dissolved, even by particles at a
time, in hopes of their attaching themselves again to Great Britain.
7. The 11th article of Confederation admits Canada to accede to the
Confederation, at its own will, but adds, 'no other colony shall
be admitted to the same, unless such admission be agreed to by nine
States.' When the plan of April, 1784, for establishing new States, was
on the carpet, the committee who framed the report of that plan, had
inserted this clause, 'provided nine States agree to such admission,
according to the reservation of the 11th of the articles of
Confederation.' It was objected, 1. That the words of the Confederation,
'no other colony,' could refer only to the residuary possessions of
Great Britain, as the two Floridas, Nova Scotia, &c. not being already
parts of the Union; that the law for 'admitting' a new member into the
Union, could not be applied to a territory which was already in the
Union, as making part of a State which was a member of it. 2. That
it would be improper to allow 'nine' States to receive a new member,
because the same reasons which rendered that number proper now, would
render a greater one proper, when the number composing the Union should
be increased. They therefore struck out this paragraph, and inserted
a proviso, that, 'the consent of so many States, in Congress, shall be
first obtained, as may, at the time, be competent;' thus leaving the
question, whether the 11th article applies to the admission of new
States, to be decided when that admission shall be asked. See the
Journal of Congress of April 20, 1784. Another doubt was started in this
debate; viz. whether the agreement of the nine Stales, required by
the Confederation, was to be made by their legislatures, or by their
delegates in Congress. The expression adopted, viz. 'so many States, in
Congress, is first obtained,' show what was their sense of this matter.
If it be agreed, that the 11th article of the Confederation is not to be
applied to the admission of these new States, then it is contended
that their admission comes within the 13th article, which forbids 'any
alteration, unless agreed to in a Congress of the United States,
and afterwards confirmed by the legislatures of every State.' The
independence of the new States of Kentucky and Franklin, will soon bring
on the ultimate decision of all these questions.
8. Particular instances, whereby the General Assembly of Virginia have
shown, that they considered
|