University of Virginia Library

IX

Sect 1. The Senate of the United States shall
have power to make treaties, and to appoint Ambassadors,
and Judges of the Supreme Court.

Sect. 2. In all disputes and controversies now
subsisting, or that may hereafter subsist between
two or more States, respecting jurisdiction or territory,
the Senate shall possess the following powers.
Whenever the Legislature, or the Executive authority,
or lawful agent of any State, in controversy with
another, shall by memorial to the Senate, state the
matter in question, and apply for a hearing; notice
of such memorial and application shall be given by
order of the Senate, to the Legislature or the Executive
authority of the other State in Controversy.
The Senate shall also assign a day for the appearance
of the parties, by their agents, before the House.
The Agents shall be directed to appoint, by joint
consent, commissioners or judges to constitute a
Court for hearing and determining the matter in

question. But if the Agents cannot agree, the Senate
shall name three persons out of each of the several
States; and from the list of such persons each
party shall alternately strike out one, until the number
shall be reduced to thirteen; and from that
number not less than seven nor more than nine
names, as the Senate shall direct, shall in their presence,
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; provided a majority of the
Judges, who shall hear the cause, agree in the determination.
If either party shall neglect to attend at
the day assigned, without shewing sufficient reasons
for not attending, or being present shall refuse to
strike, the Senate shall proceed to nominate three
persons out of each State, and the Clerk of the Senate
shall strike in behalf of the party absent or refusing.
If any of the parties shall refuse to submit
to the authority of such Court; or shall not appear
to prosecute or defend their claim or cause, the
Court shall nevertheless proceed to pronounce judgment.
The judgment shall be final and conclusive.
The proceedings shall be transmitted to the President
of the Senate, and shall be lodged among the
public records for the security of the parties concerned.
Every Commissioner shall, before he sit in
Judgment, take an oath, to be administered by one
of the Judges of the Supreme or Superior Court of
the State where the cause shall be tried, "well and
truly to hear and determine the matter in question
according to the best of his judgment, without favor,
affection, or hope of reward."

Sect. 3. All controversies concerning lands
claimed under different grants of two or more States,
whose jurisdictions, as they respect such lands, shall
have been decided or adjusted subsequent to such
grants, or any of them, shall, on application to the
Senate, be finally determined, as near as may be, in
the same manner as is before prescribed for deciding
controversies between different States.