Bank of the United States v. Martin

ERROR to the district court of the United States for the district of Alabama.

Mr Webster stated, that on inspecting the record of the proceedings in the court below, he was satisfied the district court of Alabama had not jurisdiction of suits instituted by the bank of the United States. It has already been decided that the courts of the United States have jurisdiction in suits brought by the bank, only by virtue of the special provision in the charter; and the right of the bank to sue in the district court of Alabama is not given by the act incorporating the bank. He refered to the tenth section of the act of congress of September 1789: and to the act of the 21st of April 1820, constituting the courts of Louisiana. The Bank of the United States vs. Deveaux, 5 Cranch, 61. 2 Peters's Cond. Rep. 189.

Mr Chief Justice MARSHALL delivered the opinion of the Court.