Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
The question was presented for judicial decision in 1792 in an action
brought by Chisholm, a citizen of the state of South Carolina, against
the state of Georgia in the Supreme Court of the United States under
its original jurisdiction.[24] The action was in assumpsit to recover
a debt. The court then consisted of Chief Justice Jay and Justices
Cushing, Wilson, Blair, Johnson and Iredell. On February 18, 1793,
the court held, Mr. Justice Iredell alone dissenting, that under the
Constitution as originally adopted a state could be sued in that court
by a citizen of another state in an action of assumpsit to enforce
the payment of a contract debt. This decision, which was followed by
the commencement of the suit of Vassal _vs._ Massachusetts, created
irritation and alarm among the states, and particularly among those
which were heavily burdened with debt. The anti-Federalist prints were
loud in invectives against the decision, which was termed a violation
of the sovereignty of the states, and it was declared that the people
were "called upon to draw their swords against this invasion of their
rights." It has been said, though with some exaggeration, that "the
states fairly rose in rebellion against the decision." Four states
formally protested. Although Georgia had been the first state to
invoke the original jurisdiction of the Supreme Court, it nevertheless
refused to appear in the Chisholm suit, and filed a remonstrance and
protestation against the exercise of jurisdiction. After the decision,
it openly defied the authority of the national judiciary. Indeed, it
is stated by McMaster, Cooley and other writers that the legislature
of Georgia at once passed a law subjecting to death without benefit
of clergy any officer who should attempt to serve a process in any
suit against the state, but no record of any such statute can be
found. Probably, as some one has suggested, the supposed law was a
bill which passed only the lower branch of the legislature. At all
events, the legislatures of Virginia, Massachusetts and Connecticut
instructed their senators and representatives to secure the adoption of
an amendment to the Constitution which should prevent suits against a
state by an individual.
On February 20, 1793, two days after the opinions in Chisholm _vs._
Georgia were delivered, a resolution was offered in the United States
Senate proposing an amendment of the Constitution in the following
terms: "The judicial power of the United States shall not extend to
any suits 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."
Public-domain text, read in full here on John Shaqi.
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