DOCUMENTS BEARING ON TREATY OF 1783. 15 



ti v e 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 of 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 

 showing reasons which Congress shall judge sufficient, or being pres- 

 f nt, 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 pre- 

 scribed, 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 de- 

 cisive; the judgment or 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 com- 

 missioner, before he sits in judgment, shall take an oath, to be admin- 

 istered by one of the judges of the 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, \vhose 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 jurisdic- 

 tion, 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 is before prescribed for deciding disputes respecting terri- 

 torial 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 required to defray the 

 expenses of the said office; appointing all officers of the land 

 9 forces in the service of the United States, excepting regimental 



officers; appointing all the officers of the naval forces, and com- 



