Page:The Supreme Court in United States History vol 1.djvu/149

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STATE SOVEREIGNTY — NEUTRALITY
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and an unwarrantable encroachment by the United States Courts were charged, ^'annihilating all the power of the States, and reducing this extensive and flour- ishing country to one domination." * The case was argued by Attorney-General Bradford and Jared In- gersoll against Samuel Dexter, William Tilghman and John Lewis, for eleven days (February 6-17). A week later, February 24, the Court gave its decision uphold- ing the jurisdiction of the Federal tribunals, and thus deciding the case in favor of a party against whom the Courts of New Hampshire had twice rendered a deci- sion. It elicited from a Federalist newspaper in that State a heated criticism, in the course of which it spoke of the case as involving ""the most unjust demands that ever disgraced the annals of our Nation . . . whereby many gentlemen in this town are become the subjects of ruin and distress for supporting the laws of their own State. . . . By this decision the sovereignty of New Hampshire is completely annihilated, its right of legislation controverted, and properties of its sub- jects invaded. . . . These are the blessed effects of our Federal Courts. Publish it in Gath, publish it throughout the United States of America! Memo- rials have been sent to Congress which have been laid on the table. Remonstrances have been presented, but horribUe didu nothing done !'* ^

1 See SiaU Documents on Federal Rdatume (1911), by Herman V. Ames.

  • New Hamptikirt Oaaette, May 26, 1705; see Independent Chronide, June 1,

1705; 8€dem Gaaette, May 26, 1705; General Advertiser, June 0, 1795. See also New Hampekire Oasselte, Sept. 22, 20, 1705, containing a long account of this case in which it is said : "The decision of this cause must appear at a future period, if not now, most remarkably mysterious and possibly unfathomable," and that the Legislature must devise means "to remove the just complaints of its oppressed contending jurisdictions.'*

Jeremiah Smith wrote to IfAm T. Gihnan, Dec. 16, 1705 : "That the Federal Government is a foreign one, that its administration and its measures are to be viewed through the medium of apprehension and jealousy, are sentiments cherished by many in high office in some of the States. They are sentiments no less false than pernicious." Lij^ ^ Jeremiah Smith (1845), by John H. Morison.