The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-04-20


\ bill has been introduced into our state
Senate by Mr. JAMES +. PIERCE to cvadc the
operation of the eleventh amendment TO the
Constitution of the United States. That
amendment provides that the Federal ju-
dicial power shall not be construed tucXtcnd
to amy suit in law or equity commenced
or prosecuted against one of the United
States by citizens of another state. The
citizen # New York, for example, who holds
"A rcpudiatcd obligation of South Carolina
for which he has trustingly and foolishly
paid out his money. wants To recover it, of
course. lie finds himself unable to do 50 in
the courts of South Carolina, and then he
gins TO think that the courts of the national
Government ought To AFFORD him some re-
dress. This is unreasonable as he might
have known long before he ever bought n
bond. If lie had taken the trouble To read and
remember the fundamental law of the land.
Having learned, however, that States are
permitted To sue one another in the Supreme
Court. ho wants TO turn into "a State ut once.
In default of this he diligently seeks for
some legal mctcmp-ychosis which shall
transform his claim into claim In behalf Of
his State: and this is the object sought to
loo accomplished in such cases 10y Mr.
PIERCEs bill.
Any citizen of New York owning n claim
against any of tho United States, arising
upon written obligation to pay money.
which shall have been issued by such state
aud shall be past due and unpaid, Is author
lied by this bill to assign such claim 10 the
people Of the State of New York. The At
..lft
and the evidence To- support it. II he finds
II valid. Just. and equitable. he Is to bring
such suits. actions. or proceedings, in
the name Of the People or of the State
Of New York, a. he shall deem ncces-
sary to recover tine money due there
on. These must he brought in the SUI
prcme Court OF the United States. The
expenses of the proceedings are to Ice borne
by the assignnr. the real owner of the claim,
who must secure their payment 10y - de-
post; lac may a~-ociatc private counsel
with the Attorncy-ticncral in the conduct
of the ease; and finally, he i 10 receive
the whole amount Of the recovery, les
all EXPENSES not previously betrayed by
him.
There never was more transparent effort
to evade the Constitution than this Is. 1t
proposes that the State of New York shall
20 into the highest tribunal of the land
with "A false representation on the lips Of its
chief law officer How can he truthfully
aVow that such case as this bill provides
for is really controversy between two
States 1t can be made To appear 81 only
by the himsicst fiction. There Will be- no
consideration for the assignment of the
claims To the people of this State. In our own
State courts actions must he brought in the
name of the real parties IN interest, and it
il extremely doubtful whether such an as
signmcnt would confer upon the people any
right Of action even here. What actual i'll
tcrcst can this State have anywhere, IN
enforcing Il private claim for which 1t has
never paid and from which it can never
realize Il single dollar;
IT is plain that the measure is simply a
subtelfuge dc .igncd TO enable citizens OF
one State to prosecute Il different state IN
the Federal tribunals, contrary to an cN-
press provision of the Constitution. A.
such, it Is discrcditlblc to the legislation OF
an honorable State. There is abundant rea-
son for desiring the establishment of some
| lawful and practicable means OF peacefully
compelling state, 10 fulfil their contracts
but no method should succeed and we arr
convinced that no method can succeed
which Is based on ialschood.