constitutionality of the purchase, that he
advised an amendment of the Constitution, but no such amendment was
attempted, and the purchase was finally made and acquiesced in, upon the
principle that the end justified the means. It seems now, however, to be
generally conceded that the power of the Federal government to acquire
territory, exists by implications either in the treaty making power or
in the power to admit new States. In view of the only legitimate end
and purpose of all such acquisitions, it is natural to look upon the
power of acquiring as an incident of the power to admit new States.

The right or claim of some of the States, viz: New York, Virginia,
Massachusetts, Connecticut, North Carolina, South Carolina and Georgia
to a vast extent of waste and unoccupied territory, as embraced in their
original charters or territorial limits, was a subject of serious
concern in the Congress of the Confederation, and constituted for some
time the only obstacle to the ratification of the Articles of
Confederation. Delaware, Maryland and New Jersey, which had no such
territory, were especially jealous on this subject, the two former
peremptorily insisting upon the restriction of the boundaries of such of
the States as claimed to extend to the Mississippi River or South Sea,
to moderate limits, and that the property in the soil of the western
territories should be held by the Federal government for the common
benefit of all the States, as the same, to use the language of Delaware,
"_had been gained by the blood and treasure of all_."

To remove this subject of contention, New York was the first to tender
on 7th March, 1780, a surrender of her claim in western territory. On
6th Sept., 1780, the Congress, by resolution, recommended to the States
concerned "a liberal surrender of a portion of their territorial claims,
since they cannot be preserved entire without endangering the stability
of the general confederacy." On 10th October, 1780, the Congress, by
resolution, defined the condition upon which the cession of territory
was asked, declaring that "such territory shall be disposed of for the
common benefit of the United States, and be settled and formed into
distinct republican States, which shall become members of the Federal
Union, and have the same rights of sovereignty, freedom and independence
as the other States."

Governed by that noble patriotism and devotion to the good of the Union,
which marked the whole cou