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THURLOW v. MASSACHUSETTS

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46 U.S. 504 (1847)

5 How. 504

12 L.Ed. 256

SAMUEL THURLOW, PLAINTIFF IN ERROR, v. THE COMMONWEALTH OF MASSACHUSETTS. JOEL FLETCHER, PLAINFF IN ERROR, v. THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS. JOEL FLETCHER, PLAINFF IN ERROR, ANDREW PEIRCE, JR., AND THOMAS W. PEIRCE, PLAINTIFFS IN ERROR, v. THE STATE OF NEW HAMPSHIRE.

Supreme Court of United States.

January 12, 14, 1847.

March 6, 1847.

Attorney(s) appearing for the Case

It was argued in January, 1845, by Mr. Choate and Mr. Webster, for the plaintiff in error, and Mr. Huntington, for the State. Being ordered to be reargued, it was now argued by Mr. Webster alone, for the plaintiff in error, and Mr. Davis, for the State.

The cause was argued by Mr. Ames and Mr. Whipple, for the plaintiff in error, and Mr. R.W. Greene, for the State.

Ames and Whipple, for the plaintiff in error.

Mr. R.W. Greene, for the State.

It was argued at a prior term, by Mr. Hale, for the plaintiffs in error, and Mr. Burke, for the State, and held until now under a curia advisare vult.

Mr. Hale, for the plaintiffs in error.

Mr. Burke, for the State.

Mr. Chief Justice TANEY.

In the cases of Thurlow v. The State of Massachusetts, of Fletcher v. The State of Rhode Island, and of Peirce et al. v. The State of New Hampshire, the judgments of the respective State courts are severally affirmed.

The justices of this court do not, however, altogether agree in the principles upon which these cases are decided, and I therefore proceed to state the grounds...

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