OPINIONS OF THE HON. CLIFTON CLAGETT, AND HON. RICHARD EVANS, JUSTICES OF THE SUPERIOR COURT OF JUDICATURE, ON THE ACT OF THE LEGISLATURE OF NEW-HAMPSHIRE, PASSED JUNE 24, A.D. 1813, ENTITLED "AN ACT ESTABLISHING A SUPREME JUDICIAL COURT, AND CIRCUIT COURTS OF COMMON PLEAS.

Concord, 1813. Disbound, 24pp. Old spine tape, age-toned, Good+.

Judges Clagett and Evans assert their duty to strike down Acts of the Legislature that conflict with New Hampshire's Constitution; they do so here. The New Hampshire Court does not merely spring from its Constitution: it also has "a common law existence and jurisdiction," and thus "all the powers of these high Courts in England," which they here delineate. They review the Constitutional protections and separately delegated powers accorded the judicial branch of government, and invalidate-- in passionate and injudicious language-- the Legislature's attempt to abolish the Superior Court of Judicature and create another one in its place.
FIRST EDITION. I Harv. Law Cat. 389. AI 28147 [5]. Cohen 1129. Not in Marke, Marvin, Eberstadt, Decker. (Inventory #: 18286)