The Mystery of the Pinckney DraughtNott, Charles C.
History
The Mystery of the Pinckney Draught
Nott, Charles C.
Constitutional history -- United States; Pinckney, Charles, 1757-1824
_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 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 day 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
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 favour, affection, or hope of reward."
_Sect. 3._ All controversies concerning lands claimed under different
grants of two or more States whose jurisdictions, as they respect such
lands, shall have been decided or adjusted subsequent to such grants, or
any of them, shall, on application to the Senate, be finally determined,
as near as may be, in the same manner as is before prescribed for
deciding controversies between different States.
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