Page:Nature and Character of our Federal Government.djvu/99

 citizens of another State; between citizens of different States; between citizens of the same State, claiming lands, under grants of different States; and between a State and the citizens thereof, and foreign States, citizens or subjects."

The eleventh amendment provides that "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 United States, by citizens of another State, or by citizens or subjects of any foreign State."

It will be conceded on all hands that the federal courts have no jurisdiction except what is here conferred. The judiciary, as a part of the federal government, derives its powers only from the Constitution which creates that government. The term "cases" implies that the subject matter shall be proper for judicial decision; and the parties between whom alone jurisdiction can be entertained, are specifically enumerated. Beyond these "cases" and these parties they have no jurisdiction.

There is no part of the Constitution in which the framers of it have displayed a more jealous care of the rights of the States, than in the *limitations of the judicial power. It is remarkable that no power is conferred except what is absolutely necessary to carry into effect the general design, and accomplish the general object of the States, as independent, confederated States. The federal tribunals cannot take cognizance of any case whatever in which all the States have not an equal and common interest that a just and impartial decision shall be had. A brief analysis of the provisions of the Constitution, will make this sufficiently clear.

Cases "arising under the Constitution" are those in which some right or privilege is denied, which the Constitution confers, or something is done, which the Constitution prohibits, as expressed in the Constitution itself. Those which arise "under the laws of the United States" are such as involve rights or duties, which result from the legislation of congress. Cases of these kinds are simply the carrying out of the compact or agreement made between the States, by the Constitution itself, and, of course, all the States are alike interested in them. For this reason alone, if there were no other, they ought to be entrusted to the common tribunals of all the States. There is another