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The defendants were represented by George M. Brady, Roger Howell, Jacob M. Moses and Assistant Attorney General Lindsay C. Spencer. The case occupied four full days and the petitioners lost. Judge Heuisler ruled that the power to amend the Constitution of the United States granted by the Fifth Article thereof is without limit except as to the words, "equal suffrage in the Senate."
The States arraigned as having illegally ratified were West Virginia and Missouri. The case came before the court of common pleas, Judge Heuisler presiding. Besides Mr. Marbury the attorneys for the petitioners were Thomas Cadwalader, Senator Frick and Everett P. Wheeler of New York.
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