statesmen of that day will show how much this
controversy occupied their thoughts, and the dangers that were
apprehended from it. It was the disturbing element of the time, and
fears were entertained that it might dissolve the Confederation by which
the States were then united.

These fears and dangers were, however, at once removed, when the State
of Virginia, in 1784, voluntarily ceded to the United States the immense
tract of country lying northwest of the river Ohio, and which was within
the acknowledged limits of the State. The only object of the State, in
making this cession, was to put an end to the threatening and exciting
controversy, and to enable the Congress of that time to dispose of the
lands, and appropriate the proceeds as a common fund for the common
benefit of the States. It was not ceded because it was inconvenient to
the State to hold and govern it, nor from any expectation that it could
be better or more conveniently governed by the United States.

The example of Virginia was soon afterward followed by other States,
and, at the time of the adoption of the Constitution, all of the States
similarly situated, had ceded their unappropriated lands, except North
Carolina and Georgia. The main object for which the cessions were
desired and made, was on account of their money value, and to put an end
to a dangerous controversy, as to who was justly entitled to the
proceeds when the land should be sold. It is necessary to bring this
part of the history of these cessions thus distinctly into view, because
it will enable us the better to comprehend the phraseology of the
article in the Constitution, so often referred to in the argument.

Undoubtedly the powers of sovereignty and the eminent domain were ceded
with the land. This was essential, in order to make it effectual, and to
accomplish its objects. But it must be remembered that, at that time,
there was no Government of the United States in existence with
enumerated and limited powers; what was then called the United States,
were thirteen separate, sovereign, independent States, which had entered
into a league or confederation for their mutual protection and
advantage, and the Congress of the United States was composed of the
representatives of these separate sovereignties, meeting together, as
equals, to discuss and decide on certain measures which the States, by
the Articles of Confederation, had agreed to submit to their decision.
But this Confedera