hans state louisiana argued decided march action brought circuit december state louisiana hans citizen state recover amount certain coupons annexed bonds state issued provisions act legislature approved january bonds known designated bonds state louisiana coupons sued interest accrued january grounds action stated petition follows petitioner vers issue said bonds coupons said state contracted agreed pay bearer thereof principal sum said bonds forty years date thereof day january pay interest thereon represented coupons aforesaid including coupons held petitioner semiannually upon maturity said coupons said legislature act approved january proposed amendment constitution said state afterwards duly adopted follows issue consolidated bonds authorized general assembly state regular session year hereby declared create valid contract state every holder said bonds state shall means wise impair said bonds shall valid obligation state favor holder thereof shall enjoin payment principal interest thereof levy collection tax therefor secure levy collection payment judicial power shall exercised necessary tax required payment principal interest said bonds shall assessed collected every year unti bonds shall paid principal interest proceeds shall paid treasurer state holders said bonds principal interest shall fall due legislation appropriation shall requisite said assessment collection payment treasury petitioner avers notwithstanding said solemn compact holders said bonds said state hath refused still refuses pay said coupons held petitioner constitution adopted ordained follows coupons said consolidated bonds falling due january hereby remitted interest taxes collected meet said coupons hereby transferred defray expenses state government article said constitution also prescribed constitution state adopted amendments thereto declared superseded constitution said state thereby undertook repudiate contract obligations aforesaid prohibit officers agents executing said state claims said provisions said constitution relieved obligations aforesaid contract payment said coupons held petitioner refuses payment thereof prohibited officers agents making payment petitioner also avers taxes payment interest upon said bonds due january levied assessed collected said state unlawfully wrongfully diverted money collected appropriated payment general expenses state made provision payment said interest petiticner also avers said provisions said constitution contravention said contract adoption active violation thereof said state thereby sought impair validity thereof petitioner violation article section constitution effect given said state constitution impair said contract wherefore petitioner prays state louisiana cited answer demand due proceedings condemned pay petitioner said sum thousand five hundred dollars legal interest january paid consts suit petitioner prays general relief citation issued directed state served upon governor thereof attorney general state filed exception following copy comes defendant attorney general excepts plaintiff suit ground without jurisdiction ratione personae plaintiff sue state without permission constitution laws give honorable jurisdiction suit state jurisdiction respectfully declined wherefore respondent prays hence dismissed costs general relief judgment exception sustained suit dismissed see hans louisiana fed rouse wm grant plaintiff error rogers sage alex porter morse defendant error bradley judgment present writ error brought question presented whether state sued circuit one citizens upon suggestion case one arises constitution laws ground taken constitution well act congress passed carry effect case within jurisdiction federal courts without regard character parties arises constitution laws thing necessarily involves question said constitution laws language relied clause third article constitution declares judicial power shall extend cases law equity arising constitution laws treaties made shall made authority corresponding clause act conferring jurisdiction upon circuit found act march follows circuit courts shall original cognizance concurrent courts several suits civil nature common law equity arising constitution laws treaties made shall made authority said jurisdictional clauses make exception arising character parties therefore state claim exemption suit case really one arising constitution laws treaties conceded jurisdiction depends alone upon character parties controversy state citizens embraced within contended though jurisdiction exist ground nevertheless exist case one necessarily involves federal question regard ordinary parties undoubtedly true question decided whether true one parties state sued defendant one citizens state sued citizen another state foreign state mere ground case one arising constitution laws clearly established decisions several recent cases louisiana jumel sup hagood southern sup ayers sup cases arising constitution upon laws complained impairing obligation contracts one constitutional amendment louisiana complained present case relief sought state officers professed act obedience laws held suits virtually consequently violative eleventh amendment constitution maintained denied presented cases arising constitution notwithstanding held prohibited amendment referred present case plaintiff error contends citizen louisiana embarrassed obstacle eleventh amendment inasmuch amendment prohibits suits state brought citizens another state citizens subjects foreign state true amendment read reason ground abating suit might maintainable anomalous result cases arising constitution laws state may sued federal courts citizens though sued like cause action citizens foreign state may thus sued federal courts although allowing sued courts necessary consequence language constitution law result less startling unexpected original decision language constitution judiciary act state liable sued citizen another state foreign country decision made case chisholm georgia dall created shock surprise throughout country first meeting congres thereafter eleventh amendment constitution almost unanimously proposed due course adopted legislatures amendment expressing ultimate sovereignty whole country superior legislatures courts actually reversed decision terms prohibit suits individuals declared constitution construed import power authorize bringing suits language amendment judicial power shall construed extend suit law equity commenced prosecuted one citizens another state citizens subjects foreign state construed judicial power extending suit decision thus