Page:The Records of the Federal Convention of 1787 Volume 2.djvu/168

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I6Z 1%ECORDS OF THE FEDERAL CONVENTION COMMITTEE OF DETAILs VIII less than seven, nor more than nine Names, as the Sen- ate shall direct, shall, in their Presence, 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; provided a major Part of the Judges, who shall hear the cause agree in the Determination. Bill shall not be returned by the Governour within Days after it shall have been presented to him, it shall be a Law, unless the Legislature, by their Adjournment, pre- vent its Return; in which Case it shall be returned on the first Day of the next Meeting of the Legislature. If either Party shall neglect to attend at the Day assigned, without showing (to the Sen) suf[icient Reasons for not attending, or, being present, shall refuse to strike, the Senate shall proceed to nominate three Persons out of each State, and the (President) Secretary or Clerk of the Senate shall strike in Behalf of the Party absent or refusing. If any of the Parties shall refuse to submit to the Authority of such Court, or shall not appear to prosecute or defend their Claim or Cause; the Court shall nevertheless proceed to pronounce (Sentence or) Judgment. The (Sentence or) Judgment (of the court appointed in the Manner before presented) shall be final and conclusive. The Proceedings shall be transmitted to the (Governour) President of the (United States) Senate and shall be lodged among the public Records for the security of the Parties concerned. Every (Judge) Commissioner shall before he sit in Judgment, take an Oath, to be administered by one of the Judges of the Supreme or Su- perior Court of the State, where the Cause shall be tried, "well and truly to hear and determine the Matter in Question, accord- ing to the best of his Judgment, without Fayour, Affection or Hope of Reward." All Controversies concerning Lands claimed under different Grants of two or more States, whose Jurisdictions, as they respect such Lands, shall have been decided or adjusted sub- sequent to such Grants, shall, on Application to the Senate? be finally determined, as near as may be in the same Manner