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s out of each of the United States, and from
the list of such persons 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 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
present, 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 prescribed, 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 decisive; 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 commissioner, before he sits in judgment, shall take an
oath, to be administered 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, 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, whose 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
jurisdiction, 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
territor
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