sonable doubt, as to the propriety of giving to the national courts jurisdiction of cases, in which the United States are a party.[1] It would be a perfect novelty in the history of national jurisprudence, as well as of public law, that a sovereign had no authority to sue in his own courts. Unless this power were given to the United States, the enforcement of all their rights, powers, contracts, and privileges in their sovereign capacity, would be at the mercy of the states. They must be enforced, if at all, in the state tribunals. And there would not only not be any compulsory power over those courts to perform such functions; but there would not be any means of producing uniformity in their decisions. A sovereign without the means of enforcing civil rights, or compelling the performance, either civilly or criminally, of public duties on the part of the citizens, would be a most extraordinary anomaly. It would prostrate the Union at the feet of the states. It would compel the national government to become a supplicant for justice before the judicature of those, who were by other parts of the constitution placed in subordination to it.[2]
§ 1669. It is observable, that the language used does not confer upon any court cognizance of all controversies, to which the United States shall be a party, so as to justify a suit to be brought against the United States without the consent of congress. And- ↑ The Federalist, No. 80; 3 Elliot's Debates, 280, 281. See also 2 Elliot's Deb. 380, 383, 384, 389, 390, 400, 404.
- ↑ Mr. Sergeant, in his Introduction to his work on Constitutional Law, has abundantly shown the mischief of such a want of power under the confederation. See Serg. Const. Law, Introd. p. 15 to 18.
ed afterwards without any apparent objection. Journal of Convention, 226, 297, 298.
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