overruled understood effect amendment adoption attorney general lee case hollingsworth virginia dall submitted question amendment supersede suits depending well prevent institution new suits one citizens another state tilghman rawle argued negative contending jurisdiction unimpaired relation suits instituted previously adoption amendment succeeding day delivered unanimous opinion amendment constitutionally adopted exercised jurisdiction case past future state sued citizens another state citizens subjects foreign state view force meaning amendment important shows question suability individuals highest authority country accord rather minority majority decision case chisholm georgia fact lends additional interest able opinion justice iredell occasion justices swayed close observance letter constitution without regard former experience usage letter said judicial power shall extend controversies state citizens another state state foreign citizens subjects felt constrained see language power enable individual citizens one state foreign state sue another state union federal courts justice iredell contrary contended intention create new unheard remedies subjecting vereign actions suit individuals conclusively showed never done proper legislation invest federal courts jurisdiction hear determine controversies cases beween parties designated properly susceptible litigation courts looking back present decision chisholm georgia greatly wonder effect upon country power authorizing federal judiciary entertain suits individuals expressly disclaimed even resented great defenders constitution trial american people utterances directly pertinent question consideration deem proper quote number federalist written hamilton following profound remarks suggested assignment public securities one state citizens another enable prosecute state federal courts amount securities suggestion whih following considerations prove without foundation inherent nature sovereignty amenable suit individual without consent general sense general practice mankind exemption one attributes sovereignty enjoyed government every state union unless therefore surrender immunity plan convention remain danger intimated must merely ideal circumstances necessary produce alienation state sovereignty discussed considering article taxation need repeated recurrence principles established satisfy us color pretend state governments adoption plan divested privilege paying debts way free every constraint flows obligations good faith contracts nation individuals binding conscience sovereign pretension compulsive force confer right action independent sovereign purpose authorize suits debts owe recoveries enforced evident done without waging war contracting state ascribe federal courts mere implication destruction right state governments power involve consequence altogether forced unwarrantable obnoxious clause hamilton argument directed ground objections forcibly met declared judicial power shall extend controversies state citizens another state state foreign citizens subjects argued opponents constitution clause authorize jurisdiction given federal courts entertain suits state brought citizens another state foreign state adhering mere letter might fact held chisholm georgia looking subject hamilton justice iredell light history experience established order things views latter clearly right people sovereign capacity subsequently decided hamilton alone protesting construction put upon constitution opponents virginia convention objections raised george mason patrick henry met madison marshall follows madison said jurisdiction federal jurisdiction controversies state citizens another state much objected perhaps without reason power individuals call state operation state wish bring suit citizen must brought federal give satisfaction individauls prevent citizens state may claim dissatisfied state courts appears clause operation give citizen right heard federal courts state condescend party may take cognizance elliott debates marshall answer objection said respect disputes state citizens another state jurisdiction decried unusual vehemence hope gentleman think state called bar federal rational suppose sovereign power dragged intent enable recover claims indviduals residing say partiality state defendant individual proceed obtain judgment state though may sued state necessary avoided see difficulty making state defendant prevent plaintiff id seems us views great advocates defenders constitution sensible apply equally present case discussion letter appealed ground sustaining suit brought individual state reason strong case attempt strain constitution law construction never imagined dreamed suppose eleventh amendment adopted understood left open citizens state sue state federal courts idea suits citizens foreign indignantly repelled suppose congress proposing eleventh amendment appended proviso nothing therein contained prevent state sued citizens cases arising constitution laws shates imagine adopted supposition almost absurdity face truth cognizance suits actions unknown law forbidden law contemplated constitution establishing judicial power things undoubtedly made justifiable known common law example controversies boundary lines questions admitting judicial solution yet case penn lord baltimore ves shows unusual subjects litigation unknown courts even colonial times several cases general character arose articles confederation brought tribunal provided purpose articles app establishment new branch jurisdiction seemed necessary extinguishment diplomatic relations controversies state another state citizens settled principles public law subjects judicial cognizance often declined take jurisdiction see wisconsin insurance sup cases cited suability state without consent thing unknown law often laid acknowledged courts jurists hardly necessary formally asserted fully shown exhaustive examination old law justice iredell opinion chisholm georgia conceded every case since question way presented even cases gone furthest sustaining suits officers agents osborn bank wheat davis gray wall board etc mccomb lee sup poindexter greenhow sup virginia coupon cases sup cases effort show held suits state individuals conceding either state maintained webster stated law precision letter baring october works vol security state loans said plighted faith estate political community rests basis contracts established governments basis example loans made authority congress say good faith government making loan ability fulfil engagements briscoe bank pet justice mclean delivering