Page 4113

4113 HISTORIC DOCUMENTS

direct and appoint. The taxes for paying that proportion shall be

laid and levied by the authority and direction of the legislatures

of the several States within the time agreed upon by the United

States in Congress assembled.

ARTICLE IX

Section 1.-The United States in Congress assembled shall have

the sole and exclusive right and power of determining on peace and

war, except in the cases mentioned in the sixth article, of sending

and receiving ambassadors; entering into treaties and alliances,

provided that no treaty of commerce shall be made, whereby the

legislative power of the respective States shall be restrained from

imposing 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 establishing

rules for deciding in all cases what captures on land or water shall

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 of marque and reprisal in times of peace; appointing courts for the trial of piracies and felonies committed on the

high seas; and establishing courts for receiving and determining

finally appeals in all cases of capture; provided, that no member of

Congress shall be appointed a judge of any of the said courts.

Sec. 2.-The United States in Congress assembled shall also be

the last resort on appeal in all disputes and differences now subsisting, or that hereafter may arise between two or more States

concerning boundary, jurisdiction, or any other cause whatever;

which authority shall always be exercised in the manner following:

Whenever the legislative or executive authority or lawful agent of

any State in controversy with another, shall present a petition to

Congress, stating the matter in question, and praying for a hearing,

notice thereof shall be given by order of Congress to the legislative

or executive authority of the other State in controversy, and a day

assigned for the appearance of the parties by their lawful agents,

who shall then be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining

the matter in question; but if they can not agree, Congress shall

name three persons out of each of the United States, and from the

list of such persons each party shall alternately strike out one, the