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Hanson's Laws of Maryland 1763-1784
Volume 203, Page 267   View pdf image (33K)
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1780.

CHAP.
   XL.

                                        LAWS of MARYLAND.

shall be given by order of congress to the legislature 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 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 more 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 so drawn, or any five of them, shall be commissioners or
judges, to hear and finally determine the 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 of 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 sits 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 soil claimed under different grants of two or more
states, whose jurisdictions as they may respect such lands, and the states which passed such grants are adjusted,
the said grants or either of them being at the same time claimed to have originated antecedent to
such settlement of jurisdiction, shall, 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 if before prescribed for declaring disputes
respecting territorial jurisdiction between different states.
    The United States in congress assembled shall also have the sole and exclusive right and power of regulating
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 exacting such postage on the papers
passing through the same as may be requisite to defray the expences of the said office; appointing all officers
of the land forces, in the service of the United States, excepting regimental officers; appointing all
the officers of the naval forces, and commissioning all officers whatever in the service of the United
States; making rules for the government and regulation of the said land and naval forces, and directing
their operations.
    The United states in congress assembled shall have authority to appoint a committee, to sit in the recess
of congress, to be denominated " A committee of the states," and to consist of one delegate from
each state; and to appoint such other committees and civil officers as may be necessary for managing the
general affairs of the United States under their direction; to appoint one of their number to preside,
provided that no person be allowed to serve in the office of president more than one year in any term of
three years; to ascertain the necessary sums of money to be raised by the service of the United States,
and to appropriate and apply the same for defraying the public expences; to borrow money or emit bills
on the credit of the United States, transmitting every half year to the respective states an account of the
sums of money so borrowed or emitted; to build and equip a navy; to agree upon the number of land
forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants
in such state, which requisition shall 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 soldier like
manner, at the expence of the United States, and the officers and men so cloathed, armed and equipped,
shall march to the place appointed, and within the time agreed on by the United States in congress
assembled:  But if the United States in congress assembled shall, on consideration of circumstances, judge
proper that any state should not raise men, or should raise a smaller number than its quota, and that any
other state should raise a greater number of men than the quota thereof, such extra number shall be raised,
officered, cloathed, armed and equipped, in the same manner as the quota of such state, unless the legislature
of such state shall judge that such extra number cannot be safely spared out of the same, in which
case they shall raise, officer, cloath, arm and equip, as many of such extra number as they judge can be
safely spared.  And the officers and men so cloathed, armed and equipped, shall march to the place appointed,
and within the time agreed on by the United States in congress assembled.
    The United States in congress assembled shall 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 ascertain the sums and expences necessary 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 vessels of war to be built or purchased, or the number of
land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine states
assent to the same; nor shall a question, on any other point, except for adjourning from day to day, be
determined, unless by the votes of a majority of the United States in congress assembled.
    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, so that no period of adjournment be for a longer duration than the space
of six months, and shall publish the journal of their proceedings monthly, except such parts thereof relating
to treaties, alliances, or military operations, as in their judgment require secrecy; and the yeas and
nays of the delegates of each state on any question shall be entered on the journal, when it is desired by
any delegate; and the delegates of a state, or any of them, at his or their request, shall be furnished
with a transcript of the said journal, except such parts as are above excepted, to lay before the legislatures
of the several states.
    ART. 10.  The committee of the states, or any nine of them, shall be authorised to execute, in the
recess of congress, such of the powers of congress as the United States in congress assembled, by the
consent of nine states, shall from time to time think expedient to vest them with; provided that no



 
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Hanson's Laws of Maryland 1763-1784
Volume 203, Page 267   View pdf image (33K)
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