Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/630

 622 controversies between a state and citizens of another state; and in controversies between a state and foreign states, citizens, or subjects. And it is only in those cases, where, previous to the constitution, state tribunals possessed jurisdiction, independent of national authority, that they can now constitutionally exercise a concurrent jurisdiction. Congress, indeed, in the Judiciary Act of 1789, (ch. 20, §§ 9, 11, 13,) have manifestly legislated upon the supposition, that, in all cases, to which the judicial power of the United States extends, they might rightfully vest exclusive jurisdiction in their own courts.

§ 1749. It is a far more difficult point, to affirm the right of congress to vest in any state court any part of the judicial power confided by the constitution to the national government. Congress may, indeed, permit the state courts to exercise a concurrent jurisdiction in many cases; but those courts then derive no authority from congress over the subject-matter, but are simply left to the exercise of such jurisdiction, as is conferred on them by the state