Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/599

 CH. XXXVIII.] § 1716. The next inquiry is, whether the eleventh amendment to the constitution has effected any change of the jurisdiction, thus confided to the judicial power of the United States. And here again the most satisfactory answer, which can be given, will be found in the language of the same opinion. After quoting the words of the amendment, which are, "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 states by citizens of another state, or by citizens or subjects of any foreign state," the opinion proceeds: It is a part of our history, that, at the adoption of the constitution, all the states were greatly indebted; and the apprehension, that these debts might be prosecuted in the federal courts, formed a very serious objection to that instrument. Suits were instituted; and the court maintained its jurisdiction. The alarm was general; and, to quiet the