[1045] Ib. 103.
[1046] Ib. 104.
[1047] Ib. 108.
[1048] Georgia, Fletcher vs. Peck (see vol. iii, chap, x, of this work); Pennsylvania, U.S. vs. Peters (supra, chap. i); New Jersey, New Jersey vs. Wilson (supra, chap. v); New Hampshire, Dartmouth College vs. Woodward (supra, chap. v); New York, Sturges vs. Crowninshield (supra, chap. iv); Maryland, M'Culloch vs. Maryland (supra, chap. vi); Virginia, Cohens vs. Virginia (supra, chap. vii); Kentucky, Green vs. Biddle (supra, this chapter).
[1049] Annals, 17th Cong. 1st Sess. 113.
[1050] Niles, xxi, 404.
[1051] Ib. The resolutions, offered by John Wayles Eppes, Jefferson's son-in-law, "instructed" Virginia's Senators and requested her Representatives in Congress to "procure" these amendments to the Constitution:
1. The judicial power shall not extend to any power "not expressly granted ... or absolutely necessary for carrying the same into execution."
2. Neither the National Government nor any department thereof shall have power to bind "conclusively" the States in conflicts between Nation and State.
3. The judicial power of the Nation shall never include "any case in which a State shall be a party," except controversies between States; nor cases involving the rights of a State "to which such a state shall ask to become a party."