|
|
|
admission of new States formed by its settlement. The
clause "of disposition" of it, was first suggested by Mr. Ma-
dison, on the 18th of August, 1787, in the following words:
"to dispose of the unappropriated lands of the United
States. " On the 30th of August, Mr. Martin moved to
take up the following: "The Legislature of the United
States shall have power to erect new States, within, as
well as without, the territory claimed, by the several States,
or cither of them, and admit the same into the union; pro-
vided, 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. " This was rejected,
New-Jersey, Delaware, and Maryland, voting Cor it.
Mr. Carroll moved to add the same clause from the pro-
viso, to a proposition of Governeur Morris, as to the ad-
mission of new States.
"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. Madison did not view the proviso of Mr. Carroll as
dangerous, but to make it neutral and fair, it ought to be
declared that the claims of particular States should not be
affected.
Mr. Carroll withdrew his motion, and moved the follow-
ing: "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 ex-
amined into and decided by the Supreme Court. "
Mr. Morris moved to postpone this, in order to take up
"the proposition" finally adopted by the Congress.
Mr. L. Martin moved to amend it by adding, "but all
such claims may be examined into and decided upon by the
Supreme Court of the United States. "
Mr. Morris stated it to be necessary, as all suits to
which the United States are parties, arc already to be de-
cided by the Supreme Court. "
Mr. Martin — "It is proper in order to remove all doubt
upon this point" — this amendment being rejected, Maryland
alone voted against the clause now forming a part of the
constitution referred to by the committee. (Madison pa-
pers, from 1463 to 1467. )
Your committee have thus minutely extracted the debates
upon this point, as necessary to the elucidation of the posi-
tion they assume, that the clause cited is not to be deemed
in the nature of a surrender to the general government, of
an absolute interest in the public territory.
|
|
