The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
M^r Carrol moved to add--"Provided nevertheless that nothing in this
Constitution shall be construed to affect the claim of the U. S. to
vacant lands ceded to them by the Treaty of peace." This he said might
be understood as relating to lands not claimed by any particular States,
but he had in view also some of the claims of particular States.
M^r Wilson was ag^{st} the motion. There was nothing in the Constitution
affecting one way or the other the claims of the U. S. & it was best to
insert nothing, leaving every thing on that litigated subject in statu
quo.
M^r Madison considered the claim of the U. S. as in fact favored by the
jurisdiction of the Judicial power of the U. S. over controversies to
which they should be parties. He thought it best on the whole to be
silent on the subject. He did not view the proviso of Mr. Carrol as
dangerous; but to make it neutral & fair, it ought to go further &
declare that the claims of particular States also should not be
affected.
M^r Sherman thought the proviso harmless, especially with the addition
suggested by M^r Madison in favor of the claims of particular States.
M^r Baldwin did not wish any undue advantage to be given to Georgia. He
thought the proviso proper with the addition proposed. It should be
remembered that if Georgia has gained much by the cession in the Treaty
of peace, she was in danger during the war of a Uti possidetis.
M^r Rutlidge thought it wrong to insert a proviso where there was
nothing which it could restrain, or on which it could operate.
M^r Carrol withdrew his motion and moved the following.
"Nothing in this Constitution shall be construed to alter the
claims of the U. S. or of the individual States to the Western
territory, but all such claims shall be examined into & decided
upon, by the Supreme Court of the U. States."
M^r Gov^r Morris moved to postpone this in order to take up the
following.
"The Legislature shall have power to dispose of and make all
needful rules and regulations respecting the territory or other
property belonging to the U. States; and nothing in this
constitution contained, shall be so construed as to prejudice
any claims either of the U. S. or of any particular State."--The
postponem^t ag^d to nem. con.
M^r L. Martin moved to amend the proposition of M^r Gov^r Morris by
adding--"But all such claims may be examined into & decided upon by the
supreme Court of the U. States."
M^r Gov^r Morris. this is unnecessary, as all suits to which the U. S.
are parties, are already to be decided by the Supreme Court.
M^r L. Martin. it is proper in order to remove all doubts on this point.
Question on M^r L. Martin's amendatory motion
N. H. no. Mas. no. C^t no. N. J. ay. P^a no. Del. no. M^d ay.
V^a no.--States not farther called the negatives being
sufficient & the point given up.
The Motion of M^r Gov^r Morris was then agreed to, M^d alone dissenting.
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