This suggestion to take their case to the United States Courts was never acted upon by the Saints, nor does it appear in what manner it would have been practicable for them to do so. True it is expressly provided in the Constitution that "The Judicial power of the United States shall extend to all cases in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to controversies between two or more states; between a state and citizens of another state; between citizens of different states; between citizens of the same state," etc. [13] The case of the Saints would fall either under the clauses in the above quotation respecting controversies arising between a state (Missouri) and citizens of another state (the Saints, now citizens, of Illinois); or "between citizens of different states," the Saints, citizens of Illinois, and their former persecutors, citizens of Missouri. In considering the question under the first clause it must be remembered that the eleventh amendment to the Constitution (declared in force 1798) provides that {XXVIII} "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state." It is held that "the power as well as the dignity of a state would be gone if it could be dragged into court by a private plaintiff." [14] The Supreme Court in the case Chisholm _vs_. the State of Georgia, had decided (1793) that an action did lie against the State of Georgia at a suit of a private plaintiff. The state however refused to appear, whereupon the Supreme Court proceeded, a year later, to give judgment against her by default in case she should not appear and plead before a day; whereupon there arose such a storm of protest, not only in Georgia, but in the other states as well, that the eleventh amendment was adopted exempting a state from being sued in the courts of the United States by citizens of another state, or by citizens subjects of any foreign state. Moreover, states are not suable in any event except with their consent; [15] and if a state waive its immunity, it may attach any conditions it pleases to its consent. [16] Under these circumstances it is not surprising that the Saints never attempted to bring Missouri before the United States courts. They could only have planted suit against the state by its consent, and if she consented, then under such conditions as she might be pleased to attach to that consent. Moreover, the Saints had the best of reasons for believing that Missouri would never consent.