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ison submitted to the Convention, in order to be
referred to the committee of detail, the following powers, as proper
to be added to those of general legislation:
"To dispose of the unappropriated lands of the United States. To
institute temporary Governments for new States arising therein. To
regulate affairs with the Indians, as well within as without the
limits of the United States."
Other propositions were made in reference to the same subjects, which
it would be tedious to enumerate. Mr. Gouverneur Morris proposed the
following:
"The Legislature shall have power to dispose of and make all needful
rules and regulations respecting the territory or other property
belonging to the United States; and nothing in this Constitution
contained shall be so construed as to prejudice any claims either of
the United States or of any particular State."
This was adopted as a part of the Constitution, with two verbal
alterations--Congress was substituted for Legislature, and the word
_either_ was stricken out.
In the organization of the new Government, but little revenue for a
series of years was expected from commerce. The public lands were
considered as the principal resource of the country for the payment of
the Revolutionary debt. Direct taxation was the means relied on to pay
the current expenses of the Government. The short period that occurred
between the cession of western lands to the Federal Government by
Virginia and other States, and the adoption of the Constitution, was
sufficient to show the necessity of a proper land system and a
temporary Government. This was clearly seen by propositions and
remarks in the Federal Convention, some of which are above cited, by
the passage of the Ordinance of 1787, and the adoption of that
instrument by Congress, under the Constitution, which gave to it
validity.
It will be recollected that the deed of cession of western territory
was made to the United States by Virginia in 1784, and that it
required the territory ceded to be laid out into States, that the land
should be disposed of for the common benefit of the States, and that
all right, title, and claim, as well of soil as of jurisdiction, were
ceded; and this was the form of cession from other States.
On the 13th of July, the Ordinance of 1787 was passed, "for the
government of the United States territory northwest of the river
Ohio," with but one dissenting vote. This instrument provided there
should be organize
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