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Nova Scotia, &c. not being already parts of the Union ; that the law for admitting a new member into the Union, could not be applied to a territory which was already in the Union, as making part of a State which was a member of it. 2. That it would be improper to allow nine States to receive a new member, because, the same reasons which rendered that number proper now, would render a greater one proper, when the number composing the Union should be increased. They therefore struck out this para graph, and inserted a proviso, that the consent of so many States, in Congress, shall be first obtained, as may, at the time, be compe tent j thus leaving the question, whether the 1 1th article applies to the admission of new States, to be decided when that admission shall be asked. See the Journal of Congress of April 20, 1784. Another doubt was started in this debate ; viz. whether the agree ment of the nine States, required by the Confederation, was to be made by their legislatures, or by their delegates in Congress? The expression adopted, viz. so many States, in Congress, is first ob tained, shew what was their sense of this matter. If it be agreed, that the llth article of the Confederation is not to be applied to the admission of these new States, then it is contended that their admission comes within the 13th article, which forbids any alter ation, unless agreed to in a Congress of the United States, and afterwards confirmed by the legislatures of every State. The in dependence of the new States of Kentucky and Franklin, will soon bring on the ultimate decision of all these questions.
8. Particular instances, whereby the General Assembly of Vir ginia have shewn, that they considered the ordinance called their constitution, as every other ordinance, or act of the legislature, subject to be altered by the legislature for the time being.
1. The convention which formed that constitution, declared themselves to be the House of Delegates, during the term for which they were originally elected, and, in the autumn of the year, met the Senate, elected under the new constitution, and did legislative business with them. At this time, there were malefactors in the public jail, and there was, as yet, no court established for their trial. They passed a law, appointing certain members by name, who were then members of the Executive Council, to be a court for the trial of these malefactors, though the constitution had said, in ex press words, that no person should exercise the powers of more than one of the three departments, legislative, executive and judi ciary, at the same time. This proves, that the very men who had made that constitution, understood that it would be alterable by the General Assembly. This court was only for that occasion. When the next General Assembly met, after the election of the
