OCR Text |
Show 38 ARTICLES OF CONFEDERATION. executive authority of tho other Slate in controversy, and a day assigned for the appearance of the parties by their lawfui agents, who shall then be directed to a.ppoiut by joint consent, commissioners or judges to constitute a court for bearing 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 perso ns 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 nino 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, wituout showing reasons which Congress shall judge sufficient., or being present shall refuse to strike, the Con grcss 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 preRcribcd, shall be final and conelnsi ve; 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 or sentence and other proceedings being in either case transmitted to Congress, attd 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 admin· istered 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, ARTICLES OF CONFEDERATION. 39 according to the best of his judgment, without favor, affec· tion, or hope of reward:" prov ided also that no State shall be deprived of territory for the l>cnellt of the United States. All controvcr ics concerning the private right of soil claimed under different grants of two or more tatcs, whose jurisdictions as they may respect such land , and the States which passed such grants, arc adjusted; the said grants ot· either of them beiug at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of ei lher party to the Congress of the United States, be fiually determined as near as may be in the same manner as is before prescribed for deciding dispntes respecting territorial jurisdiction between different States. 'rho 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 l>y that of the respecti\-·e States-fixing tlw standard of weights and measures throughout the UniLed States-regulating the trade and maungi ng all affairs with the Indians, not members of any of the States; provided that the legislative right of any State within its own limi ts be not iufringed or violated-establishing or regulaLing post-offices from one State to another, throughout all the United States, n.nd exacting such postage on the papers passing through the same as may be requisite io defray the expenses of the said office-appointing all officers of the land forces, in the service of the United States, excepting regimental officersappointing 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 aid land and naval force., and directing their operations. 'fhe United States in Congress assembled shall hav~ authority to appoint a committee, to sit in the recess of Congress, to be deuominatcd 11 .A CommiLtee of the States,'1 |