United States in Congress affembled shall from time to time direct and appoint. The taxes for paying that proportion fhall be laid and levied by the authority and direction of the legiflatures of the feveral States within the time agreed upon by the United States in Congrefs affembled. ARTICLE IX. The United States in Congress affembled fhall have the fole and exclufive right and power of determining on peace and war, except in the cafes mentioned in the fixth article ; of fending and receiving Ambaffadors; entering into treaties and alliances, provided that no treaty of commerce fhall be made, whereby the legislative power of the respective States shall be restrained from impofing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever of eftablishing rules for deciding in all cafes, what captures on land or water fhall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated; of granting letters C : of of marque and reprifal in times of peace; appointing courts for the trial of piracies and felonies committed on the high feas; and establishing courts for receiving and determining finally appeals in all cafes of captures, provided that no member of Congrefs fhall be appointed a judge of any of the faid courts. 2. The United States in Congrefs affembled fhall also be the last refort on appeal in all difputes and differences now fubfifting, or that hereafter may arise, between two or more States concerning boundary, jurisdiction, or any other caufe whatever; which authority shall always be exercifed in the manner following:Whenever the legislative or executive authority or lawful agent of any State in controversy with another, fhall prefent a petition to Congrefs, ftating the matter in queftion, and praying for a hearing, notice thereof shall be given by order of Congrefs to the legislative or executive authority of the other State in controverfy, and a day affigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint confent Commiffioners or Judges to constitute a court for hearing and determining the matter in quef per tion; but if they cannot agree, Congrefs fhall name three perfons out of each of the United States, and from the lift of fuch perfons each party shall alternately ftrike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names, as Congress shall direct, fhall in the presence of Congress be drawn out by lot; and the fons whofe names fhall be fo drawn, or any five of them, fhall be Commiffioners or Judges, to hear and finally determine the controversy, so always as a major part of the Judges, who shall hear the caufe, fhall agree in the determination and if either party fhall neglect to attend at the day appointed, without fhewing reasons which Congrefs fhall judge fufficient, or being present shall refuse to strike, the Congress shall proceed to nominate three perfons out of each State, and the Secretary of Congress shall ftrike in behalf of such party abfent or refufing; and the judgment and fentence of the court to be appointed in the manner. before prescribed, shall be final and conclufive: and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim : or caufe, the court shall nevertheless proceed to pronounce fentence, or judgment, which shall in like manner be final and decifive; the judgment or fentence and other proceedings being in either cafe tranfmitted to Congrefs, and lodged among the acts of Congress, for the security of the parties concerned: provided, that every Commiffioner, before he sits in judgment, shall take an oath, to be administered by one of the Judges of the fupreme or fuperior court of the State where the cause thall be tried, "well and truly to hear and determine the matter in queftion, according to the best of his judgement, without favour, affection, or hope of reward:" provided alfo, that no State shall be deprived of territory for the benefit of the United States. 3. All controverfies concerning the private. right of foil claimed under different grants of two or more States, whofe jurifdictions, as they may respect fuch lands, and the States which paffed fuch grants, are adjusted; the faid grants, or either of them, being at the fame time claimed to have originated antecedent to fuch fettlement of jurisdiction; shall on the petition of either party to the Congress of the United States, be finally determined, as near as may be, in the fame manner as is before prescribed for deciding deciding disputes refpecting territorial jurisdiction between different States. of 4. The United States in Congress affembled shall also have the fole and exclufive right and power of regulating the alloy and value of coin ftruck by their own authority, or by that of the refpective States; fixing the standard weights and measures throughout the United States; regulating the trade and managing all affairs with the Indians, not members of any of the States, provided that the legislative right of any State within its own limits be not infringed or violated; establishing and regulating postoffices from one State to another, throughout all the United States, and exacting fuch poftage on the papers paffing through the fame, as may be requifite to defray the expences of the faid office; appointing all officers of the land forces in the service of the United States, excepting regimental officers; appointing all the officers of the naval forces, and commiffioning all officers whatever in the fervice of the United States; making rules for the government and regulation of the said land and naval forces, and directing their operations. |