Page:American Historical Review, Volume 12.djvu/358

34^ Documents faction supported secretly from Canada whose immediate object is to overthrow the present and restore the former government, at other times we are told that it is a mere contest for power between Bowdoin and Hancock and that the Hancock faction are aiming at the destruction of all public securities and the subversion of all public faith. Whatever may be the cause of these dissentions or however they may terminate, in their present operation they deeply affect the happiness and reputation of the United States. They will, however, I presume tend to people the western world if you can govern yourselves so wisely as to present a safe retreat to the weaker party. These violent, I fear bloody, dis- sentions in a state I had thought inferior in wisdom and virtue to no one in the union, added to the strong tendency which the politics of many eminent characters among ourselves have to promote private and public dishonesty cast a deep shade over that bright prospect which the revolution in America and the establishment of our free governments had opened to the votaries of liberty throughout the globe. I fear, and there is no opinion more degrading to the dignity of man, that these have truth on their side who say that man is incapable of governing himself. I fear we may live to see another revolution. I am dear sir, with high esteem and respect. Your obed't serv't. John Marshall 5. Gihnan v. McClary: a Nciv Hampshire Case of i/pi Plumer in his Life of William Plumcr (pp. 170-172) refers to a New Hampshire case of 1791 in which an act of the legislature was declared unconstitutional but says : " Be3'ond a brief notice of it in my father's papers, I am not aware that any report of the case is to be found." A brief record of the decision in this case has been found among the records of the Superior Court of Judicature, for Rockingham County, at Exeter, N. H. During the Revolution trials by the legislature were frequent in New Hampshire. This practice was continued after the adoption of the Constitution of 1784, and the General Assembly (" General Court ") assumed for a time the position of a court of appeal. Legislative interference in judicial matters usually assumed the form of a special act " restoring the party to his law ", i. e., granting him a new trial in the Superior Court. In 1789 Nathaniel Gilman sued Elizabeth McClary for a certain sum of money alleged to be due to him. Upon agreement of the parties the matter was submitted to referees, who decided against Elizabeth McClary, and the Superior Court entered judgment against her. The following extracts from the House and Senate