Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/563

 CH. XXXVIII.] party on the record? If it can, the question recurs, what degree of interest shall be sufficient to change the parties, and arrest the proceedings against the individual? Controversies respecting boundary have lately existed between Virginia and Tennessee, between Kentucky and Tennessee, and now exist between New- York and New-Jersey. Suppose, while such a controversy is pending, the collecting officer of one state should seize property for taxes belonging to a man, who supposes himself to reside in the other state, and who seeks redress in the federal court of that state, in which the officer resides. The interest of the state is obvious. Yet it is admitted, that in such a case the action would lie, because the officer might be treated as a trespasser, and the verdict and judgment against him would not act directly on the property of the slate. That it would not so act, may, perhaps, depend on circumstances. The officer may retain the amount of the taxes in his hands, and, on the proceedings of the state against him, may plead in bar the judgment of a court of competent jurisdiction. If this plea ought to be sustained, and it is far from being certain, that it ought not, the judgment so pleaded would have acted directly on the revenue of the state, in the hands of its officer. And yet the argument admits, that the action, in such a case, would be sustained. But, suppose, in such a case, the party conceiving himself to be injured, instead of bringing an action sounding in damages, should sue for the specific thing, while yet in possession of the seizing officer. It being admitted in argument, that the action sounding in damages would lie, we are unable to perceive the line of distinction between that and the action of detinue. Yet the latter action would claim the specific article seized for the tax, and would obtain it, should the seizure be deemed unlawful.

"It would be tedious to pursue this part of the inquiry farther, and it would be useless, because every person will perceive, that the same reasoning is applicable to all the other enumerated controversies, to which a state may be a party. The principle may be illustrated by a reference to those other controversies, where jurisdiction depends on the party. But, before we review them, we will notice one, where the nature of the controversy is, in some degree, blended with the character of the party.

"If a suit be brought against a foreign minister, the Supreme Court alone has original jurisdiction, and this is shown on the record. But, suppose a suit to be brought, which affects the interest of a foreign minister, or by which the person of his secretary, or of his servant, is to the postmaster-general, to bring suits in his official capacity. In such suits the United States are not understood to be a party, although the suits solely regard their interests. The postmaster-general does