14 APPENDIX TO BRITISH COUNTER CASE. 



8 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 invested by pirates, in which case vessels of war may 

 be fitted out for that occasion, and kept so long as the danger shall 

 continue, or until the United States, in Congress assembled, shall 

 determine otherwise. 



ART. VII. When land forces are raised by any State for the com- 

 mon 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. 



ART. 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 assembled, shall be defrayed out 

 of a common treasury, which shall be supplied by the several States, 

 in proportion to the value of all land within each State, granted to, or 

 surveyed for, any person, as such land and the buildings and im- 

 provements thereon shall be estimated according to such mode as 

 the United States, in Congress 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 legislatures of 

 the several States, within the time agreed upon by the United States, 

 in Congress assembled. 



ART. IX. The United States, in Congress assembled, shall have 

 the sole and exclusive right and power of determining on peace and 

 war, except in the cases mentioned in the sixth 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 shall 

 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; ap- 

 pointing 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 capture; provided that no member 

 of Congress shall be appointed as 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 subsisting, 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 legisla- 

 tive or executive authority, or lawful agent of any State in contro- 

 versy 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 execu- 



