Page:The Records of the Federal Convention of 1787 Volume 2.djvu/471

 RECORDS OF THE FEDERAL CONVENTION z6 5 Thursday MADISON lugust $o Mr. Dickinson moved to add the following clause to the last m "Nor shall any State be formed by the junction of two or more States or parts thereof without the consent of the Legislatures of such States, as well as of the Legislature of the U. States". which was agreed to without a count of the Votes. Mr 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. Mr. Wilson was agst. 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. Mr. 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 and fair, it ought to go farther & declare that the claims of particular States also should not be affected. Mr. Sherman thought the proviso harmless, especially wlth the addition suggested by Mr. Madison in favor of the claims of particular States. Mr. 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. Mr. Rutlidge thought it wrong to insert a proviso where there was nothing which it could restrain, or on which it could operate.  Mr. Carrol withdrew his motion and moved the following, 'Nothlng in this Constitution shall be construed to alter the claims of the U. $. or of the individual States to the West-

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