Gazette Of The United States & Evening Advertiser

LEGISLATURE of NEW-YORK.

HOUSE of ASSEMBLY.

Saturday, Jan. 18, 1794.

A resolution of the house, "That in all suits in which this state is a party, it is the duty of the attorney-general, ex officio, to defend the rights and interest of this state,"—passed in consequence of a letter from the attorney-general, requesting instructions relative to the suit brought against this state, in the Supreme Federal Court, by Eleazer Oswald—having been non-concurred by the Senate; the following resolution transmitted by the Senate for concurrence, was taken up, and is in the words following—“Resolved, if the hon. the Assembly concur therein, that the attorney-general appear for this state, in the Supreme Court of the United States, to the suit brought by Eleazer Oswald, administrator of the goods, chattels and credits of John Holt, deceased, and that he make the best defence therein the nature of the case will admit." And after some time spent thereon, the house divided on the question for concurrence, ayes 12—noes 44

The house adopted the following resolution—

"Resolved, as the sense of this house, that it is the duty of the attorney-general, ex officio, in all controversies in which this state is, or may be a party to appear and defend the interest of this state."

Friday, Jan. 24, 1794.

Mr. Havens from the committee appointed on the part of this house—to meet a committee appointed on the part of the Senate, to take into consideration that part of the Governor's Speech, which relates to the communications received from the states of Massachusetts and Virginia, relative to the suability of a state, and, also relative to a suit brought against this state: Reported, That the committee had met the committee appointed on the part of the Senate, and that they had concurred in a resolution which he was directed to report to this house. He read the resolution in his place and delivered the same in at the table, where it was again read, and is in the words following, viz. Resolved, That the power of compelling a state to be made defendant in any court of the United States, at the suit of an individual or individuals is in the opinion of this Legislature unnecessary and inexpedient and in its exercise may be dangerous to the peace—the safety and independence of the several states. Therefore resolved, that the Senators representing this state in the Senate of the United States, be and they are hereby instructed, and the Representatives requested to adopt the most speedy and effectual measures in their power to obtain such amendments in the Constitution of the United States, as will remove any clause or article of the said Constitution, which can be construed to imply or justify a decision that a state is compelable to answer to any suit by an individual or individuals in any court of the United States—and the Governor is hereby requested to communicate the foregoing resolution to the supreme executive of the several states.

Ordered, That the said resolution be committed to a committee of the whole house.