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 afterwards 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 these
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 lands 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 Confederation had none of the
attributes of sovereignty in legislative, executive, or judicial
power. It was little more than a congress of ambassadors, authorized
to represent separate nations, in matters in which they had a common
concern.
It was
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