, or from
prohibiting the exportation or importation of any species of goods or
commodities whatever; of establishing rules for deciding, in all cases,
what captures on land and 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 captures;
provided that no member of Congress shall be appointed a judge of any of
the said courts.

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 cannot
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 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, shall, in the presence of
Congress, be drawn out by lot; and the persons whose names shall be so
drawn, or any five of them, shall be commissioners or judges, to hear
and finally determine the controversy, so always as a major part of the
judges who shall hear the cause shall agree in the determination; and if
either party shall neglect to attend at the day appointed, without
showing reasons which Congress shall judge sufficient, or being present,
shall refuse to strike, the Congress shall proceed to nominate three
persons out of each State, and the secretary of Congress shall