erritorial Governments, and the clause limiting the foreign slave
trade to States then existing, which might not prohibit it, show that
they regarded this Territory as provided with a Government, and
organized permanently with a restriction on the subject of slavery.
Justice Chase, in the opinion already cited, says of the Government
before, and it is in some measure true during the Confederation, that
"the powers of Congress originated from necessity, and arose out of
and were only limited by events, or, in other words, they were
revolutionary in their very nature. Their extent depended upon the
exigencies and necessities of public affairs;" and there is only one
rule of construction, in regard to the acts done, which will fully
support them, viz: that the powers actually exercised were rightfully
exercised, wherever they were supported by the implied sanction of the
State Legislatures, and by the ratifications of the people.

The clauses in the 3d section of the 4th article of the Constitution,
relative to the admission of new States, and the disposal and
regulation of the territory of the United States, were adopted without
debate in the Convention.

There was a warm discussion on the clauses that relate to the
subdivision of the States, and the reservation of the claims of the
United States and each of the States from any prejudice. The Maryland
members revived the controversy in regard to the Crown lands of the
Southwest. There was nothing to indicate any reference to a government
of Territories not included within the limits of the Union; and the
whole discussion demonstrates that the Convention was consciously
dealing with a Territory whose condition, as to government, had been
arranged by a fundamental and unalterable compact.

An examination of this clause of the Constitution, by the light of the
circumstances in which the Convention was placed, will aid us to
determine its significance. The first clause is, "that new States may
be admitted by the Congress to this Union." The condition of
Kentucky, Vermont, Rhode Island, and the new States to be formed in
the Northwest, suggested this, as a necessary addition to the powers
of Congress. The next clause, providing for the subdivision of States,
and the parties to consent to such an alteration, was required, by the
plans on foot, for changes in Massachusetts, New York, Pennsylvania,
North Carolina, and Georgia. The clause which enables Congress to
dispose of an