Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1831-02-01
From. the Ncw York Commercial. January z.
NEW YORK AND NEW:JERSEY.

NEW IOhN AM We " sJENOLls
The tendency Of the suit between New Jersey
and tins State, in relation to the boundary line,
into the merits of which we do not mean to 90,
becomes interesting at this period. when the ju-
risdction of the Supreme Court is called in ques-
ton by Georgia. The history Of the controver-
sy is familiar to our readers After fruitless ne.
gociations of more than thirty years between
commissioners appointed by the two states, New
Jersey found it necessary, or deemed 1t expedi-
ent, TO 60 into the Supreme Court, in order to
have her rights investigated. We insert below
three letters from the Attorney General OF this
state, on which we have passing remark to make.
1t will be seen that, much to the credit Of his
good sense. he does not pretend to deny that
the Constitution has rested jurisdiction in the
Supreme Court, over the matter in dispute; but
he doubts whether the manner of exercising that
jurisdiction, can be best established by that
Court, without the legislation of Congress. In
other words, he seems to deny that the plenary
Gift of power involves its elements and attributes,
and he does so in the teeth Of well-known max
| i'm of the Common Law. We understand that
the Court made rule which meets the case,
several years since; though it has been but re-
Gently published, in the last volume OF Peters 5
Reports. The Att. Gen. will probably deny the
right OF the Court to make such rule, until
4
do so; which is making the words Of the COnsti-
tuition dead letter. And he also speaks of the
Common Law, as being specially obligatory upon
| the United States Supreme Court, an idea which
has the merit of novelty, at least, when theprac-
tice of that Court is in question
UTICA, New York, July eth, 1920
WILLIAM Thomas CARROLL, Esq.
Clerk OF the Supreme Court Of the United Nfafes.
"SIR-The Governor and the Attorney &C.
neral of the State of New York were recently
served with the copy of bill in equity, said to
have been exhibited in the Supreme Court of the
United States by the State of New Jersey VS..
The people of the Stite Of New York." and
with subpoena in that cause to appear on the first
Monday of August next.
beg leave respectfully to say, that such SER
piee is regarded on the part of the State of New
York, as utterly void, because the mode adopted
is unknown to the common ia,C, is not authorls-
ed by any statute of the United States, nor war
ranted by any existing rule or order Of the Court
out of which the process issued"
sWhether the court has been clothed with the
power to compel the appearance of a State as de-
PENDANT in an original suit or proceeding, is
question, among others, which will no doubt re-
ceive from that high tribunal all the conslde-
ration that its Importance demands, before any
tSigned) GREENE c. BRONSON.
Attorney General Of New-York.
WASHINGTON CITY, Jan. 8, 1850.
"To the Honorable. the Chief Justice and his
associate Justices Of the Supreme Court of the
United States.
ga bill has been exhibited in this court by the
appear and answer with eoy ne RsSs +. ,ss
been served upon the Governor of the State of
New York.
"a notice has recently been served, that on
the 18th inst, the court would be moved TO take
the bill pro confesso, and proceed to decree, for
want of an appearance.
81 beg leave respectfully to say, that the opin.
ion Is entertained on the part of the State of New
ork, that this Court cannot exercise jurisdiction
N such case, ,cithOm The aWhorifv of an act of
gress for carrying into execution that mart Of
the judicial power of the United States which ex-
tends to controversies between two or more |
states" GREENE c. BRONSON.
(signed) Attorney General of New York.
letter from the Attorney General, CONCERNING
the boundary Line between this State and the
State OF New Jersey.
ALBANY, December o., 1880
SH-ln FORMER communication to YOUR FIX.
cheney Legislative Documents of 1880. No.
w. l mentioned the commencement of a suit
the state of New Jersey, against the people Of
us state, relative to the question of disputed a
'undary between the parties. The supreme t
curt of the United States. at its last term. de.
ded that the process previously issued in the II
ut, had not been dulyserved; and without dis. p
'sing OF the qsestion of jurisdiction awarded G.
rther process. This has subsequently been L
rived upon the Governor and Attorney General ii
d Is returnable on the first dav of the next ia. tie
AIRY term Of that court 1t is probable that the m
unset for New Jersey will then move for SON m
Ter or decree IN the cause, which will make II st
cessary for this court to decide whether It can tn
srcise original and compulsory jurisdiction gr
n state. Upon this question, 1 have seen no fol
Use to change the opinion expressed in nv
mer communication. am with great respect,
Your excellency's ob't humble servant. dis
SignedD GREENE C. BRONSON as
=. Attorney General las
lis Excellency, Governor THRoop. Re
-seee4a- wa
Bar Room Scene.-No small sensation was IN
ted IN the bar-room ofthe City Hotel, OIL Tues Re-
hy fho l..