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Documents of the Assembly of the State of New York Volume 1

Documents of the Assembly of the State of New York Volume 1


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1831 Excerpt: ...and the difference between the two bills is pointed out. From these bills it will be seen, that the advocates for bringing into exercise this portion of the judicial power of the United States, have considered it a matter of great delicacy and importance, and one requiring very special legislative provisions. Several other bills having the same object in view, have at different periods been presented to Congress, but I have only seen copies of the two already mentioned. But independent of the opinion which I entertained in relation to the power of the court, this was a proceeding against the State in its sovereign capacity, and involving its territorial jurisdiction. And whether the State should, or should not render a voluntary submission to the proceeding by appearing and answering the complaint, was a question belonging either to the Governor or the Legislature, and not to the Attorney-General, or any subordinate agent of the government. This opinion was suggested in a communication to your Excellency, in July 1829, soon after the suit was instituted, and again in my communication in December following, which was laid before the Legislature by your Excellency, on the opening of the session of 1830. The bills presented to Congress, for the purpose of carrying into" execution that portion of the judicial power which relates to controversies between States, directed that the Stale made a defendant should be notified by the service of a certified copy of the bill of complaint, and all documents, upon the Governor or chief executive officer of the defendant State; and that a notification should be served by the marshall on the Legislature of the defendant.State, at the time of serving a copy of the bill. Those bills further provided, that no person shoul...


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Product Details
  • ISBN-13: 9781154079869
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 124
  • Spine Width: 7 mm
  • Width: 189 mm
  • ISBN-10: 1154079864
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 236 gr


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