August 17, 1799.

TENNESSEE,

Formed of territory ceded to the United States, by the State of North Carolina, by act of December, 1789, conveyed to the United States by the Senators from North Carolina, Feb. 25, 1790, and accepted by act of Congress of April 2, 1790. An act for the government of the territory of the United States south of the river Ohio, was approved 26 May, 1790. See also act of 8 May, 1792. The people of that territory formed a convention, adopted a constitution on Feb. 6, 1796, and applied for admission, (vide Journal House of Representatives, April 8, and Senate Journal, April 11, 1796, and folio State Papers, "Miscellaneous," vol. 1, pp. 146—7, 150,) upon which "an act for the admission of the State of Tennessee into the Union was passed and approved, June 1, 1796, by which the laws of the United States were extended to that State, and it was allowed one Representative in Congress.

The said laws were again extended to the State of Tennessee by an act approved January 31, 1797, and by an act approved February 19, 1799. (This last act divided the State into Eastern and Western Districts.)

OHIO,

Formed out of a part of the territory north-west of the river Ohio, which was ceded to the United States by the General Assembly of Virginia, at their sessions begun October 20, 1783, and accepted by the Congress of the United States, March 1, 1784. The act of Virginia was modified by act of Assembly of December 30, 1788, consenting that the territory be divided into not more than five, nor less than three, States. An act to provide for the government of the territory north-west of the river Ohio, was approved on August 7, 1789. This territory was divided into two separate governments by act of Congress of May 7, 1800.

The census of the territory, and petitions from the people thereof, referred to committee of the House of Representatives. (See Journal, January 29, 1802. See report March 4, 1802, folio State Papers, "Miscellaneous," vol. 1, p. 325.) An act to enable the people of the eastern division of said territory to form a constitution and State government was passed and approved April 30, 1802, by which that State was allowed one Representative in Congress. A constitution was accordingly formed on November 1, 1802, and presented to Congress. (See Journal Senate, January 7, 1803.) The said people having, on November 29, 1802, complied with the act of Congress, of April 30, 1802, whereby the said State became one of the United States, an act was passed and approved on February 19, 1803, for the due execution of the laws of the United States, &c., within that State.

An act in addition to, and in modification of, the propositions contained in the act of April 30, 1802, was passed and approved on March 3d, 1803.

NORTH-WESTERN AND WESTERN TERRITORY.

OHIO being the first State formed out of the territory north-west of the river Ohio, and admitted into the Union, it is deemed proper to insert here the circumstances and facts which led to the cession of that tèrritory, and the principles agreed upon and established for the rule of its future government, which will apply equally to the other States formed out of this territory.

Preliminary to the "Ordinance for the government of the Territory of the United States north-west of the river Ohio, it may be proper to refer to the acts and proceedings which led to the cession of this and other territory to the United States by individual States; to the acts of cession themselves, and to other acts having a direct bearing upon this interesting subject.

The attention of the whole country appears to have been first drawn to the subject, in a forcible manner, by the decided stand taken by the State of Maryland, during the discussion in the Congress upon the objections of certain States to the articles of Confederation, in June, 1778. That State proposed, on the 22d June, 1778, and afterwards insisted, that the boundaries of each of the States, as claimed to extend to the river Mississippi, or South Sea, should be ascertained and restricted, and that the property in the soil of the western territories be held for the common benefit of all the States. From that time until 2d February, 1781, the State of Maryland refused to accede to the articles of Confederation, in consequence of having failed to obtain an amendment upon that point, against which course Virginia had remonstrated.

On the 25th November, 1778, the act of New Jersey for ratifying the articles of Confederation was presented, in which this and other difficulties were referred to; but their delegates were directed to sign those articles, "in the firm reliance that the candour and justice of the several States will, in due time, remove as far as possible the inequality which now subsists."

The delegate from Delaware having signed the articles of Confederation on the 22d February, 1779, presented on the 23d sundry

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