great publicity in newspapers throughout the States,
it seems to have aroused no opposition to the Federal
Courts; and though, thirty years later, the right of
these Courts to declare a State statute to be invalid
was hotly attacked by many States, the exercise of
this right in 1792 was accepted without protest by the
very State which, five years before, had sought to
impeach its State Judges for holding a State law
invalid;[1] and its acquiescence was expressed formally
(as described by contemporary papers) as follows:
'In conformity to a decision of the Circuit Court,
the Lower House of Assembly voted on Wednesday
that they would not grant to any individual an exemption from arrests and attachments for his private debts,
for any term of time."[2] Following this decision in Champion v. Dickason holding a Rhode Island State
law unconstitutional, the Federal Circuit Courts proceeded to exercise this judicial power in a series of cases involving statutes of other States; in 1793, the validity of a Connecticut statute was involved in a case;[3]
- ↑ In 1787, when the Judges of the Supreme Court of Rhode Island held a legal tender paper money statute unconstitutional in Trevett v. Weeden, the Rhode Is land Legislature attempted to impeach the Judges; but the requisite vote was not secured. Four years later, in 1791, after the adoption of the Federal Constitution, the Legislature actually acquiesced in judicial action holding the legal tender statute invalid; and (as stated in the newspapers), a decision having been given by a State Court "on the principle that by the adoption of the Constitution that act was virtually repealed, a petition was therefore presented for the interposition of the Legislature; but as the House of Representatives refused to receive the petition, it must be inferred as the sense of the Legislature that the Act was superseded by the adoption of the Constitution and that it has thereby become null and void." Providence Gazette, July 9, 1791.
- ↑ Providence Gazette, June 23, 1792.
- ↑ Connecticut Courant, Oct. 7, 1798. "The cause, which involves the question whether a protection granted by the Legislature of the State . . . (which protection was to continue no longer than during the session) was valid and sufficient
Gazette (Mass.), June 26, 1792; New York Daily Advertiser, June 22, 1792; Connecticut Journal, June 22, 1792, and many other newspapers.
One month before this decision, the Federal Circuit Court sitting in Pennsylvania (Judges Wilson, Blair, and District Judge Peters) had decided a case involving the validity of a statute of that State; but had held it not violative of the Federal Constitution. See Collet v. Collet, 2 Dallas, 294; Gazette of the United States, May 2, 1792; New York Daily Advertiser, May 2, 1792.
