Page:United States Statutes at Large Volume 18 Part 1.djvu/24

 THE LYNITED STATES OF AMERICA—177T. 9 ready for use, in public stores. a due number of field pieces and tents, and a proper quantity of arms. ammunition and camp equipage. No State shall cniige in any war without the consent of the United States in Con ress assembled, unless suc State be actually invaded by enemies. or shall have receivef certain advice of a resolution being formed bv some nation of Indians to invade such State, and the danger is so imminent as not to admit of a dclay. till the United States in Congress assembled can be consulted: nor shall an y State grant commissions to any shi s or vessels of war. nor letters of marque or re risal, exe-cpt it be after a declamtion of) war by the United States in Congress assembled). and then only against the kingdom or state and the subjects thereof. against which war has been so declared. and under such regulations as shal be established by the United States in Congress assembled. unless such State be infested by pirates. in which case vessels of war may be fitted out for that occasion. and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise. Anricas V11. When land—forces are raised by any State for the common defence, all officers of or under the rank of colonel. shall be appointed by the Legislature of each State respectively by whom such forces shall be raised, or in such manner as such State shall direct. and all vacancies shall be filled up by the State which first made the appointment. Amicus VIII. All charges of war, and all other expenses that shall be incurred for the common defence or general welfare, and allowed by the United States in Congress assembled. shall be defrayed out of a common treasury, which shall be supplied by the several States. in proportion to the value of all land within each State, granted in or surveyed for any person. as such land and the buildings and improvements thereon shall be estimated according to such mode as the United States in Congress assembled, shall from time to time direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the Legislatures of the several States within the time agreed upon by the United States in Congress assembled. ARTICLE IX. 'l`he United States in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article—of sending and receiving ambassador·s—entering into treaties and alliances. provided that no treaty of commerce shall be made whereby the legislative power of the respective States shall be restrained from imposin such imposts an duties on foreigners, as their own tpeople are subjected to,orfrom prohibiting the exportat ion or importation of any species o goods or commodities whatsoever-0f establishing rules for deciding in all cases, what captures on land 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 appropriatedof granting letters of marque and reprisal in times of peace—apipointing courts for the trial of iracies and felonies committed on the hi h seas and estab ishing courts for receiving and)determiuing finally appeals in all cases of captures, provided that no member of Congress shall be a inted a judge of any of the said courts. The Unitedpgfates in Congress assembled shall also be the last resort on appeal in all disputes and differences now suhsisting 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 uestion and praying for a hearing, notice thereof shall be given by order of Congress to flue 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 orjudges to constitute a court for hearing and determining the matter in uestion: but if they cannot agree, Congress shall name t ree persons out of each of the lilnited States, and rom the list of such persons each party shall alternately strike out one, the titioners beginning, until the number shall be reduced to thirteen; and from that numgr 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 rsons whose names shall be so drawn or any five of them, shall be commissioners orj udges, to hear and finally determine the controversy, so always asa major part of the judges who shall hear the cause shall a ree in the determination: and if either party shall neg act to attend at the day appointed? without showing reasons, which Congress shall judge sufficient, or being resent shall refuse to strike, the Congress shall proceed to nominate threepersons 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