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Page:United States Reports, Volume 2.djvu/473

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Savant: Coon of the Unieelsmer. 46-; Stare: (hall beaparty; to controrerlies between two or more typ;. States and citizens of another State ; between citizens of dif- VVV ferent States; between citizens of the fame State claiming lands under grants of diiercnt States ; and between a State and citizens thereof and foreign States, citizens or fubje£s." 'I`he judicial power, then, is exprefsly extended to “ coutrwerjes l·etwem u Stun- andeifizms g`nmtL·er S!r:t¢·." Vhcn a citizen makes a demand againli a State, of which he is not a citizen, it is as really n controverfy between a State and a citizen of ano- ther State, as if fuch State made a demand againil fueh citizen. The cafe. then, feerns clearly to fall within the letter of the Conlhtution. It may bc fuggelicd that it could not be intended to fubjeét a State to bea Defendant, becaufe it would etiizit the fovercignty of States. If that be the cafe, what {hall we do with the immediate preceding claufe; “ eudrnwjer l·el·u.·.-eu two or more Statc.t,” where a State muil of neeeility be Defen- dant P lf it was not the intent, in the verynext claufc alfo, that a State might be made Defendant, why was it fo exprelied as naturally to lead to and comprehend that idea E Yhy vias not an exception made if one was intended? Again-what are we to do with the lait claufe of the fe&ion of judicial powers, viz. •• Coruraoerjer l·et·ween u jute, or tlv citizen: iberey, and fate: or citizen: ?" Here again, States mult be fuableor liable to be made Defendants by this claufe, which has a limilnrmode of language with the two other claufcs I have remarked upon. For if the 'udicial power ex- tends to a controverfy between one of the ifnitel State: and a foreign State, as the claufe expretlks, one of them mult be De- fendant. And then, what becomes of the fovereignty of States as far as fuing aliieéts it? But although the words appear re- ciprocally to alR:& the State here and a foreign State, and put them on the fame footing as far as may he, yet ingenuity may fay, that the State here may foe, but cannot be fued.; but that the foreign State may be fued but cannot fue. We magouch. foreign fovereignties but not our own. But I conceive rea- fon ot the thing, as well as the words of the Conltitution, tend; to fhew that the Fmderal judicial power extends to a. fuit brought by aforeign State againf! any one ofthe United Slam. One delign of the general Government was for managing the great aEairs of peace and war and the general defence, which were impollihle to be condu€ted, with fafety, by the States p- purntefv. Incident to thefe powerg and for preventing contro- verliesbetween foreign powers or citizens from tiling to extre- rneties and to an appealto the fword, a national tribunal was. necellitry, amicably to decide them, and thus ward off fueh fa- tal, public calamity. Thus, States at home and their citizens, and foreign States and their citizens, are put togctherwithout Nun 1 diiliuétion