The Federalist : on the new constitution / written in the year 1788, by Mr. Hamilton, Mr. Madison and Mr. Jay: with an appendix, containing the letters of Pacificus and Helvidius, on the Proclamation of neutrality of 1793; also, the original Articles of confederation, and the Constitution of the United States, with the amendments made thereto.

Date:: 1826

Credit: The Federalist : on the new constitution / written in the year 1788, by Mr. Hamilton, Mr. Madison and Mr. Jay: with an appendix, containing the letters of Pacificus and Helvidius, on the Proclamation of neutrality of 1793; also, the original Articles of confederation, and the Constitution of the United States, with the amendments made thereto. Source: Wellcome Collection.

Provider: This material has been provided by the Harvey Cushing/John Hay Whitney Medical Library at Yale University, through the Medical Heritage Library. The original may be consulted at the Harvey Cushing/John Hay Whitney Medical Library at Yale University.

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heretofore had serious and animated discussions concerning the right to the lands which were ungranted at the timj of the revolution, and which usually went under the name of crown lands. The states, within the limits of whose col mial govern- ments they were comprised, have claimed them as their prop- erty ; the others have contended that the rights of the crown in this article devolved upon the union; especially as to all that part of the western territory w ch, eithf^r by actual pos- session, or through the submission of the Indian proprietors, was subject to the jurisdiction of the king of Great Britain, till it was relinquished by the treaty of peace. This, it has been said, was at all events an acquisition to the confederacy by compact with a foreign power. It has been the prudent policy of congress to appease this controve sy, by prevailing upon the states to make cessions to the United States for the benefit of the whole. This has been so far accomplished, as under a continuation of the union, to afford a decided prospect of an amicable termination of the dispute. A dismember- ment of the confederacy, however, would revive this dispute, and would create others on the same subject. At present, a large part of the vacant western territory is by cession, at least, if not by any anterior right, the common property of the union. If that were at an end, the states which have made cessions, on a principle of federal compromise, would be apt, when the motive of the grant had ceased, to reclaim the lands as a reversion. The other states would no doubt insist on a pro- portion, by right of representation. Their argument would be, that a grant once made, could not be revoked ; and that the justice of their participating in territory acquired or se- cured, by the joint efforts of the confederacy, remained undi- minished. If, contrary to probability, it should be admitted by all the states, that each had a right to a share of this com- mon stock, there would still be a difficulty to be surmounted, as to a proper rule of apportionment. Different principles would be set up by different states for this purpose; and as they would affect the opposite interests of the parties, they might not easily be susceptible of a pacific adjiStment. In the wide field of western territory, therefore, we perceive an ample theatre ?or i ostile pretensions, w ]V'Vi any umpire or common judge to interpose between the contending parties.

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