University of Virginia Library

WEDNESDAY APRIL 9.

A memorial was recd. from Gen1. Hazen in behalf of the
Canadians who had engaged in the cause of the U. S., praying
that a tract of vacant land on L. Erie might be allotted to them.

Mr. Wilson thereupon moved that a Come. be appointed to consider
and report to Congress the measures proper to be taken with
respect to the Western Country. In support of his motion he
observed on the importance of that Country, the danger from
immediate emigrations of its being lost to the public; & the
necessity on the part of Congress of taking care of the federal
interests in the formation of new States which could not take
place by the authority of any particular States.

Mr. Madison observed that the appointment of such a Come.
could not be necessary at this juncture & might be injurious that
Congs. were about to take in the report on Revenue &c the only
step that could now be properly taken viz to call again on the
States claiming the W. Territory to cede the same; that until the
result Sd. be known every thing wd. be premature & wd. excite in
the States irritations & jealousies that might frustate the Cessions;
that it was indispensable to obtain these Cessions, in order to
compromise the disputes, & to derive advantage from the territory
to the U. S.; that if the motion meant merely to prevent irregular
settlements, the recommendation to that effect ought to be made
to the States—that if ascertaining & disposing of garrisons proper
to be kept up in that Country was the object it was already in the
hands of the Come. on peace arrangments, but might be expressly
referred to them.

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Mr. Mercer supported the same ideas.

Mr. Clarke considered the motion as nowise connected with
the peace arrangements; his object was to define the western
limits of the States which Congs. alone cd. do, and which it was
necessary they Sd. do in order to know what territory properly belonged
to the U. S., and what steps ought to be taken relative to
it. He disapproved of repeatedly courting the States to make
Cessions Wch. Congs. stood in no need of.

Mr. Wilson seemed to consider as the property of the U. S. all
territory over which particular States had not exercised jurisdiction
particularly N. W. of Ohio, & said that within the Country confirmed
to the U. S. by the Provisional articles, there must be a
large Country over which no particular claims extended.

He was answered that the exercise of jurisdiction was not the
criterion of territorial rights of the States; that Pena. had maintained
always a Contrary Doctrine; that if it were a criterion
Va. had exercised jurisdiction over the Illinois & other places conquered
N. W. of the Ohio; that it was uncertain whether the
limits of the U. S., as fixed by the Provl. Arts., did comprehend
any territory out of the claims of the individual States; that
Sd. it be the case a decision or examination of the point had best
be put off till it Sd. be seen whether Cessions of the States wd. not
render it unnecessary; that it Cd. not be immediately necessary for
the purpose of preventing settlemts. on such extra lands, since
they must lie too remote to be in danger of it. Congress refused
to refer the motion to the Come. on peace arrang̃ents, and by a
large majority referred it to a Special Come., viz Mrs Osgood,
Wilson Madison, Carrol & Williamson; to whom was also
referred the Meml. of Genl. Hazen.

On the preceding question, Cont. was strenuous in favr. of Mr.
Wilson's motion.

A motion was made by Mr. Dyer to strike out the drawback on
salt fish &c. Mr. Ghorham protested in the most solemn manner
that Massts. wd. never accede to the plan without the drawback.
The motion was very little supported.