a Court of Equity would not tolerate. In such cases, where foreigners were concerned on either side, it would be impossible for the Fœderal judicatories to do justice without an equitable as well as a legal jurisdiction. Agreements to convey lands claimed under the grants of different States, may afford another example of the necessity of an equitable jurisdiction in the Fœderal Courts. This reasoning may not be so palpable in those States where the formal and technical distinction between Law and Equity is not maintained, as in this State, where it is exemplified by every day's practice.
The Judiciary authority of the Union is to extend,
Second. To treaties made, or which shall be made, under the authority of the United States, and to all cases affecting Ambassadors, other public Ministers, and Consuls. These belong to the fourth class of the enumerated cases, as they have an evident connection with the preservation of the National peace.
Third. To cases of admiralty and maritime jurisdiction. These form, altogether, the fifth of the enumerated classes of causes, proper for the cognizance of the National Courts.
Fourth. To controversies to which the United States shall be a party. These constitute the third of those classes.
Fifth. To controversies between two or more States; between a State and citizens of another State; between citizens of different States. These belong to the fourth of those classes, and partake, in some measure, of the nature of the last.
Sixth. To cases between the citizens of the same State, claiming lands under grants of different States. These fall within the last class, and are the only instances in which the proposed Constitution directly contemplates the cognizance of disputes between the citizens of the same State.