New Hampshire Memorial, [27 February] 1795
New Hampshire Memorial
[27 February 1795]
On 25 February the House received “A memorial and remonstrance of the Legislature of the State of New Hampshire … praying the interference and support of Congress, in favor of the judicial power of the State Court, against an encroachment of the Judiciary of the United States, in reversing a decree of the Supreme Judicial Court of the State of New Hampshire, which was rendered in a case decided before the adoption of the present Constitution.” The House appointed JM chairman of a select committee to consider the memorial (Penhallow v. Doane’s Administrators (3 54); the New Hampshire memorial is printed in , Miscellaneous, 1:124. On 27 February JM submitted the following written report.
, 3d Cong., 2d sess., 1252). The case in question wasThat, the subject of the said memorial being of a nature wholly judicial, and having undergone a course of judicial investigation, and of final decision by the Supreme-Court of the United States, the Committee have conceived themselves precluded from all enquiry into the particular merits of the case: nor can perceive any ground, on which legislative interference could be proper.
Ms (DNA: RG 233). In a clerk’s hand. Headed: “Made on the 27th. February, 1795. and ordered to lie on the table / Report, on the memorial of the Legislature of New Hampshire referred on the 26th. instant.”