nd 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 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 shewing 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 strike in behalf of
such party absent or refusing; and the judgment and sentence of the
court to be appointed, in the manner before prescribed, shall be final
and conclusive; and if
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