Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-12-06
First it was beauty and now it is the
beast, in the horse-snow building.
THE JURISDICTION ISSUE.


invaidatc and upset the Virginia Consti
tuition were dismissed in the United States
Circuit Court on the ground that they
were in effect suits against the State
and. therefore, the Federal judiciary was
barred jurisdiction by the eleventh
amendment to the Constitution. AS upon
the appeal, the first question which will
come before the Supreme Court will be
that of jurisdiction, and on that the whole
issue may turn; brief history OF the
eleventh amendment. how it came about
and what it was intended to effect. may
not pl owe unintertsting.
It grew out of the case of Chisholm
against the State of Georgia, whic. was
an action Of assumpsit instituted In the
United States Supreme Court under its
original jurisdiction at the August term,
1892. and decided at the February term,
1888, following. The State of Georgia was
hailed into court on q writ served on
her Governor and Attorney General: and
here we have a parallel to the proceeding
against Eirginia's Governor and tho other
sers. The defendant refused to make
any general appearance in the persons
of her Governor and Attorney General, but
presented by her attorneys a written re-
monstrance and rrotestation against the
exercise of jurisdiction in the case. CHS
holm was a citizen of South Carolina.
and t. tior was commenced under the
ecccrd scc,icn OF the third article of the
Constitution, Which rruvitos that the
judicial l''wrr Gf tie United States shall.
among other matters, extend to contro-
yersies between a State and citizens of
another State. and that the Supreme
Court shall have original jurisdiction in
all cases IN which 4 State shall be a par
ty. Tie court at the time was constituted
as follows: John Jay. of New York. chief
justice, and Associate Justices James Will
son, of Pennsylvania; William Gushing,
Of Massa chusetts; John Blair. of Virginia;
James Iredell, Of North Carolina, and
Thomas Johnson, OF Maryland. The jus
tees delivered separate opinions. but all
save Ircdeil conculrcu III the proposition
cited made a State liable to he sued for
any legal cause Of action in law or in
equity in the Supreme Court of the United
State by a citizen or citizens Of an
other State Iredclrs dissenting opinion
in the case. which Mr.. Justice Miller, in
his able work en- the Constitution, pro
nounces "a very learned one" raised
squarcly the issue of State sovereignty as
Il is involved in the proceedings against
Virginia
The case attracted widespread attention
and created profound feeling. To quote
MIR. Justice Miller again: This PROPOSE
ton Uhe proposition sustained by the
majority (which. as Mr.. Randolph. the
Attorney General of the United States
VINO argued the case for Chisholm, said
was so unpopular that he had been
warned against the consequences of press
ing it upon the court. received with
great disfavor. The result was that Con
gross Immediately proposed the eleventh
amendment to the Constitution, which
WAS ratified by the States as soon as they
mao an opportunity 10 vote on IT., a:lG
which reads:
The judicial power of the United States
shall not be construed TO extend to any
suit in law or equity. commenced or pros
ecutcd against one of the United States
by citizens of another State. or by cti-
zens or subjects Of any foreign State"
This amendment, taken with what;.it
negates in the section of the original
Constitution it amends. is recognition CT
the broad principle of the non-suab ilty Of
a sovereign by a subject (citizen) under
any circumstances. except by consent.
1t is the principle that obtained with the
Supreme Court in the case of Attorney
General Ayers, and non-recosnition OF
which in an opinion by Mr.. Justice Stan
ley Mathews led one of his associates in
dissenting to say of that opinion that i:
was "a jingle OF words to :. CO.
cree a sovereign State, or some
thing to that effect. And in con
nection with the whole matter it is
exceedingly interesting to note that in her
early fight for the principle. Georgia.
whose Legislature made any attempt to
enforce the decree of the court punish
able with death, received her first sup
port from Massa chusetts, where suffrage
is now restricted