principality monaco state mississippi argued decided may frederic coudert dean emery new york plaintiff lauderdale greek rice jackson state mississippi chief justice hughes delivered opinion principality monaco asks leave bring suit state mississippi upon bonds issued state alleged absolute property principality proposed declaration sets forth four causes action two counts upon bonds known mississippi planters bank bonds dated march first count upon eight bonds due march second count upon two bonds due march interest per cent per annum remaining two counts upon bonds known mississippi union bank bonds third count twenty bonds dated june due february fourth count upon bonds dated june due february interest per cent per annum count alleged bonds transferred delivered principality legation paris france september absolute gift accompanying declaration made part letter donors dated september stating bonds handed respective families purchased time issue state mississippi state since defaulted principal interest bonds holders waited years hope state meet obligations make payment donors advised basis upon maintain suit mississippi bonds suit maintained foreign government one circumstances donors making unconditional gift bonds principality applied causes charities furtherance internal development benefit citizens manner may select state mississippi return rule show cause leave granted raises following objections principality monaco state within meaning section article constitution therefore authorized bring suit state state mississippi consented consent sued principality monaco without consent state sued constitution section cl art state mississippi without consent congress enter compact agreement principality monaco compact agreement contract entered state principality proposed litigation attempt principality evade prohibitions eleventh amendment constitution proposed declaration state controversy constitution cognizable jurisdiction alleged right action long since defeated extinguished reason completion period limitation action prescribed statutes mississippi plaintiff predecessors title guilty laches right action long time stale state contends holders bonds statutory right sue state virtue act february hutchinson code chap art state johnson miss operation constitutional amendment abolishing superior chancery adoption revised code state statutory provision authorizing suits whitney state miss revised code section provided state might sued code statute limitations respect bonds contracts seal limitation seven years actions upon obligations imposed act april laws miss statute limitations bonds question began run date right sue state conferred revised code taken away code became effective november year gulf export state miss meanwhile constitution state art amended provide state redeem secure pay indebtedness pretended indebtedness alleged due state mississippi person association corporation whatsoever claiming owners holders assignees bond bonds generally known bank bonds bank bonds provision incorporated constitution section since adoption foreign state accept bonds question charitable donation good faith reply objections principality asserts foreign state recognized government consent state mississippi necessary give jurisdiction obligation state mississippi pay bonds agreement compact foreign power within section cl article constitution action subterfuge evade eleventh amendment cause action justiciable statute limitations run plaintiff predecessors neither guilty laches upon points principality urges provisions statutes mississippi holders bonds never enforceable remedy said barred running state statute limitations principality prepared course suit meet defense laches showing history efforts holders bonds procure payment contentions presented oral argument well upon briefs find necessary deal one question whether jurisdiction entertain suit brought foreign state state without consent question hitherto determined definitely presented principality relies upon provisions section article constitution judicial power shall extend controversies state citizens thereof foreign citizens subjects clause cases state shall party shall original jurisdiction clause absence qualification requiring consent state case suit foreign state asserted controlling point stressed eleventh amendment constitution providing judicial power shall construed extend suit one citizens another state citizens subjects foreign state contains reference suit brought foreign state argument drawn lack express requirement consent sued inconclusive thus express provision may sued absence consent clause section article extends judicial power controversies shall party literally includes controversies whether party plaintiff defendant williams reason established doctrine immunity sovereign suit except upon consent provision clause section article authorize maintenance suits williams supra compare cohens virginia wheat minnesota hitchcock kansas clause section article gives original jurisdiction cases state shall party jurisdiction suit state absence consent kansas supra clause merely distributes jurisdiction conferred clause deals cases resort may original jurisdiction exercise judicial power previously given duhne new jersey similarly neither literal sweep words clause section article absence restriction letter eleventh amendment permits conclusion controversies sort described clause omitted words eleventh amendment state may sued without consent thus clause specifically provides judicial power shall extend cases law equity arising constitution laws treaties made shall made authority although case may arise constitution laws judicial power extend suit sought prosecuted statewithout consent one citizens hans louisiana duhne new jersey supra page requirement consent necessarily implied state immunity case suit brought corporation created act congress smith reeves yet neither case suit within express prohibition eleventh amendment eleventh amendment mentions suits law equity refer suits admiralty held amendment open suit state admiralty jurisdiction individuals whether citizens ex parte state new york manifestly rest mere literal application words section article assume letter eleventh amendment exhausts restrictions upon suits nonconsenting behind words constitutional provisions postulates limit control essential postulate controversies contemplated shall found justiciable character also postulate union still possessing attributes shall immune suits without consent save surrender immunity plan convention federalist question whether plan constitution involves surrender immunity suit brought state without consent foreign state debates constitutional convention disclose discussion question madison virginia convention answering objections ratification constitution clearly stated view purpose effect provision conferring jurisdiction controversies union foreign purpose suitably provide adjudication cases consent given otherwise madison said next case provides disputes foreign state one case ever arise citizen foreign citizen subject conceive controversy ever decided courts american state foreign state without consent partie consent provision made elliot debates marshall convention expressed similar view replying objection admissibility suit foreign state marshall said objects next place jurisdiction controversies state foreign state suppose says suit foreign state cast bound decision foreign state brought suit commonwealth virginia barred claim federal judiciary thought unjust previous consent parties necessary federal judiciary decide party acquiesce elliot debates hamilton federalist made following emphatic statement general principle immunity 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 pretensions compulsive force confer right action independent sovereign purpose authorize suits debts owe recoveries enforced evident done without