Page:State Documents on Federal Relations.djvu/27

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NEW HAMPSHIRE AND THE JUDICIARY
13

origin, was merely an advisory body, chosen by the several States to consult upon measures for the general good of the whole; that the adoption of measures recommended by them was entirely in the breast of the several States or their Legislatures; that no measure could be carried into effect in any State without its agreement thereto; that the subsequent powers of Congress entirely depended upon the express grants of the State Legislatures; that the Legislature of this State, so far from agreeing to the exercise of the power by Congress or its courts, now determined by the circuit court to have belonged to them, on request from Congress, did not grant, but denied it; that the declaration of independence received effect from its being acceded to by the Legislatures of the several States; and that the confederation was the first act binding upon the States which was not expressly agreed to by them individually; that a declaration by any body whatever contrary thereto is subversive of the principles of the revolution; unsettling all the proceedings of the State Governments prior to the existence of the constitution; and will inevitably involve the States, and this State in particular, in confusion, and will weaken, if not perhaps destroy, the National Government; the true principles of which the State of New Hampshire has, and will always endeavor to maintain.

The Legislature of New Hampshire, therefore, again protest and remonstrate against the exercise of any such powers by Congress, or any court or body of men appointed by them, and request that measures may be taken to prevent and annihilate such illegal acts of power.

6. Second Remonstrance of the Legislature, January 16, 1795.

To the Senate and House of Representatives of the United States in Congress assembled: The Memorial of the Legislature of New Hampshire, showeth:

That impelled by a firm attachment to the first principles of a free Government, and the accumulated distresses of a number of their citizens, they again remonstrate to Congress against a violation of State independence and an unwarrantable encroachment in the courts of the United States.