So it was resolved in the affirmative.

The question was then put on the second part, and resolved in the affirmative.

Resolved, That the farther consideration of the article be postponed till to-morrow.

FRIDAY, OCTOBER 24, 1777.

Congress resumed the consideration of the article of confederation respecting the powers of Congress; and after some time the farther consideration thereof was postponed.

Congress resumed the consideration of the article of confederation relative to the powers of Congress; and after some time spent thereon, adjourned to ten o'clock

to-morrow.

SATURDAY, OCTOBER 25, 1777.

Congress resumed the consideration of the article of confederation respecting the powers of Congress : Whereupon,

It was moved to strike out "coining money, and re“gulating the value thereof," and insert, "regulating "the alloy and value of coin struck by their own au"thority, or by that of the respective states."

And the question being put,

Resolved in the affirmative.

Resolved, That the farther consideration of the articles of confederation be postponed to Monday next.

MONDAY, OCTOBER 27, 1777.

Congress resumed the consideration of the article of confederation respecting the powers of Congress ; Whereupon,

It was moved, to strike out these words, "deciding "all disputes and differences now subsisting, or that "hereafter may arise between two or more states "concerning boundaries, jurisdictions, or any other "cause whatever;" and instead thereof, to insert "The United States in Congress assembled shall also "be the last resort on appeal in all disputes and dif "ferences now subsisting, or that may hereafter arise, "between two or more states, concerning boundaries, jurisdiction, or any other cause whatever; which "authority shall always be exercised in the manner fol"lowing: Whenever the legislature or executive au

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thority, or lawful agent of any state in controversy "with another, shall present a petition to Congress,

stating the matter in question, and praying for a "hearing, notice thereof shall be given by order of Congress to the legislative or executive authority of "the other state in controversy; and a day assigned for "the appearance of the parties by their lawful agents,

1

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"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, 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 com"missioners 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 determi"nation. 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 Secretary of Congress "shall do it in behalf of such party; and the judgment "and sentence of the court to be appointed in the man"ner 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 judg"ment or sentence and other proceedings being, in "either case, transmitted to Congress, and lodged 66 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

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or superiour 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 judg66 ment, without favour, affection, or hope of reward; " provided also, that no state shall be deprived of ter"ritory for the benefit of the United States.

New Hampshire, Mr. Folsom,

No. >No.

So it was resolved in the affirmative.

FOUR O'CLOCK, p. m.

Congress resumed the consideration of the article in confederation last under debate.

A motion was made to strike out the words "not "members of any of the states ;" and instead thereof to insert "not residing within the limits of any of the "United States."

Another motion was made to amend the clause, so as to read thus: "managing all affairs relative to war "and peace with all Indians not members of any par"ticular state; and regulating the trade with such "nations and tribes as are not resident within such "limits wherein a particular state claims and actually "exercises jurisdiction." After debate,

Resolved, That the farther consideration thereof be postponed till to-morrow.

TUESDAY, OCTOBER 28, 1777.

Congress resumed the consideration of the articles of confederation; and after debating on the amendments moved yesterday, adjourned to four o'clock.

FOUR O'CLOCK, p. m.

Congress resumed the consideration of the articles of confederation; and instead of the two amendments proposed, it was moved to add to the clause, these words:" Provided, that the legislative right of any