Argument in the case [of] Rhode-Island against Massachusetts. Printed by Order of the General Assembly
Providence: Knowles, Vose & Company, 1838. 8vo, pp. 60; stitched, as issued; external leaves foxed and dust-soiled, a crimp in lower margin throughout; all else very good. This case before the U.S. Supreme Court involves a boundary dispute between the two states dating back nearly 200 years. The Court rejected the states' rights argument made by Daniel Webster, representing Massachusetts, and affirmed its authority to determine the boundary, Justice Taney dissenting. The Court adopted Hazard's position, which involved a sophisticated exposition of early Constitutional history, holding [over Chief Justice Taney's dissent] that it did have jurisdiction. Ironically, Massachusetts presented a State Rights argument, that the Court might lack the power to execute its judgment against Massachusetts. Hazard, seizing a delicious opportunity, responded, "What! does Massachusetts threaten? Is Massachusetts ready to become a nullifying State, and to set up her own will in defiance of the decrees of this Court and the Constitution itself?" American Imprints 50778; Bartlett, p. 36; Sabin 70550. See 37 U.S. 755 [1838]. Item #57020
Price: $325.00