Rhode Island v. Massachusetts

• Decision Date: 01 January 1837
• Citation: 9 L.Ed. 697,11 Pet. 226,36 U.S. 226
• Parties: State of RHODE ISLAND v. State of MASSACHUSETTS
• Court: U.S. Supreme Court

36 U.S. 226

11 Pet. 226

9 L.Ed. 697

State of RHODE ISLAND v. State of MASSACHUSETTS.

January Term, 1837

Mr. Green, the Attorney-General of the state of Rhode Island, moved the court for a continuance of this cause. He stated, that at the session of the general assembly of Rhode Island, in January 1836, a resolution was passed, associating Mr. Hazard with the attorney-general of the state, as counsel in the cause. Mr. Hazard had since been attacked with a disease, which was supposed to be temporary in its character; and until within a few days, confident expectations of his recovery, and that he would be able to attend and argue this case, were entertained. By an arrangement with the attorney-general of Massachusetts, attending the court, this case has been left open, in the hope of the arrival of Mr. Hazard. This hope no longer exists; as his indisposition has increased, so as to prevent his commencing the journey from Rhode Island to this place.

Mr. Hazard is the senior counsel in the case, and has been relied upon by the state of Rhode Island to argue it. It was his report, as chairman of the committee of the legislature of the state, upon which the resolution of that body was adopted, ordering this bill against the state of Massachusetts to be filed. No other counsel has been employed to argue the cause in the place of Mr. Hazard; and, at the advanced period of the session of this court at which this motion is submitted, no counsel can be prepared to go into the argument.

Questions between the different states of the Union, are always of deep concern and of high importance. An appeal to this court for the decision of such questions, is an application to the highest powers of the court. Where these questions are for a part of the territory in possession of either of the contending states, occupied by a large population, they become of the deepest and highest interest. Such is the present controversy.

It is submitted, that this court will not apply the strict rules which govern other cases to this. The peace and tranquillity of the Union may be disturbed by the decision of such a case, however just and proper, if a belief shall prevail, that every opportunity for its full and complete discussion was not afforded to each party. Although no imputation of wrong would be charged to this court, which, in conformity with its established rules, had proceeded to the decision of the cause, against the party opposing the application of those rules, under an existing or asserted disadvantage to the opposing party, strong feelings of dissatisfaction and discontent might prevail; always, if possible, to be prevented between the citizens of neighboring commonwealths.

The questions which will be raised in the argument of this case, are of great and general importance; and some of them have not been decided. Questions of the jurisdiction of this court in a case between two states; and whether, if it exists, provision has been made by legislation...