Page:State Documents on Federal Relations.djvu/61

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PENNSYLVANIA AND THE FEDERAL JUDICIARY
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should be made known, not only that the state may be justified to her sister states, who are equally interested in the preservation of the state rights; but to evince to the Government of the United States that the Legislature, in resisting encroachments on their rights, are not acting in a spirit of hostility to the legitimate powers of the United States' courts; but are actuated by a disposition to compromise, and to guard against future collisions of power, by an amendment to the constitution: and that, whilst they are contending for the rights of the State, that it will be attributed to a desire of preserving the federal government itself, the best features of which must depend upon keeping up a just balance between the general and state governments, as guaranteed by the constitution.

Be it therefore known, that the present unhappy dispute has arisen out of the following circumstances: [Here follows a detailed statement of their view of the case.]

Although the Legislature reverence the constitution of the United States and its lawful authorities, yet there is a respect due to the solemn and public acts, and to the honor and dignity of our own state, and the unvarying assertion of her right, for a period of thirty years, which right ought not to be relinquished, Therefore,

Resolved by the Senate and House of Representatives of the Commonwealth of Pennsylvania, &c. That, as a member of the Federal Union, the Legislature of Pennsylvania acknowledges the supremacy, and will cheerfully submit to the authority of the general government, as far as that authority is delegated by the constitution of the United States. But, whilst they yield to this authority, when exercised within Constitutional limits, they trust they will not be considered as acting hostile to the General Government, when, as guardians of the State rights, they can not permit an infringement of those rights, by an unconstitutional exercise of power in the United States' courts.

Resolved, That in a government like that of the United States, where there are powers granted to the general government, and rights reserved to the states, it is impossible, from the imperfections of language, so to define the limits of each, that difficulties should not some times arise from a collision of powers: and it is to be lamented, that no provision is made in the constitution for