1793.
the process on the Attorney-General; although this has satisfied even etiquette itself, by notifying the officer, who is the instrument of defence.
IV.As to the steps, proper for compelling an appearance; these too, not being dictated by law, are in the breast of the Court. I banish the comparison of States with corporations; and, therefore, search for no resemblance in them. I prefer the scheme contained in the motion; because it tempers with moderation the preliminary measures; and postpones embarrassments, at any rate, until the close of the business. It is unnecessary to spend time on this head; as the mode is to me absolutely indifferent if it be effectual, and respectful.
With this discussion, though purely legal, it will be impossible to prevent the world from blending political considerations. Some may call this an attempt to consolidate. But before such an imputation shall be pronounced, let them examine well, if the fair interpretation of the Constitution does not vindicate my opinions. Above all, let me personally assure them, that the prostration of State-rights is no object with me; but that I remain in perfect confidence, that with the power, which the people and the Legislatures of the States indirectly hold over almost every movement of the National Government, the States need not fear an assault from bold ambition, or any approaches of covered stratagem.
The Court held the case under advisement, from the 5th to the 18th of February, when they delivered their opinions seriatim.
Iredell, Justice.This great cause comes before the Court, on a motion made by the Attorney-General, that an order be made by this Court to the following effect:—“That, unless the State of Georgia shall, after reasonable notice of this motion, cause an appearance to be entered on behalf of the said State, on the fourth day of next Term, or shew cause to the contrary, judgment shall be entered for the Plaintiff, and a writ of enquiry shall be awarded.” Before such an order be made, it is proper that this Court should be satisfied it hath cognizance of the suit; for, to be sure we ought not to enter a conditional judgment (which this would be) in a case where we were not fully persuaded we had authority to do so.
This is the first instance wherein the important question involved in this cause has come regularly before the Court. In the Maryland case it did not, because the Attorney-General of the State voluntarily appeared. We could not, therefore, without the greatest impropriety, have taken up the question suddenly. That case has since been compromised: But, had it proceeded to trial, and a verdict been given for the Plaintiff, it would have been our duty, previous to our giving judgment, to have well
