ARTICLE 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 affembled, fhall be defrayed out of a common treasury, which shall be supplied by the feveral states, in proportion to the value of all land, within each ftate, granted to or furveyed for any perfon, as fuch land and the buildings and improvements thereon fhall be estimated, according to fuch mode as the United States in Congrefs affembled, fhall from time to time direct and appoint.

The taxes for paying that proportion, fhall be laid and levied by the authority and direction of the legiflatures of the several ftates, within the time agreed upon by the United States in Congress affembled.

ARTICLE IX.

The United States in Congrefs affembled, fhall have the fole, and exclufive right and power of determining on peace and war, except in the cafes mentioned in the fixth article; of fending and receiving ambaffadors; entering into treaties and alliances, provided that no treaty of commerce fhall be made, whereby the legiflative power of the refpective states fhall be reftrained from impofing fuch impofts and duties on foreigners as their own people are fubjected to, or from prohibiting the exportation or importation of any fpecies of goods or commodies whatsoever; of establishing rules for deciding in all cafes, what captures on land or water fhall be legal, and in what manner prizes taken by land or naval forces in the fervice of the United States fhall be divided or appropriated; of granting letters of marque and reprifal in times of peace; appointing courts for the trial of piracies and felonies committed on the high feas, and establishing courts for receiving and determining finally appeals in all cafes of captures, provided that no member of Congress shall be appointed a judge of any of the said courts.

The United States in Congress affembled, fhall also be the laft refort on appeal in all difputes and differences now fubfifting or that hereafter may arise between two or more ftates concerning boundary, jurifdiction, or any other caufe whatever; which authority fhall always be exercifed in the manner following. Whenever the legislative or executive authority or lawful agent of any flate in controverfy with another, fhall present a petition to Congrefs, ftating the matter in question, and praying for a hearing, notice thereof fhall be given by order of Congress to the legislative or executive authority of the other ftate in controversy, and a day affigned for the appearance of the parties by their lawful agents, who fhall then be directed to appoint, by joint confent, commiffioners or judges to conftitute a court for hearing and determining the matter in question; but if they cannot agree, Congress shall name three perfons out of each of the United States, and from the list of fuch perfons, each party fhall alternately ftrike out one, the petitioners beginning, until the number shall be reduced to thirteen ; and from that number not lefs than feven, nor more than nine names, as Congrefs fhall direct, fhall in the presence of Congress be drawn out by lot and the perfons whofe names fhall be fo drawn, or any five of them, fhall be commiffioners or judges, to hear and finally determine the controversy, fo always as a major part of the judges, who fhall hear the caufe, fhall agree in the determination: And if either party fhall neglect to attend at the day appointed, without fhewing reafons which Congrefs fhall judge fufficient, or being prefent, fhall refuse to strike, the Congrefs fhall proceed to nominate three perfons out of each state, and the fecretary of Congress shall strike in behalf of fuch party abfent or refufing; and the judgment and fentence of the court to be appointed, in the manner before prescribed, fhal! be final and conclufive; and if any of the parties shall refuse to submit to the authority of fuch court, or to appear or defend

their claim or cause, the court shall nevertheless proceed to pronounce fentence or judgment, which fhall in like manner be final and decifive; the judgment or fentence and other proceedings being in either cafe tranfmitted to Congrefs, and lodged among the acts of Congrefs, for the fecurity of the parties concerned: Provided, that every commiffioner, before he fits in judgment, fhall take an oath, to be administered by one of the judges of the fupreme or fuperior court of the state, where the cause fhall be tried, "well and truly to hear and determine the matter in queftion, 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 controverfies concerning the private right of foil, claimed under different grants of two or more ftates, whofe jurifdictions as they may refpect fuch lands and the states which paffed fuch grants are adjufted, the faid grants or either of them being at the fame time claimed to have originated antecedent to fuch fettlement of jurisdiction, fhall, on the petition of either party to the Congress of the United States, be finally determined, as near as may be, in the fame manner as is before prefcribed for deciding disputes refpecting territorial jurifdiction between different ftates.

The United States in Congress affembled fhall also have the fole and exclufive right and power of regulating the alloy and value of coin ftruck by their own authority, or by that of the respective states; fixing the standard of weights and meafures throughout the United States; regulating the trade and managing all affairs with the Indians not members of any of the ftates; provided that the legislative right of any state within its own limits be not infringed or violated; establishing and regulating poft offices from one ftate to another throughout all the United States, and exacting fuch poftage on the papers paffing through the fame, as may be requifite to defray the expenfes of the VOL. II.

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faid office; appointing all officers of the land forces in the fervice of the United States, excepting regimental officers; appointing all the officers of the naval forces, and commiffioning all officers whatever in the fervice of the United States; making rules for the government and regulation of the faid land and naval forces and directing their operations.

The United States in Congress affembled fhall have authority to appoint a committee to fit in the recefs of Congrefs, to be denominated "a committee of the ftates," and to confift of one delegate from each state, and to appoint fuch other committees and civil officers as may be neceffary for managing the general affairs of the United States, under their direction; to appoint one of their number to prefide, provided that no perfon be allowed to ferve in the office of prefident more than one year, in any term of three years; to afcertain the neceffary fums of money to be raised for the fervice of the United States, and to appropriate and apply the fame for defraying the public expenses; to borrow mo. ney or emit bills on the credit of the United States, tranfmitting every half year to the refpective ftates, an account of the fums of money so borrowed or emitted; to build and equip a navy; to agree upon the number of land forces, and to make requifitions from each state for its quota, in proportion to the number of white inhabitants in fuch ftate; which requifition fhall be binding, and thereupon the legislature of each state shall appoint the regimental officers, raise the men, and cloath, arm and equip them in a foldier-like manner, at the expenfe of the United States; and the officers and men fo cloathed, armed and equipped, fhall march to the place appointed, and within the time agreed on by the United States in Congress affembled: But if the United States in Congrefs affembled fhall, on confideration of circumftances, judge proper that any state fhould not raife men, or fhould raife a fmaller number than its quota, and that any other ftate fhould raise a greater

number of men than the quota thereof, fuch extra number shall be raised, officered, cloathed, armed and equipped in the fame manner as the quota of fuch state, unless the legislature of fuch ftate fhall judge that fuch extra number cannot be fafely fpared out of the fame; in which cafe they fhall raife, officer, cloath, arm and equip as many of such extra number as they judge can be fafely fpared. And the officers and men fo cloathed, armed and equipped fhall march to the place appointed, and within the time agreed on by the United States in Congress affembled.

The United States in Congrefs affembled, fhall never engage in a war nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor afcertain the fums and expenfes neceffary for the defence and welfare of the United States or any of them; nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of veffels of war to be built or purchafed, or the number of land or fea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine ftates affent to the fame; nor shall a question on any other point, except for adjourning from day to day, be determined, unlefs by the votes of a majority of the United States in Congrefs affembled.

The Congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, fo that no period of adjournment be for a longer duration than the fpace of fix months, and shall publish the journal of their proceedings monthly, except fuch parts thereof relating to treaties, alliances or military operations, as in their judgment require fecrecy; and the yeas and nays of the delegates of each state on any question, shall be enter. ed on the journal, when it is defired by any delegate; and the delegates of a state or any of them, at his or their request, fhall be furnished with a tranfcript of the