Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/192

CHAPTER XXX.

POWERS OF CONGRESS—ADMISSION OF NEW STATES, AND ACQUISITION OF TERRITORY.

§ 1308. The third section of the fourth article contains two distinct clauses. The first is—

New states may be admitted by the congress into this Union. But no new state shall be formed or erected within the jurisdiction of any other state, nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislature of the states concerned, as well as of the congress.

§ 1309. A clause on this subject was introduced into the original draft of the constitution, varying in some respects from the present, and especially in requiring the consent of two thirds of the members present of both houses to the admission of any new state. After various modifications, attempted or carried, the clause substantially in its present form was agreed to by the vote of eight states against three.^[1]

§ 1310. In the articles of confederation no provision is to be found on this important subject. Canada was to be admitted of right, upon her acceding to the measures of the United States. But no other colony (by which was evidently meant no other British colony) was to be admitted, unless by the consent of nine states.^[2] The eventual establishment of new states within the limits of the Union seems to have been wholly overlooked by the framers of that instrument.^[3] In the pro-

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1. Journal of Convention, p. 222, 307, 308, 309, 310, 311, 365, 385.
2. Article 11.
3. The Federalist, No. 43.