some mode ought to be provided, by which a pecuniary right against a state, or against the United States, might be ascertained, and established by the judicial sentence of some court; and when so ascertained and established, the payment might be enforced from the national treasury by an absolute appropriation.[1] Surely, it can afford no pleasant source of reflection to an American citizen, proud of his rights and privileges, that in a monarchy the judiciary is clothed with ample powers to give redress to the humblest subject in a matter of private contract, or property against the crown; and, that in a republic there is an utter denial of justice, in such cases, to any citizen through the instrumentality of any judicial process. He may complain; but he cannot compel a hearing. The republic enjoys a despotic sovereignty to act, or refuse, as it may please; and is placed beyond the reach of law. The monarch bows to the law, and is compelled to yield his prerogative at the footstool of justice.[2]
- ↑ 1 Tuck. Black. Comm. App. 352.
- ↑ Mr. Chief Justice Jay, in his opinion in the great case of Chisholm's Executors v. Georgia, 3 Dall. R. 414, 474, (S. C. 2 Peters's Cond R. 635, 674,) takes a distinction between the case of the suability of a state, and the suability of the United States, by a citizen under the constitution, affirming the former, and denying the latter. His reason is thus stated. "In all cases of actions against states, or individual citizens, the national courts are supported in all their legal and constitutional proceedings and judgments, by the arm of the executive powers of the United States. But in cases of actions against the United States, there is no power, which the courts can call to their aid. From this distinction, important conclusions are deducible; and they place the case of a state, and the case of the United States, in a very different view." In the case of Macbeath v. Haldimand, (1 Term Reports, 172,) Lord Mansfield seemed to intimate great doubts, whether, a petition of right would lie in England in any case, except of a private debt due from the crown; and not for debts contracted under the authority of parliament Before the revolution, he said, "all the public supplies were given to the king, who, in
