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Page:United States Reports, Volume 2.djvu/413

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Semen: Comer of the United stain. 4o-;

 It is true, perhaps, as the counfel has fuggelled, that tyga.

the defendant below pleaded the conlifcation acl of Georgia in -/Y* bar to the action; but it is a fuihcient anfwer to this argument, that the State was not a party; and no right can be defeated, in law, unlefs the party claiming it, has himiiclf an opportunity to fupport it. If the State of Georgia was entitled to the bond, lhe is equally entitled to the money 'levied by the marfhall in fatisfaclion of · the bond, or rather of the judgment rendered upon it: And as the execution direéls the marfhall to pay the amount to the plain- tilfs below, I can perceive no other mode of preventing a compli- ance, while we enquire into the right of receiving the money, than that of iiliting au injuuflion to {lay it in the hands cf the oEcer. · _ It appears to me to be too early, likewife, to pronounce an opi- nion upon the titles in colliiion; {ince it is enough, on a motion of this kind, to lhew a colorable title. The State of Grow-gin has fer up her conlifcatiou acl, which certainly is a fair foundation for future judicial invefligation; and that an injury may not be done, which it may be out of _ our power to repair, the injun£lion ought, I think, to iil`ue, till we are enabled, ‘ by a full enquiry, to decide upon the whole merits of: the cafe. ` — Wxzsou, yiylioe, I confefs, that I have not been able to form `ati opinion which is perfeftly fatisfa&ory to my own mind, upon the points that have been difculfed. If Georgiahas a right to the bond, it is ftriétly a legal right; but to enforce a llriétly legal right, the prefent feems, at the iirll: blulh, to be an awkward and irregular proceeding. Again: Georgia had not a right, or {he had a right, to be admitted to a hearing in the Circuit court: but, in ·the former cafe, it would be no ground of complaint, that het application was rejected; for, fhe is bound _ by the law; and in the other cafe, {he would be entitled to bring the l`ubje£l: before us, as a court of law 5 lince lhe was refufed _.»_ the exercife of a legal right. ‘ It is true, that, under the Federal Conltitution, an inferior . tribunal cannot compel a State to appear as a party; but it is at very diifercnt propolition to fay, that a State cannot, by her own confent,;a,;.·pgar»in any other court, than the Supreme court. _ The MLC?} rule applies among all fovereigns, who, as equals,

 are notamienable to courts of each other; and yet I remember

an action was inltituted and fultained, fome years ago, in the name of Louir,XVI. king of France, againll; Mr. Robert Jlforrir, in the Supreme court of Pennfylvania. Under theft: impreilions, I am tlifpofcd to think, that the State of Georgia ought rather to have fued out a writ of error, than to have atked for an injuwitionz But {till, in the exifting circunnllanccr