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Page:United States Reports, Volume 2.djvu/437

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Bonus: Court of the United Sum-. agr 'lhtited Stem {hall be a party; (5.) To contmverlies betwent two r 79} or more States; between a State and citizens of another State; vw`! between citizens of ditterent States; between citizens ef the fame State, claiming lands under grants of dillierent States; and, between a State or the citizens thereof, and fo- reign States, citizens or l`ubje&s. The Conllitution, therefore, provides for thejurifdiélion whereina State is a party, in the following inliances :- gf. Oontroverlies between two or more States. ai Controverlies between a State and citizens of ano- therState. gd. Cotttroreries between a Stare, and foreign States, citizens, or f`ul3Ie&s. And it alfo provides, that in al cafes in which a State all ho a party, the Supreme Courtihali have original jurifdiélinn. - The words of the general judicial a&, conveying the autho- rity of the SupremeCourt, under the Conllitution, fo far as they concern this quellion, are as follow :-8:8. rg. ¢¢ That the Supreme Court {hall have exclulire jurifdiélion of all con- uoverlies of a civil nature, where aStare is a party, except be- tween a State and its citizens; aud except alfo, between a State and citizens of other States, or aliens, iu which latter cafeit {hall have original, but not exclulive jurililiéliort. And fhall have, exclulively, all jurifdiéliort of fuitsor proeeoings againk Ambalfadots, or other public Minillers, or their domcllics, or domellic fervants, as acourt of law canhare or exereife oonlill tently with the law of nations ; and original, but not exelufrve jurifdi€tion of all fuits brought by Ambaiiulors, orotherpub- lic Miniiers, or iu which a Conful, or Vice-Canful, {hall be 1. arty." P The Supreme Courtltath, therefore, mtsr. Exdtjm jurifdic. tion in every cuntroverfy of a civil nature : yl'. Between two or more States. ad. Between a State and a foreign State. gi. Where a fuit or proceeding is depending agaiuft Ambaditdors, other public miniflers, or their domellics, or domeilie fervants. secotm. Onigiual, but not exclulive jurifdiélion, yl. between a State and citizens of other States. ad. Between a State audfo- reign citizens ot fubjeéh. gd. Where a fuit is brought byAmbaf- fadors, or other public minillers. 416, Whetea conful or vice- conful, is a party. The lixit now before the Court (if main- ttainable at all) comes within the latter defcription, it being a ·fuit againlk a State by a citizen of another State. '1" he Conllitution is particular in exprelhng the yarder who may be the ol2e&s of the jurifditlion in any of thefe cafes, but in rcfpeét to t e fubjeéi-matter upon which fuch jurifdiéiion is to bcexercifed, ufes the word •• controverlies" only. The a€t of Cougreji more particularly mentions civil controverlies, s qualification of the general word in the Cnnltitutiott, which { do not doubt every rcafonable man will think well wmatttcd, for r: