Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/551

§ 1673. The next clause extends the judicial power "to controversies between two or more states; between a state and the citizens of another state; between citizens of different states, claiming lands under grants of different states; and between a state or the citizens thereof, and foreign states, citizens, or subjects." Of these, we will speak in their order. And, first, "controversies between two or more states."^[1] This power seems to be essential to the preservation of the peace of the Union. "History" (says the Federalist,^[2])

gives us a horrid picture of the dissensions and private wars, which distracted and desolated Germany, prior to the institution of the imperial chamber by Maximilian, towards the close of the fifteenth century; and informs us at the same time of the vast influence of that institution, in appeasing the disorders, and establishing the tranquility of the empire. This was a court invested with authority to decide finally all differences among the members of the Germanic body.^[3]

But we need not go for illustrations to the history of other countries. Our own has presented, in past times, abundant proofs of the irritating effects

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his individual capacity contracted for all expenses. He alone had the disposition of the public money. But since that time, the supplies had been appropriated by parliament to particular purposes; and now, whoever advances money for the public service, trusts to the faith of parliament." Id. 176. But see Buller J.'s opinion, in the same case. See also Mr. Justice Iredell's opinion in Chisholm v. Georgia, 2 Dall. R. 437 to 445.

1. In the first draft of the constitution, the words were to controversies "between two or more states, except such as shall regard territory or jurisdiction." The exception was subsequently abandoned. Journal of Convention, p. 226.
2. The Federalist, No. 80.
3. See also 1 Kent's Comm. Lect. 14, p. 277, 278, (2d edition, p. 295, 296;) 1 Robertson's Charles V. p. 183, 395, 397.