resulting from territorial disputes, and interfering claims of boundary between the states. And there are yet controversies of this sort, which have brought on a border warfare, at once dangerous to public repose, and incompatible with the public interests.[1]
§ 1674. Under the confederation, authority was given to the national government, to hear and determine, (in the manner pointed out in the article,) in the last resort, on appeal, all disputes and differences between two or more states concerning boundary, jurisdiction, or any other cause whatsoever.[2] Before the adoption of this instrument, as well as afterwards, very irritating and vexatious controversies existed between several of the states, in respect to soil, jurisdiction, and boundary; and threatened the most serious public mischiefs.[3] Some of these controversies were heard and determined by the court of commissioners, appointed by congress. But, notwithstanding these adjudications, the conflict was maintained in some cases, until after the establishment of the present constitution.[4]
§ 1675. Before the revolution, controversies between the colonies, concerning the extent of their rights of soil, territory, jurisdiction, and boundary, under their respective charters, were heard and determined before- ↑ See Sergeant on Const. Introduction, p. 11 to 16; 2 Elliot's Deb. 418.
- ↑ Confederation, art. 9.
- ↑ 2 Elliot's Deb. 418; Sergeant on Const. Introduction, p. 11, 12, 13, 15, 16; 5 Journ. of Congress, 456; 7 Journ. of Congress, 364 8 Journ. of Congress, 83; 9 Journ. of Congress, 64; 12 Journ. of Congress, 10, 52, 219, 220, 230.
- ↑ New York v. Connecticut, 4 Dall. R. 3; Fowler v. Lindsey, 3 Dall. R. 411; 3 Elliot's Deb. 281; 2 Elliot's Deb. 418.
