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

nection. that each Of these acts cedcs, in
terms. 20 the United States as well the iuris-
diction as the soil.
1t is equally important TO note that when
the Constitution was framed and adopted, this
plan of gesting in the United States, for the
common good, the great tracts Of ungrantcd
lands claimed by the several States, in which
so deep an interest was felt, was yet incom-
plote. IL remained for North Carolina and
Georgia to cede their extensive and valuable
claims. These were made by North Carolina
on the 25th day Of February. 1890. and by
Georgia on the twcnty-fourth day of April,
1902. The terms of these last mentioned
cossions will hereafter be noticed in another
connection. but ! observe here that each Of
them distinctly shows upon its face that they
were not only in execution of the general
plan proposed by the Congress Of the Confcd-
Grafton. but Of a formed purpose of each of
these States existing when the assent Of the
respective people was given to the Consttu-
ton Of the United States.
1t appears, then, that when the Federal
Constitution was framed and presented to the
people Of the several States for their con.id-
Grafton, the unsettled territory was viewed as
justly applicable to the common be19dt so
far as il then had, or might attain thereafter,
a pecuuiary value, and so far as it might be-
come the scat Of new States. 20 be admitted
into the Union upon an equal footing with the
original States. And also that relations Of
the United States 20 that unsettled territory
were Of various kinds. The titles Of the
States of New York. Virginia, Massachusetts,.
Connecticut and South Carolina. as well of
soil as Of jurisdiction had been transferred
70 the United States. North Carolina and
Georgia had not actually made transfers. but
confident expectation, founded ON the ap-
probation Of the justice of the general claim,
and fully justified by the result, was enter
tanned that these cessions would be made
The ordinance of 1897 had made provision
for the temporary government of SO much Of
the territory actually ceded as lay northwest
of the river Ohio.
But il must have been apparent, both to
the trainers Of the Constitution and the peo-
pie of the several States who wore to act upon
it, that the government thus provided for
could not continue unless the Constitution
should confer on the United States the neccs-
sary powers TO continue il. That temporary
government. under the ordinance. was To con-
sist Of certain officers, to be appointed by and
responsible to the Congress of the Confeder-
dtANA AltA NVNaI0 NtA Uttl toultllal anu
defined by the ordinance SO far as it pro-
vided for the temporary government of the
Territory. it was an ordinary act OF legisla-
ton, deriving its force from the legislative
power of Congress and depending for its Vi
tality upon the continuance Of that legislative
power But the officers to be appointed for
the Northwestern Territory, after the adop-
ton Of the Constitution, must necessarily be
officers of the United States, and not of the
Congress of the Confederation: appointed
and Commissioned by the President. and ex-
crcising powers derived from the United States
under the Constitution.
Such was the relation between the United
States and the Northwestern Territory, which
all rejecting men must have iorcsccn would
exist when the Government created by the
Constitution should supersedo that Of the
Confederation. That if the new Government
should be without power 20 govern this Ter
ritory, it could not appoint and commission
officers. and send them into tine Territory to
exercise their legislative. judicial and execu-
tive power; and that this Territory, which
was even then seen to be so important. both
politically and financially, to all the existing
States, must be left not only without the con-
troll of the General Government, in respect 20
its future political relations 70 the rest of the
States, but absolutely without any govern
mrnt, save what its inhabitants, acting in
their primary capacity. might from time to
time create for themselves.
But the Novth-westerly Territory was not
the only territory the soil and jurisdiction
whereof were then understood to have been
ceded to the United States. The cession Of
South Carolina, made in August, 1887, was
of "all the territory included within the river
Mississippi and line beginning at that part
of said river which is intersected by the south
crn boundary of North Carolina, and contin-
uing along the said boundary line until it in
tersects the ridge or chain Of mountains which
divides the eastern from the western waters /;
then to be continued along the top of the said
ridge of mountains until it intersccts line to
be drawn due west from the head of the south
ern branch Of the Tugaloo river to the said
mountains. and thence to run due west
course TO the river Mississippi
1t is true that BY subsequent explorations
it was ascertained that the source of the ru-
galoo river, upon which the title of South
Carolina depended, was so far TO the north
ward that the transfer conveyed only mar
row slip of land about twelve miles wide ly-
ing on the top of the ridge of mountains, and
extending from the northern boundary OF
Georgia to the southern boundary of North
Carolina. But this was a discovery made
long after the cession, and there can be no
doubt that the State of South Carolina, in
making the cession. and the Congress in ac-
ceptng It. viewed it as a tiasicr to the United
States of the soil and jurisdiction of m ex-
tensive and important part Of the unsettled
territory coded by the Crown of Great Brit
ain by the treaty Of peace, though its quanti-
ty or extent then remained to be ascertained.
1t must be remembered also, as has been
already stated that not only was there a CON
fident expectation entertained by the other
States that North Carolina and Georgia would
complete the plan already SO far executed by
New York, Virginia, Massachusetts, Connec-
ticut and South Carolina, but that the opinion
was in no small degree prevalent that the just
title to this "back country as it was termed,
was vested in the United States by the treaty
of peace, and could not rightiully be claimed
by any individual State.
There is another consideration applicable
to this part of the subject, and entitled, in
my opinion, to great weight.
The Congress of the Confederation had as
sumed tho power not only to dispose Of the
lands ceded, but to institute governments and
Il. l.. Al l..