New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-04-09


was sustained by the court Irede of North carolnO
alone dissenting In his opinion Justice Wilson gave
utterancs sentences which shook the Nation In an
instrument well as IN poem well composed silence
is most expressive" TO the Constitution the term SOW
ereIgnty Is unknown the term sovereign has for ts
correatlve subject the citizens OF Georgia when they
acted upon the large scale Of tho Union part OF tho
people the United States did not surrender the su-
preme power to that State but as to the p
poses OF the Union retained 1t to themselves Therefore,
Georgia is q sovereign State" State Ike mer-
chan. makes contract dishonest State like dishonest
merchant wilfuy refuses discharge IT. the latter Is
amensbe court OF justice upon general principles OF
right shall the former when summoned to answer the ar
demand OF ts creditor be permitted ProteuSkc 10 assume
new appearance Insult him and justice by decar
Ing Il am n Sovereign state r The sovereign when
traced 10 hs source must be found in the man. Justice
Blair Vlrgnia in the Of his opinion said; Let Us
go far and II at the end OF the BUSINESS
Notwithstanding the powers given US IN the Hth section
OF the Judicial Law. meet difficulties nsurmountaoe
us leave 1t to those departments OF Govern
ment which have higher powers" Justice Gushing MAS
sachusetts said The rights Of individuals and the justice
them dear and precious as those OF States
Indeed the latter founded the former and the great
object Of them must be TO secure and support the
rights OF individuals elsa vain is government Chief
Justice Jay observed that Georgia was at that very time
suing two citizens of South Carolina in that court ana
pointed the correlation between the right to sue and
liability TO be sued
The temptation 70 invest with patriotic pride DIS
inclination TO pay debts strong Sovereignty
trembling with entity and terror hastened 70
answer the Supreme Court with the XIth Amendment
It was introduced the Senate January . 1874
On the 14th Albert Gallan tried to amend the amend
ment nrst by adding Except in cases arising under
treaties made under the authority Of the United States
that having failed, by adding; -where the cause OF
action shall have arisen before the ratification Of this
amendment" Perhaps this effort TO strip reputation
Of its patriotic purple BY revealing while processing to
satisfy It's dread Of British debts" the means Of
unseatlng Gallaun. One other name rutherford or
NewJersey stands this small roll q honor in the
Senate This post facto law, nfraction Of treaty
and lnparIng of contracts all IN one passed In tho
Senate by % to .. In the House Elias Boudinot OF
Pennsylvania moved to add: where such State shall
have previously made provision in their own courts
whereby such suits may be prosecuted to effect" Not
wthstanding the gallant fight made by Boudlnot and his
comrades, the original passed BY n to g. Inc names
stand IN two columns the House Journal tNoL liz
one headed with the name Of Fisher Amos the othei
with that OF james Madison. 'The phrase commenced
or prosecutcdo in the XIth Amendment was avowerJ
contrivod to have retrospective bearing on the Georgia
case Chisholm was, therefore derauded OF his Judg'
ment by the very which awarded It, no further
action being taken until after the proclamation Of the rat
fed Article in 17os when that and all suits against
States were swept from the records by the unanimous
decision OF the Justices Holingsworth. ct al, Wiz
gina.
It was an inevitable result OF this XIth Amend
ment that plaintiffs against States were driven 70 seeA
redress By devices-cheny by avoiding the use OF the
stae,s name on hs record Tho decision OF Chief JUS
tice Marshall Osborn v. Bank Of the u s., wheaton,
established modus vivendi with the new Article ahu
the principles laid down bear equally on the naohV o.
state to It's citizens and those OF other states
The Chief Justice asked where we are landed oy
nal Of the liability Of the agents Of Stats N suits ana
as we arc Just now landed there the summary OF present
interest:
denial of Jurisdiction forbids all inquiry into tn, the
- apr1in
in themselves TO coses whore the Government Is in TIE
exercise OF its but shed ana mgs sts5
II asserts that the agents State alleging the authority
9 on law m. ySG resist IL i Ss q the
states MAINTAINS that Ioo Se n snt the execution Of
any law Of the United states Il may levy thai nne OF
6 Psna IT, Own W c6arts and that individual though he
perceive the approaching danger can bo SyernTn NE
carrier Of the mail, the collector q the revenue, '9
be- inhibited under various penalties from the perform
OF their respective duties The waras S SI psna
lies The person thus Obstructed In me TO-
s ms GUY bs nston OF an Injury but cannot avail himself
Of the preventive justice q ths Nation to DfSee Of h
Wni Se 2 eapaSs w Of attacking the Naton Gf
ans escyey IN the execution Of rs designs while
the Nation stands helpless stripped on us nne
nnGr and Stba nSsRao an BY pSocSedne Which E
pfeH be ineTccua from tho inability Of the agents to
make compensation ,,
In October last CHER Jpsu9o Nafshails 'NVi"J
built refuge from all these Liabilities crum0ed away
rc supreue Court decided in the Vir1na coupon ease
that II must 90 behind the record and hnd whether any
state IS the real party interested whether nonhhaAy
such or not 1t can nterpose only after an inquiry -
inelcoA Ifa man offers Virginia coupons Tor his taxes
m ac,ordanco with contract on Them the state may
refuse them and prosecute him for the amount in cur
renew he cannot prevent the prosecution nor te cos's
and trouble entled but II his property Is olsuAheu
be can obtain redress Under this decision virginia mas
successfully nunhed the CONSTITUTIONS provision
impai,ing contracts BY entering judgments
.,alns. all who offer coupons for taxes
and steadily estimating interest IL clouds each vctHS
title to his estate, bringing him TO terms ~ may "
that the Supreme Court VIII some day decide tnat such
cumulative judgments with consequent injury to estates
are actual wrongs within It's jurisdiction; but even
that should occur could do moro than relieve one
victim or another who happened TO have the means anu
the hubble spirit 70 defend his cause The large mass Gan o
he rescued from the effect OF m UNCONSTITUTIONAL Ia" oy al
Injunction on the administration Of that law ana ths IL
5 now decided cannot DO done IN tho case Oh "cns VI
citizens OF another State Such is tho evolution Of the
XIth Amendment
Should IL now be decided that State has immunity
from suit by citizens. the results may prove ''0
er,ous than the dsaster English bondholderS There
could be nothing to prevent the virtual re-esaoushment
~ saverv nv any State. Prudence might suggest some
other name for IT. might be called ReadIustment OF
Labor for but unless state can Dc heo re-
sponsbie through It's ministers. what could prevent IL
from turning any portion OF us popua'lOh "Vo ''''
For under the decision there can be no test esse
II sambo can obtain the means to reach the supreme
Court and secure his rights then sambo Is fghed but
Il does no. help Cu1ee who must 20 through the same
process and when sambo Cufee and handful OF others
have secured justice. in the course OF many years. az
that will not have helped the mass OF sufferers VI
course ~ these consequences from the remnants OF
Rackstonian or antedluvan sovereignty" left to the
states by our Constitution. they must be admitted But
the fact that the right Of State to rcpud9te alien Claims
had to be secured by amendment necessated by de-
esion against such right indicates that the spirit Of the
Constitution on the other side. Except In the particu-
lars STRENGTHENING stability By alien or citizen OF
another Sate-the instrument be regarded rs hlrno-
NOUS with security OF citizens from loss OF llfe liberty
and property without due process OF law and with the
obligation Of contracts. As the stability Of State by
its citizens is expressly recognized In the Judicial Act
Soc 49,, and citizens not included among those
disqualified from suing by the XIth Amendment we may
forecast with some confidence the approaching judicial