waging contracting state ascribe federal courts mere implication destruction right state governments power involve consequence altogether forced unwarrantable true despite cogent statements views prevailed constitution ratified held chisholm georgia dall vigorous dissent justice state liable suit citizen another state foreign country decision created shock surprise eleventh amendment proposed adopted amendment terms apply suit state citizen occasion question presented hans louisiana supra case alleged arise constitution give elaborate consideration application general principle immunity suits brought without consent justice bradley delivered opinion view importance question quote length opinion show reasoning led decision suit maintained said page et 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 quoting statements hamilton madison marshall continued 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 imagine adopted supposition almost absurdity face truth cognizance suits actions unknown law forbidden law contemplated constitution establishing judicial power 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 adverted observations chief justice marshall cohens virginia wheat favored argument plaintiff error observat ons unnecessary decision case cohens opinion important considerations referred lead different conclusion principle immunity reiterated applied upon authority hans louisiana smith reeves supra deciding federal corporation sue state without consent although seen suit listed specific prohibitions eleventh amendment case state south dakota north carolina observed expression opinion hans louisiana concurrence views announced justice iredell dissenting opinion chisholm georgia considered judgment view point hans louisiana actually decided south dakota north carolina disturb ruling hans louisiana principle decision applied south dakota north carolina suit one state another state present question maintenance either suit individuals state foreign state state suit one state another state involved distinct essential principle constitutional plan provided means judicial settlement controversies union principle necessarily operates regardless consent defendant state reasoning hans louisiana respect general principle sovereign immunity suits recently reviewed approved williams supra question immunity light provisions clause section article constitution thus presented several distinct classes cases brought state another state union citizens another state citizens subjects foreign state citizens state federal corporations foreign classes characteristic aspect standpoint effect upon sovereign immunity suits produced constitutional scheme establishment permanent tribunal adequate authority determine controversies place inadequate scheme arbitration essential peace union federalist story constitution respect constroversies adoption constitution acting highest sovereign capacity convention people waived exemption judicial power jurisdiction parties cases thus established consent delegated authority necessary feature formation perfect union rhode island massachusetts pet louisiana texas missouri illinois kansas colorado commonwealth virginia west virginia upon similar basis rests jurisdiction suit state albeit without consent latter jurisdiction conferred constitution express words inherent constitutional plan north carolina texas michigan oklahoma texas minnesota without provision said texas supra permanence union might endangered suits state without consent brought citizens another state citizens subjects foreign state eleventh amendment erected absolute bar superseding decision chisholm georgia supra amendment established effective operation principle asserted madison hamilton marshall expounding constitution advocating ratification judicial power granted constitution embrace authority entertain suits absence state consent ex parte state new york supra page missouri fiske protected fundamental principle absence consent immune suits brought citizens federal corporations although suits within plicit prohibitions eleventh amendment hans louisiana supra smith reeves supra duhne new jersey supra ex parte state new york supra opinion principle applies suits state foreign state decision cherokee nation georgia pet opposed rested upon determination cherokee nation state sense term used constitution question us necessarily remained open one think madison correctly interpreted clause section article constitution making provision jurisdiction suit state foreign state event state consent otherwise case grounds coercive jurisdiction present suits determine controversies union suits brought state present foreign state lies outside structure union waiver consent part state inheres acceptance constitutional plan runs likewise accepted plan sovereign constitution creates perceive ground upon said waiver consent state union run favor foreign state suits brought foreign state think union retain immunity enjoy respect suits individuals whether citizens citizens subjects foreign state foreign state enjoys similar sovereign immunity without consent may sued state union question right suit foreign state state union limited cases alleged debts obligations issued state claimed acquired transfer controversies state foreign state may involve international questions relation sovereign prerogative one frequent occasions exercise jurisdiction granted constitution controversies union found disputes territorial boundaries see rhode island massachusetts supra page questions also arisen respect obstruction navigation south carolina georgia pollution streams missouri illinois diversion navigable waters wisconsin illinois case controversy foreign power state prerogative adjustment state enter treaty alliance confederation without consent congress agreement compact foreign power const art national government virtue control foreign relations entitled employ resources diplomatic negotiations effect international settlement may found appropriate treaty agreement arbitration otherwise supposed intention controversy growing action state involves matter national concern said affect injuriously interests foreign state dispute arising conflicting claims state union foreign state territorial boundaries taken sphere international negotiations adjustment resort foreign state suit provisions section article case state immunity suit without consent national government protected provision prohibiting agreements foreign powers absence consent congress instance proposed suit arise question national concern constitutional provision said confer jurisdiction construed light applications conclude principality monaco respect right maintain proposed suit better case donors bonds application leave sue must denied rule discharged leave denied footnotes see briscoe bank kentucky pet darrington bank alabama beers arkansas ayers question foreign may sue private parties federal courts king spain oliver fed cas sapphire wall latter case said pages wall government largely availed like privilege bring suits english courts cases growing late civil war twelve suits enumerated brief appellees brought within last five years english law chancery admiralty courts numerous cases english reports suits foreign sovereigns sustained though held sovereign forced suit cases cited kingdom roumania guaranty trust co ann cas held bringing action foreign nation recover deposit placed credit bank waiver immunity sovereign suit parties hence without jurisdiction permit defendant interpleader substitute defendant another party claiming lien deposit creditor plaintiff see also republic columbia cauca ex parte muir see story constitution willoughby constitution ed statements madison marshall virginia conv ntion relation nonsuability individuals see elliot debates comment upon force dissent see hans louisiana williams see state missouri illinois new hampshire louisiana