The Peril of the Republic of the United States of America - Percy T. Magan

y Congress to acquire territory and establish a
government there, according to its own unlimited
discretion, was viewed with great jealousy by the
leading statesmen of the day. And in the Federalist
(No. 38), written by Mr. Madison, he speaks of the
acquisition of the Northwestern Territory by the
Confederated States, by the cession from Virginia,
and the establishment of a government there, as an
exercise of power not warranted by the articles of
confederation, and dangerous to the liberties of the
people. And he urges the adoption of the
Constitution as a security and safeguard against
such an exercise of power.
“We do not mean, however, to question the
power of Congress in this respect. The power to
expand the territory of the United States by the
admission of new States is plainly given; and in the
construction of this power by all the departments of
the government, it has been held to authorize the
acquisition of territory not fit for admission at the
time, but to be admitted as soon as its population
and situation would entitle it to admission. It is
acquired to become a State, and not to be held as a
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