1793.
United States shall be a party; (5.) To controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State, claiming lands under grants of different States; and, between a State or the citizens thereof, and foreign States, citizens or subjects. The Constitution, therefore, provides for the jurisdiction wherein a State is a party, in the following instances:—1ft.Controversies between two or more States. 2d.Controversies between a State and citizens of another State. 3d.Controversies between a State, and foreign States, citizens, or subjects. And it also provides, that in all cases in which a State shall be a party, the Supreme Court shall have original jurisdiction.
The words of the general judicial act, conveying the authority of the Supreme Court, under the Constitution, so far as they concern this question, are as follow:—&etc. 13.“That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a State is a party, except between a State and its citizens; and except also, between a State and citizens of other States, or aliens, in which latter case it shall have original, but not exclusive jurisdiction. And shall have, exclusively, all jurisdiction of suits or proceedings against Ambassadors, or other public Ministers, or their domestics, or domestic servants, as a court of law can have or exercise consistently with the law of nations; and original, but not exclusive jurisdiction of all suits brought by Ambassadors, or other public Ministers, or in which a Consul, or Vice-Consul, shall be a party.”
The Supreme Court hath, therefore, first. Exclusive jurisdiction in every controversy of a civil nature: 1st.Between two or more States. 2nd.Between a State and a foreign State. 3d.Where a suit or proceeding is depending against Ambassadors, other public ministers, or their domestics, or domestic servants. second.Original, but not exclusive jurisdiction, 1st.between a State and citizens of other States. 2nd.Between a State and foreign citizens or subjects. 3rd.Where a suit is brought by Ambassadors, or other public ministers. 4th, Where a consul or vice-consul, is a party. The suit now before the Court (if maintainable at all) comes within the latter description, it being a suit against a State by a citizen of another State.
The Constitution is particular in expressing the parties who may be the objects of the jurisdiction in any of these cases, but in respect to the subject-matter upon which such jurisdiction is to be exercised, uses the word “controversies” only. The act of Congress more particularly mentions civil controversies, a qualification of the general word in the Constitution, which I do not doubt every reasonable man will think well warranted, for