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Show LAND ORDINANCE OF 1785 73 fined."34 The ordinance aroused some apprehension since its passage was understood to be beyond the legitimate powers of the Confederation.35 Constitutional Provision for New States The problems posed by the existence of the western lands, the formation of new states, and the questionable legality of acts of the Congress of the Confederation concerning the public lands were of utmost importance to many of the delegates of the Constitutional Convention. A partial solution was offered early by Edmund Randolph of Virginia on May 29, 1787, 4 days after the delegates had convened.36 A resolution made on his suggestion proposed that "provision ought to be made for the admission of States lawfully arising within the limits of the United States, whether from a voluntary junction of government and territory or otherwise, with the consent of a number of voices in the national legislature less than the whole."37 On June 5, 1787, this resolution was passed in the Committee of the Whole.38 On June 13, it was reported to the Convention, and was referred to the Committee of Detail (which had been appointed to prepare the first draft of the Constitution) on July 26. The Committee reported an article for the admission of new states which provided for the admission into the Union of "lawfully constituted or established" new states, with the approval of two-thirds of the members of both Houses of Congress. States arising within the limits of existing states required the approval of the 34 Letters of Richard Henry Lee of July 15, 1787 to Washington and of Washington to Lee of July 19, 1787, Burnett, Letters, VIII, 620 and Fitzpatrick, The Writings of George Washington, XXIX, 249. 35 H. A. Washington, The Writings of Thomas Jefferson (9 vols., Philadelphia, 1869-71),' IX, 251, 276. 36 Max Farrand, The Records of the Federal Convention (3 vols., New Haven, 1911), I, 16. 37 Ibid., I, 117. 38 Ibid., I, 237. legislatures of those states. New states would be admitted on the same terms as the Original States, but the legislature of the state out of which a new state was to be carved "may make Conditions with the new States concerning the public Debt, which shall be then subsisting."39 This draft contained the essential features of Article IV, Section 3, clause 1 of the Federal Constitution as it was finally approved. It is noteworthy that in the preliminary draft of the Federal Constitution nothing was said concerning the power of Congress to prepare or form states whose admission was thus being provided for. This omission struck James Madison who, on August 18, submitted for referral to the Committee of Detail several "powers as proper to be added to those of the General Legislature." The first of these additional powers would be "To dispose of the unappropriated lands of the U. States," the second being "To institute temporary Governments for New States arising therein."40 Madison's proposals rested with the Committee of Detail as the Convention debated, then resolved, other provisions of the constitution throughout the hot days of August. On August 29, Article XVII of the draft constitution (the present Article IV, Section 3) was taken up. One provision, also in the Articles of Confederation, empowered the Senate to adjust and decide "all controversies concerning lands claimed under different grants of two or more States . . ."41 After much argument it was eliminated. Gouv-erneur Morris of Pennsylvania moved to strike out the last two sentences of the draft article, to wit: "If the admission be consented to, the new States shall be admitted on the same terms with the original States-But the Legislature may make conditions with the new States, concerning the public debt, which shall be then subsisting." He added that he 39 Ibid., II, 173. wlbid., II, 324. 41 Ibid., II, 171-72. |
