Page:The Records of the Federal Convention of 1787 Volume 2.djvu/176

 IECORDS OF THE FEDER_&L CONVENTION COMMITTEE OF DETAIL, IX In all Disputes and Controversies now subsisting, or that may hereafter subsist between two or more States <respecting (Territory) Jutisdn or Terrltory, the Senate shall possess the following Powers. Whenever the Legislature, or the Executive Authority, or the 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 Da 7 for the Appearance of the Parties, by their Agents before that 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 Per- sons each Party shall alternately strike out one, until the Num- ber 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 deter- mine the Controversy, provided a majority (Part) 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 (Secre- tary or) Clerk of the Senate shall strike in Behalf of the Party absent or refusing. If any of the Parties shall refuse to sub- mit 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 trans- mitted to the President of the Senate, and shall be lodged among the public Records for the Security of the Parties con- cerned. Every Commissioner shall, before he sit in Judgment, take an Oath, to be administered by one of the Judges of the

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