Page:The Supreme Court in United States History vol 1.djvu/127

Rh never became law. In Congress, a resolution for an Amendment to the Constitution to counteract the effect of the case had been introduced into the House, February 19, 1793, the day after the decision, as follows : "that no State shall be liable to be made a party defendant in any of the Judicial Courts established or to be established under the authority of the United States, at the suit of any person or persons, citizens or foreign- ers, or of any body politic or corporate whether within or without the United States." On February 25, the Sen- ate tabled another resolution, which was re-introduced January 2, 1794, and which finally became the Eleventh Amendment that : " The Judicial power of the United States shall not be construed to extend to any suit in law or equity, conunenced or prosecuted against one of the United States by Citizens of another State, or by Citi- zens or Subjects of any Foreign State." Though this Amendment was agreed to by the Senate, January 14, 1794, by a vote of 23 to 2, and on March 4 by the House by a vote of 81 to 9, it was not until January 8, 1798, nearly four years later, that the necessary niunber of States ratified it. New Jersey and Pennsylvania refused to ratify and South Carolina and Tennessee failed to take any action. As soon as ratification took place, however,