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 & fair, it ought to go further & 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 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.
"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."
Mr Govr Morris moved to postpone this in order to take up 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."
Mr L. Martin moved to amend the proposition of Mr Govr Morris by adding–"But all such claims may be examined into & decided upon by the supreme Court of the U. States."