admit the same into the Union; provided, that nothing in this Constitution shall be construed to affect the claim of the United States to vacant lands ceded to them by the late treaty of peace;"
which passed in the negative,—New Jersey, Delaware, and Maryland, only, ay.
On the question to agree to Mr. Gouverneur Morris's substituted article, as amended, in the words following:—
"New states may be admitted by the legislature into the Union; but no new state shall be hereafter formed or erected within the jurisdiction of any of the present states, without the consent of the legislature of such state, as well as of the general legislature,"—
New Hampshire, Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina. South Carolina, Georgia, ay, 8; New Jersey, Delaware, Maryland, no, 3.
Mr. DICKINSON moved to add the following clause to the last:—
"Nor shall any state be formed by the junction of two or more states, or parts thereof, without the consent of the legislature of such states, as well as of the legislature of the United States;"
which was agreed to without a count of the votes.
Mr. CARROLL moved to add,—
"Provided, nevertheless, that nothing in this Constitution shall be construed to affect the claim of the United States 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 against the motion. There was nothing in the Constitution affecting, one way or the other, the claims of the United Stales; and it was best to insert nothing, leaving every thing on that litigated subject in statu quo.
Mr. MADISON considered the claim of the United States as in fact favored by the jurisdiction of the judicial power of the United States 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. Carroll as dangerous; but, to make it neutral and fair, it ought to go farther, and declare that the claims of particular states also should not be affected.
Mr. SHERMAN thought the proviso harmless, especially with 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 possedetis.
Mr. RUTLEDGE thought it wrong to insert a proviso, where there was nothing which it could restrain, or on which it could operate.
Mr. CARROLL withdrew his motion, and moved the following:—
"Nothing in this Constitution shall be construed to alter the claims of the United States, or of the individual states, to the western territory; but all such claims shall be examined into, and decided upon, by the Supreme Court of the United States."
