the language was doubtless thus guardedly introduced, for the purpose of avoiding any such conclusion. It is a known maxim, justified by the general sense and practice of mankind, and recognized in the law of nations, that it is inherent in the nature of sovereignty not to be amenable to the suit of any private person, without its own consent.[1] This exemption is an attribute of sovereignty, belonging to every state in the Union; and was designedly retained by the national government.[2] The inconvenience of subjecting the government to perpetual suits, as a matter of right, at the will of any citizen, for any real or supposed claim or grievance, was deemed far greater, than any positive injury, that could be sustained by any citizen by the delay or refusal of justice. Indeed, it was presumed, that it never would be the interest or inclination of a wise government to withhold justice from any citizen. And the difficulties of guarding itself against fraudulent claims, and embarrassing and stale controversies, were believed far to outweigh any mere theoretical advantages, to be derived from any attempt to provide a system for the administration of universal justice.
§ 1670. It may be asked, then, whether the citizens of the United States are wholly destitute of remedy, in case the national government should invade their rights, either by private injustice and injuries, or by public oppression? To this it may be answered, that in a general sense, there is a remedy in both cases. In- ↑ The Federalist, No. 81. See Chisholm v. Georgia, 2 Dall. R. 419, 478; S. C. 2 Peters's Cond. R. 635, 674; 1 Black. Comm. 241 to 243; Cohens v. Virginia, 6 Wheat. R. 380; Id. 411, 412.
- ↑ Mr. Locke strenuously contends for this exemption of the sovereign from judicial amenability; and in this, he does but follow out the doctrines of Puffendorf, and other writers on the law of nations. See Locke on Government, Pt. 2, § 205; Puffendorf 's Law of Nature and Nations, B. 8, ch. 10; Vattel, B. 1, ch. 4, §§ 49, 50.
