Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-04-24

with the objects 20 be attained, and thus a.
voiding the alternative Of failure TO execute
the trust assumed by the acceptance Of the
ccssions made and expected, or its execution
by usurpaton, could scarcely fail 90 be per-
ccvcd That it was in fact received is clearly
shown by The Federaiisi, No. 3s,) whore this
very argument is made use Of in commenda-
ton of the Constitution.
Keeping these facts in view, it may be con
fdently asserted that there is avery strong
reason to believe, before we examine the Con-
stitution itself that the necessity for a COM
potent grant of power to hold. dispose of and
govern territory ceded and expected to be
ceded, could not have escaped the attention
of those who formed or adopted the Consti-
tution and that if it did not escape their
attention, it could not fail TO be adequately
provided for
ANY other conclusion would involve the
assumption that subject Of the grovost ma
tional concern, respecting which the small
States felt so much jealousy. that = lad been
almost an insurmOuntable obstacle 10 the for
nation Of the Confederation. and as TO which
all the States had deep pecuniary and polite
cal interests, and which have been so recently
and constantly agitated. was nevertheless
overlooked or that such q subject was not
overlooked. but designedly left unprovided
9, ',5 ~ ' 'ii''','lIs.'! 711 w.. ", so'
the General Government and adequate pro-
vision for which could not fail to be deemed
necessary and proper
i VI ne" "'''e,' ~ o1 i,',',u J,
ou' ". '''9 carry ",'' VI wy
''''1ii'Ion VI 'lo '', on''o1 mons ''0
\, iitI'"'o'u py VII '''Pt y"
|I ',u -',H "' qua! WA, WAS one On '.'i' SuoIco'
Nes' No Nv hiilot' lz0'l Wnlcn, ha'lhB
p1iA auiiil'A ih committee OF tue w nole on
the 9TH of june, , Elliot. l56,l and reported
to the Convention ON the 18Th June IS Elliot
too .... ..c.--l o.. .t C......;4.. rp41
i'v'l was i'lttieu lp lAt committee oi bitilt
To- prepare the Constitution on the 10th OF July,
u 2 't7it, o-c sri ..
~ A,"y' ''"'J nl7 c'll li''V1e l"p'I'au d"
artleie l'f tl9 aIni'slon OF new states law
f,lf, constituted ,r established No+bfp.-
was smd concerning the power OF congress
to prepare or form such states. This omis-
slon struck Mr' Madison who on the SIN oi
August . Euot' l5J') moved Tor the mser-
uon oI power 70 dispose OF the onappropu-
ated lands OF the United States and To insti-
tute temporary goFernments for new States
arising therein
On tAe 29tH oi August. D Euot' 492') the
report Oh tAa Comn'ttee was taken np' ami
a.ter DEBATE whlch eNnlbited great diversity
OF views concerning the proper mode OF pro-
NdlnS Tor the SUBJECT arising out OF the sup
pressed diversity OF interests OF tne large ana
smtii states. anu between those Whlcn had
ana those whlch mad not unsettled territory
nut no ln9renc9 oi opinion respecting the
Propnety and necessity OF some adequate pro-
VISION ior the subject. Governor Morris nov
ca the clause as 1t stands IN the Constitution
ms met with general approbauon' and was
o0 onie oaop'sa- Inc section Is as iolioWs
NeF s.ies may ee li9'tisd By c1pgre. int2 tas
in ae u.icti5n Of ,nr oibsr STATE nsr ann STATE he
formed by ,hc junction ui two or more STATE hs parrof
s,lt. ,,,tr,o ',s ~. ,o, q. og f,s-,. '' ''
.rhe consres. shan have power to dispose Of anil
mas s- ns'l.a rue. @a1 reil.l,!,ns ,aI2 l
sr,te., and no,hins In his Constitution ,hi Be So c,a
trlei Is 20 prejudice any claims Of he United States on
,
'N'' "'' ''.n0 P'",l ~ 'ns '''''r
, ~ i'''''5 5o'oiliH 'nts over 'Ae l5Ir'Ioly
~, ,'l'e'7 "'l "5'ee' "n1 oe a'In'''eu In0u
'..o i.1'sai1y y, son' power 10 govern 'ne tii,
l''''y o' 'l, On'''o states could ho' ana ana
l''I o5''pe 'ue al',ulIoh OF tne convention
an" 'He p1'?''' ana .naO 'he Necessity Is SO
5.eI. .at'' IN 'n' 'osogco Oh any express
al1 II - s''on5 enough 20 f"lse on liPli-
o1''9n ol 'no e4,s'ehCe OF that power 1t
W'ulu seem 70 iouoW 'nae II Is also strong O.
nouSn 70 aH'Iu u,o'oIiai aiu IN oohs'rulns
an express ,an. .. power P'cans 'la' YER
il''rl an" '''' 'noI VINO maineNn lle exist
e,'op i, ol 'le p'WsI' "i'hout Inalhs ahy words
~ N.i ~ ii'.' ~ - o'H'9{eu, Sno"'u ou WI
lug W rcceiro " IeAsonaole interpretation OF
unSuSSe Oh 'no constitution mamlestiy M
'ei'''su 70 Ie'"'o 70 'le territory anu 10 con
Fe{ 10 congress some autnorlty cohceruns H.
4. "oulu seem atso that when we ma the
S"9iec, matter oI tne growth ana formation
anu eu,ilSslon ol nc" states ana the dlsPo-
soi oi 'ho territory lor tnese ends were under
consideration ana that some provision there
!of was expressly made 1t Is mprooaoie that
II "outa oo' IN l's terms grossly inadequate
provision anu tnat an ihdisPehsaoly heces-
sary power 70 institute temporary govern
iaehts' anu 10 'eSls'a'e Tor the nhaotahts OF
tAe territory, was Pa'seu sionty oy' anu leit
10 pe ueuuceu rom tne necessary oil the case.
IN the argument al the bar great attention
mas mas Deen paio TO the meaning oi the word
territory,
otulhaVll!' "heh tne territory oi soVer-
elgn power Is spoken OF, II refers 10 the tract
oi country which Is under the political luris-
n