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meeting of the states, and while they act as members
Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress; and the members of Congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from and attend. ance on Congress, except for treason, felony or breach of the peace. ..
' ARTICLE VI. "No state, without the consent of the United States in Congress afsembled, shall send any embaffy to, or receive any embassy from, or enter into any conference, · agreement, alliance, or treaty, with any king, prince, or state ; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present emolument, office or title of any kind whatever from any king, prince or foreign state; nor fhall the United States in Congress assembled, or any of them, grant any title of nobility.
No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the United States in Congress afsembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.
No state shall lay any imposts or duties, which may interfere with any ftipulations in treaties entered into by the United States in Congress assembled, with any king, prince or state, in pursuance of any treaties als ready proposed by Congress, to the courts of France and Spain.
No vessels of war fhall be kept up in time of peace by any state, except such number only as shall be deem
ed necessary by the United States in Congress assembled, · for the defence of such state, or its trade; nor shall any
except states, in Congresnis necessary for keep up a
body of forces be kept up by any state, in time of peace, except such number only, as in the judgment of the United States, in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state ; but every state shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and constantly have 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 engage in any war without the consent of the United States, in congress assembled, unless such ftate be actually invaded by enemies,or shall have receiv. ed certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of a delay tillthe United States in Congress assembled can be consulted; nor shall any state grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration 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 shall be established by the United States in Congress assembled, unless such state be infested by pirates, in which case, vefsels of war may be fitted out for that occafion, and kept so long as the danger shall continue, or, until the United States in Congress assembled, shall determine otherwise.
ARTICLE VII. 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.
ARTICLE VIII. to All charges of war, and all other expenses, that shall - be incurred for the common defence or general welfare, I and allowed by the United States in Congress assemi bled, shall be defrayed out of a common treasury,
which shall be supplied by the several states, in propor
tion to the value of all land, within each state, granted 2 to 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 Cona grefs 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 legisla,tures of the several fates, within the time agreed upon by the United States in Congress assembled.
ARTICLE IX. The United States in Congress assembled, shall have the fole, and exclusive right and power of determining on peace and war, except in the cases mentioned in the fixth article ; of sending and receiving ambassadors ; 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 imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever ; of establishing rules for deciding in all cases, what captures on land or water fhall 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 appoin. ted 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 subfisting 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 au. thority of the other state in controversy, and a day af. signed for the appearance of the parties by their lawful agents, who shall then be directed to appoint, by joint confent, 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 inore 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 fo drawn, or any five of them, shall be commissioners or judges, to hear and finally determine "he 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 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 fits 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 favour, affection, or hope of reward :” Provided also, that no state shall be deprived of territory for the benefit of the United States.
All controversies concerning the private right of foil, claimed under different grants of two or more ítates, whose jurisdictions as they may respect such lands and the states which passed such grants are ad. justed, the said grants or either of them being at the fame time claimed to have originated antecedent to such fettlement of jurisdi&tion, ihall, on the petition of either party to the Congress of the United States, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states.
The United States in Congress assembled shall also have the sole and exclusive right and power of regu. lating the alloy and value of coin struck by their own authority, or by that of the respective states ; fixing the standard of weights and measures throughout the United States ; regulating the trade and managing all affairs with the Indians not members of any of the states; provided that the legislative right of any state within its own limits be not infringed or violated ; establishing and regulating post offices from one state to another throughout all the United States, and ex. acting such postage on the papers passing through the fame, as may be requisite to defray the expenses of the · Vol. II.