opinion said means enforcing payment state holder bill credit said counsel plaintiff sued state state liable sued sovereign state liable sued without consent articles confederation state sued cases boundary believed case suit brought time bills credit state certain suit maintained ground prior constitution may accepted point departure unquestioned said justice miller cunningham railroad sup neither state sued defendant country without consent except limited class cases state may made party virtue orginal jurisdiction conferred constitution undoubtedly state may sued consent case curran arkansas clark barnard sup suit former case prosecuted virtue state law legislature passed conformity constitution state decided beers arkansas state repeal law time contract within terms constitution prohibiting passage state laws impairing obligation contract case law allowing state sued modified pending certain suits state bonds require bonds filed objected unconstitutional change law chief justice taney delivering opinion said established principle jurisprudence civilized nations sovereign sued courts without consent permission may thinks proper waive privilege permit made defendant suit individuals another state permission altogether voluntary part sovereignty follows may prescribe terms conditions consents sued manner suit shall conducted may withdraw consent whenever may suppose justice public requires prior law contract ordinary act legislation prescribing conditions upon state consented waive privilege sovereignty contained stipulation regulations modified afterwards upon experience found provisions necessary protect public interest contract implied law inquire whether law operated hardly unjustly upon parties whose suits pending question consideration legislature might repealed prior law altogether put end jurisdiction courts suits state thought proper prescribe new conditions upon suits might still allowed proceed exercising latter power state violated contract parties doctrine held railroad tennessee railroa alabama id ayers sup besides presumption anomalous proceedings suits intended raised constitution anomalous unheard constitution adopted additional reason jurisdiction claimed circuit exist language act congress jurisdiction conferred words circuit courts shall original cognizance concurrent courts several suits civil nature common law equity arising constitution laws treaties etc courts several qualification show congress legislating carry constitution effect intend invest courts new strange jurisdictions state courts power entertain suits individuals state without consent circuit concurrent jurisdiction acquire power true qualification existed judiciary act chisholm georgia majority think sufficient limit jurisdiction circuit justice iredell thought differently view manner decision received country adoption eleventh amendment light history reason thing think liberty prefer justice iredell views regard reliance placed plaintiff upon observations chief justice marshall cohens virginia wheat chief justice considering power review exercisable judgments state wherein might necessary make state defendant error showed power absolutely necessary order enable judiciary take cognizance cases arising constitution laws also showed making state defendant error entirely different suing state original action prosecution demand within meaning eleventh amendment prosecution writ error state prosecution suit sense amendment reference prosecution suit claims state said chief justice state obtains judgment gainst individual rendering judgment overrules defense set constitution laws transfer record sole purpose inquiring whether judgment violates constitution laws propriety think denominated suit commenced prosecuted state whose judgment far nothing demanded state claim description asserted prosecuted party restored possession anything asserts constitutional right defense examined tribunal whose province construe constitution laws union point view writ error citation considered uniformly courts union well illustrated reference course suits instituted universally received opinion suit commenced prosecuted judiciary act authorize suits yet writs error accompanied citations uniformly issued removal judgments favor superior never suggested writ error suit therefore within jurisdiction appellate thus showing incontestable argument writ error judgment recovered state state necessarily defendant error suit commenced prosecuted state sense amendment added mistaken error affect case writ error therein prosecuted citizen another state foreign state affected amendment governed general grant judicial power extending cases arising constitution laws without respect parties page must conceded last observation chief justice favor argument plaintiff observation unnecessary decision sense extrajudicial though made one seldom used words without due reflection outweigh important considerations referred lead different conclusion regard question may observed writs error judgments favor crown state known law time immemorial never considered exceptions rule action lie sovereign avoid misapprehension may proper add although obligations state rest performance upon honor good faith made subjects judicial cognizance unless state consents sued comes yet property rights enjoyed grant contract made state wantonly invaded state compelled suit perform contracts attempt part violate property rights acquired tracts may judicially resisted law impairing obligation contracts property rights held void powerless affect enjoyment necessary enter upon examination reason expediency rule exempts sovereign state prosecution justice suit individuals fully discussed writers public law enough us declare existence legislative department state represents polity called upon highest demands natural political law preserve justice judgment hold inviolate public obligations departure rule except reasons cogent legislature courts judge never fails end incur odium world bring lasting injury upon state deprive legislature power judging honor safety state may require even expense temporary failure discharge public debts attended greater evils failure cause judgment circuit affirmed harlan concur holding suit directly state one citizens one judicial power extends unless state consents sued upon ground alone assent judgment give assent many things said opinion comments made upon decision chisholm georgia meet approval necessary determination present case besides opinion decision case based upon sound interpretation constitution instrument footnotes affirming fed