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Page:United States Reports, Volume 2.djvu/300

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Cutcutr Courrr, Penrggwlvunza Drlirréi. - _

—_ `jffll TCIHI, 1792. •··—€-—• Prefent-Wtmson, Bum and Pmus, _7r_¢'it-ex, I ‘ Cor.r.1a·r· verfur Cor.1.a·r. i HIS was a bill in Equity, which {lated the complai- b· $3iAT nant to be af:@ec'l' gf his B»·r7nnni¢· M·gj¢_;0y, and tl1¢Re- fpondent to be a citizen of 1’nni@.mnia. The Rcfpondent in his plea averted, that the complainant was a citizm gf Pmnjjl- zwnia; and this plea, if true, deprived the Court of its j1·rifdic· tion, as the Federal Courtscannot (unlefs in fome particularly fpecilied cafes) take cognizance of controvcrlics between citizens of the jam: Stair. The queflion was argued on the a1ll:of zl- pril by Randolph and Serjumt, in fnpport of the bill, and by M. Lapin fupport of the exception to the jurifdiétion. It then appeared, that the complainant was born in the [/Izgf Mun, part of the Briijfb dominion:. ; but it was certified, by the Mayor of Pbiiadchtbia, that on thc goth of zlprit 1790, he had taken thc oath uf allegiance to the‘State of }’emy`ylu.mia, a- grceably to an aét of the General Aflembly, pallkd the rgth of Mnrcb 1789. 2 Val. Dall. Ediz. p. 677. founded on the 42 fee- tion of the old Cunitlitution. 1 Vol. p. 60. in App. It was, like- wifc, lhewn by a certificate from the Collcétor of rhe_Cull.oms of the port of .f’bi[n¢.P:Q·/Zia, that on the gth of N&Wm[‘tf_l790, he was commander of ti-: /`@au, an American lhip ; and the 6th fec- rion of the att of Ccrggr¢, for regillering and clearing velli:ls{(.b. ‘ 1 r, paflizd r Siptrnilw 1789.} provides, that no rrgillry thall be math: of any Amuimu fhip, until it is fworn (among other things) that •* the prcfcnt mailer is a citizen of the United Sr.zte.<." I R