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 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 any of the parties shall refuse to submit
to the authority of such court, or to appear or defend their claim or
cause, the court shall nevertheless proceed to pronounce sentence or
judgment, which shall in like manner be final and decisive; the judgment
or sentence and other proceedings being in either case transmitted to
Congress, and lodged among the acts of Congress for the security of the
parties concerned; provided, that every commissioner, before he sits in
judgment, shall 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.
Pages:
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333