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THE SUABILITY OF A STATE. 465
the citizens of another State, the cause of liberty and
the rights of men forbid that the latter should be the
sole judges of the justice due to the latter ; and true
republican government requires that free and equal
citizens should have free, fair, and equal justice. 9th.
To controversies between citizens of the same State
claiming lands under grants of different States ; because, as the rights of the two States to grant the
land are drawn into question, neither of the two
States ought to decide the controversy. 10th. To
controversies between a State or the citizens thereof;
and foreign states, citizens, or subjects; because, as
every nation is responsible for the conduct of its citizens towards other nations, all questions touching
the justice due to foreign nations or people ought to
be ascertained by, and depend on, national authority.
Even this cursory view of the judicial powers of the
United States leaves the mind strongly impressed
with the importance of them to the preservation of
the tranquillity, the equal sovereignty, and the equal
rights of the people.
The question now before us renders it necessary
to pay particular attention to that part of the 2d
section which extends the judicial power "to controversies between a State and citizens of another
State." It is contended that this ought to be construed to reach none of these controversies, excepting
those in which a State may be plaintiff. The ordinary rules for construction will easily decide whether
those words are to be understood in that limited
sense.
Vol. Ill—30.
| Title | The correspondence and public papers of John Jay - 3 |
| Creator | Jay, John |
| Publisher | G.P. Putnam's Sons |
| Place of Publication | New York, London |
| Date | [1890-93] |
| Language | eng |
| Type | Books/Pamphlets |
| Title | 00000500 |
| Type | Books/Pamphlets |
| Transcript | THE SUABILITY OF A STATE. 465 the citizens of another State, the cause of liberty and the rights of men forbid that the latter should be the sole judges of the justice due to the latter ; and true republican government requires that free and equal citizens should have free, fair, and equal justice. 9th. To controversies between citizens of the same State claiming lands under grants of different States ; because, as the rights of the two States to grant the land are drawn into question, neither of the two States ought to decide the controversy. 10th. To controversies between a State or the citizens thereof; and foreign states, citizens, or subjects; because, as every nation is responsible for the conduct of its citizens towards other nations, all questions touching the justice due to foreign nations or people ought to be ascertained by, and depend on, national authority. Even this cursory view of the judicial powers of the United States leaves the mind strongly impressed with the importance of them to the preservation of the tranquillity, the equal sovereignty, and the equal rights of the people. The question now before us renders it necessary to pay particular attention to that part of the 2d section which extends the judicial power "to controversies between a State and citizens of another State." It is contended that this ought to be construed to reach none of these controversies, excepting those in which a State may be plaintiff. The ordinary rules for construction will easily decide whether those words are to be understood in that limited sense. Vol. Ill—30. |
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