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Page:United States Reports, Volume 2.djvu/431

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SUPREME COURT of {lm Uhflfur Sink;. 42g the name of one body, than the incoherent parts of Nebuebnd- rygg. nazzar': image. The Prince.: wage war without the confent of vw`) tht-ir paramount fovereign; they even wage war upon each other ;nay upon the Emperor himfelf ; after which it will add but little to fay, that they are di{tin& fovereignties. And, yet both the Imperial Chamber, and the Aulie Council hear and de- termine the complaints of individuals againll the Prine·e:.' lt r ll not furely be required to aflign a reafon, why the Con- federa .on did not convey a {imilar jurifdiéliong fince that fcanty and ltriét paper was of fo different a hue and feature from the Conllitution, as fcarcely to appear the child of the fame family. I hold it, therefore, tobe no degradation of fovereignty, in the States, to fubmit to the Supreme Judiciary of the United State:. At the fame time, by way of anticipating an objedion, Iaffert, that it will not follow, from thefe remifes, that the United State: themfelves may be fued. For the head of a con- federacy is not within the reach of the judicial authorities of its inferior members. It is exempted by its peculiar pre-eminem cies. We have indeed known petitions of right, vnaylrnnsde drait, and even procefs in the Exchequer. But the iirll: is in the ftyle of intreaty ; the fecond, being apparent upon the record, is fo fara deduélion from the royal title ; the third, as in the hanlter’s cafe in the i ith volume of the State trials, is applica- ble only, where the charge is claimed againll; the Revenue ; and all of them are widely remote from an involuntary fubjeflion, of the fovereign to the cognizance of his own Courts. 2d. But what if the high independency of diffevered nations remained uncontrouled among the United States, lb far as to place the individual States no more within the fphere of the Supreme Court, than one independent nation is within the jurifdiélion of another? It has been a contell amonglt civilians, whether one Prine: found within the territory of another, may be fued for a contraft.-|~ I do not alfert the aflirmative ; but it is allow- ahle to obferve, that fucha poiition, once conceded, would ii- lullrate and almoil: fettle the prefent inquiry. But the fame au- thor, who repudiatcsthe former idea, is ilrenuous in the opi- nion, that where the efeélr, or property, of one Prine: are refled in the dominion:. of another, the proprietor Prince may be fummoned before a tribunal of that other. Now, ale though, each State has its feparate territory, in one fenfe, the whole is that of the United Stater, in another. The jurifdiélion of this Court reaches to Georgia, as well as to Pbiladehwbia. If therefore, thc procefs could be commenced in rem, the autho- Hhh rity " See Hist. q/' Gurmemic Bari), [». 157. 8. 1{yn/i. .. 3. r. 4.