Page:United States Reports, Volume 1.djvu/499

488 

1789.

The principle that the Referees adopted, having been taken up before it could be know on which fide it would operate, either beneficially or injurioufly, they are not chargeable with any defigned partiality; but it was furely too hazardous and uncertain an experiment, to be a proper foundation for doing equal Juftice.

Although the court, in the prefent inftance, have entered further into the merits of the cafe, than they ufually do on reports of Referres, they do not think that they depart from the fpirit of former decifions, as they ground their judgment upon the conduct of the Referees in declining the confideration of the moft material fubject of the controverfy ; and that too, upon a miftaken principle, leading to real injuftice to one of the parties.

Let the Report be fet afide.

APPENDIX.