The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
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The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
Sect. 2. In all disputes and controversies now subsisting, or
that may hereafter subsist between two or more States,
respecting jurisdiction or territory, the Senate shall possess
the following powers. Whenever the Legislature, or the Executive
authority, or 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 day for the
appearance of the parties, by their agents, before the 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 persons each party
shall alternately strike out one, until the number 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 determine the controversy; provided a
majority 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 Clerk of the Senate shall strike in behalf of the party
absent or refusing. If any of the parties shall refuse to submit
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 transmitted to the
President of the Senate, and shall be lodged among the public
records for the security of the parties concerned. Every
Commissioner shall, before he sit in judgment, 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."
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