Rhode Island v. Massachusetts - 36 U.S. 226 (1837)
U.S. Supreme Court
Rhode Island v. Massachusetts, 36 U.S. 11 Pet. 226 226 (1837)
Rhode Island v. Massachusetts
36 U.S. (11 Pet.) 226
In a case depending between the States of Rhode Island and Massachusetts, the senior counsel appointed to argue the cause for the State of Rhode Island by the legislature was prevented, by unexpected and severe illness, attending the Court; the Court, on the application of the Attorney General of the state, ordered a continuance for the term.
Mr. Green, the Attorney General of the State of Rhode Island, moved the Court for a continuance of this cause. He stated that at the session of the General Assembly of Rhode Island in January 1836, a resolution was passed associating Mr. Hazard with the attorney general of the state as counsel in the cause. Mr. Hazard had since been attacked with a disease which was supposed to be temporary in its character, and until within a few days, confident expectations of his recovery, and that he would be able to attend and argue this case, were entertained. By an arrangement with the Attorney General of Massachusetts, attending the Court, this case has been left open in the hope of the arrival of Mr. Hazard. This hope no longer exists, as his indisposition has increased, so as to prevent his commencing the journey from Rhode Island to this place.
Mr. Hazard is the senior counsel in the case, and has been relied upon by the State of Rhode Island to argue it. It was his report, as chairman of the committee of the legislature of the state, upon which the resolution of that body was adopted ordering this bill against the State of Massachusetts to be filed. No other counsel has been employed to argue the cause in the place of Mr. Hazard, and at the advanced period of the session of this Court at which this motion is submitted, no counsel can be prepared to go into the argument.