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RESISTING THE PRETENSIONS OF VIRGINIA. 471
sums arising from such sales, would be enabled to lessen her taxes. Lands comparatively
cheap, and taxes comparatively low, with the lands and taxes of the adjacent State,
would quickly drain the State thus disadvantageous^ circumstanced of its most useful
inhabitants; its wealth and its consequence in the scale of the Confederated States would
sink of course. A claim so injurious to more than one-half, if not to the whole of the
United States, ought to be supported by the clearest evidence of the right; yet what evidence of that right has been produced ? What arguments alleged in support, either of
the evidence or the right ? None that we have heard of deserving a serious refutation.
" It has been said that some of the delegates of a neighboring State have declared their
opinion of the impracticability of governing the extensive domain claimed by that State;
hence, also, the necessity was admitted of dividing its territory and erecting a new State,
under the auspices and direction of the elder, from whom, no doubt, it would receive its
form of government, to whom it would be bound by some alliance or confederacy, and
by whose councils it would be influenced ; such a measure, if ever attempted, would certainly be opposed by the other States, as inconsistent with the letter and spirit of the proposed confederation. Should it take place, by establishing a sub- confederacy, imperium in
imperio, the State possessed of this extensive dominion must then either submit to all the
inconveniences of an overgrown and unwieldy government, or suffer the authority of
Congress to interpose at a future time, and to lop off a part of its territory, to be erected
into a new and free State, and admitted into the confederation on such conditions as shall
be settled by nine States. If it is necessary for the happiness and tranquillity of a State
thus overgrown, that Congress should hereafter interfere and divide its territory; why is
the claim to that territory now made and so pertinaciously insisted on ? We can suggest
to ourselves but two motives; either the declaration of relinquishing, at some future
period, a portion of the country now contended for, was made to lull suspicion asleep, and
to cover the designs of a secret ambition, or, if the thought was seriously entertained, the
lands are now claimed to reap an immediate profit from the sale. We are convinced,
policy and justice require that a country unsettled at the commencement of this war,
claimed by the British crown, and ceded to it by the treaty of Paris, if wrested from the common enemy by the blood and treasure of the thirteen States, should be considered as a
common property, subject to be parcelled out by Congress into free, convenient and independent governments, in such manner and at such times as the wisdom of that assembly
shall hereafter direct.
" Thus convinced, we should betray the trust reposed in us by our constituents were
we to authorize you to ratify on their behalf the Confederation, unless it be further
explained. We have coolly and dispassionately considered the subject; we have weighed
probable inconveniences and hardships against the sacrifice of just and essential rights;
and do instruct you not to agree to the Confederation unless an article or articles be added
thereto in conformity with our declaration. Should we succeed in obtaining such article
or articles, then you are hereby fully empowered to accede to the Confederacy." 1
Thus, Maryland refused to sign the Articles of Confederation unless they
should contain some provision for settling the question as to the western
domain. She resisted the claims of particular States as an extravagant
pretense of right, inconsistent with reason and repugnant to justice; she
contended that what was rescued from the common enemy, by the common
effort, ought of right to be a common property, to enure forever for the com-
1 The legislature also drew up, and sent their they directed should be printed and a copy de-
delegates in congress, a "declaration," which livered to each member of congress.
| Title | History of Maryland - 2 |
| Creator | Scharf, J. Thomas (John Thomas) |
| Publisher | J. B. Piet |
| Place of Publication | Baltimore |
| Date | 1879 |
| Language | eng |
| Type | Books/Pamphlets |
| Title | 00000514 |
| Type | Books/Pamphlets |
| Transcript | RESISTING THE PRETENSIONS OF VIRGINIA. 471 sums arising from such sales, would be enabled to lessen her taxes. Lands comparatively cheap, and taxes comparatively low, with the lands and taxes of the adjacent State, would quickly drain the State thus disadvantageous^ circumstanced of its most useful inhabitants; its wealth and its consequence in the scale of the Confederated States would sink of course. A claim so injurious to more than one-half, if not to the whole of the United States, ought to be supported by the clearest evidence of the right; yet what evidence of that right has been produced ? What arguments alleged in support, either of the evidence or the right ? None that we have heard of deserving a serious refutation. " It has been said that some of the delegates of a neighboring State have declared their opinion of the impracticability of governing the extensive domain claimed by that State; hence, also, the necessity was admitted of dividing its territory and erecting a new State, under the auspices and direction of the elder, from whom, no doubt, it would receive its form of government, to whom it would be bound by some alliance or confederacy, and by whose councils it would be influenced ; such a measure, if ever attempted, would certainly be opposed by the other States, as inconsistent with the letter and spirit of the proposed confederation. Should it take place, by establishing a sub- confederacy, imperium in imperio, the State possessed of this extensive dominion must then either submit to all the inconveniences of an overgrown and unwieldy government, or suffer the authority of Congress to interpose at a future time, and to lop off a part of its territory, to be erected into a new and free State, and admitted into the confederation on such conditions as shall be settled by nine States. If it is necessary for the happiness and tranquillity of a State thus overgrown, that Congress should hereafter interfere and divide its territory; why is the claim to that territory now made and so pertinaciously insisted on ? We can suggest to ourselves but two motives; either the declaration of relinquishing, at some future period, a portion of the country now contended for, was made to lull suspicion asleep, and to cover the designs of a secret ambition, or, if the thought was seriously entertained, the lands are now claimed to reap an immediate profit from the sale. We are convinced, policy and justice require that a country unsettled at the commencement of this war, claimed by the British crown, and ceded to it by the treaty of Paris, if wrested from the common enemy by the blood and treasure of the thirteen States, should be considered as a common property, subject to be parcelled out by Congress into free, convenient and independent governments, in such manner and at such times as the wisdom of that assembly shall hereafter direct. " Thus convinced, we should betray the trust reposed in us by our constituents were we to authorize you to ratify on their behalf the Confederation, unless it be further explained. We have coolly and dispassionately considered the subject; we have weighed probable inconveniences and hardships against the sacrifice of just and essential rights; and do instruct you not to agree to the Confederation unless an article or articles be added thereto in conformity with our declaration. Should we succeed in obtaining such article or articles, then you are hereby fully empowered to accede to the Confederacy." 1 Thus, Maryland refused to sign the Articles of Confederation unless they should contain some provision for settling the question as to the western domain. She resisted the claims of particular States as an extravagant pretense of right, inconsistent with reason and repugnant to justice; she contended that what was rescued from the common enemy, by the common effort, ought of right to be a common property, to enure forever for the com- 1 The legislature also drew up, and sent their they directed should be printed and a copy de- delegates in congress, a "declaration," which livered to each member of congress. |
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