ayers ex parte argued decided december petition writ habeas corpus writ habeas corpus directed marshal eastern district virginia heretofore issued application rufus ayers attorney general state virginia marshal made return thereto petitioner whose body produces custody detained virtue order judgment decree commitment circuit eastern districts virginia certified copy attached part return returned petitioner paid refuses pay fine imposed upon said order order commitment dated richmond october follows attachment circuit eastern district virginia rufus ayers matter came day heard upon rule heretofore issued rufus ayers attorney general state virginia show cause attached contempt disobeying restraining order heretofore granted suit cooper et al marye et sixth day june answer thereto consideration whereof opinion doth order adjudge said rufus ayers guilty contempt disobedience said order forthwith dismiss suit commonwealth baltimore ohio railroad company instituted circuit city richmond said contempt fined sum stand committed custody marshal paid purge contempt dismissing said suit last herein mentioned transcript proceedings orders decrees circuit eastern district virginia suit cooper et al marye et referred order commitment also produced set full part record matter appears june james cooper others suing behalf others similarly situated aliens subjects great britain filed bill complaint circuit eastern district virginia morton marye auditor state virginia rufus ayers attorney general thereof treasurers counties cities towns virginia commonwealth attorneys counties cities towns said state whose names prayed might allowed insert bill defendants discovered bill alleged act general assembly virginia approved march another approved march state virginia provided issue large number bonds bearing interest coupons thereby contracted received payment taxes debts demands due large numbers amounting many millions dollars fact issued said coupons issued said acts payable bearer contract pay interest contract shall received payment taxes negotiable instruments free hands bona fide purchaser value equity burden whatever outstanding overdue hands public large overdue coupons pursuance plan subsequently conceived adopted destroy marketable value coupons general assembly state virginia fifteenth section act dated february forbade officers state pay redeem according tenor contract contained therein act dated january collectors taxes forbidden receive payment taxes due nevertheless statutes declared unconstitutional void thereafter complainants faith said decision belief caused thereby said state utterly unable legislative enactment impair value said coupons tender taxes bought large quantity said coupons open money market city london elsewhere amounting nominally cost purchase made purpose selling said coupons virginia used tenders taxes due said state complainants believing able sell said coupons considerable advance price paid many complainants sold said general assembly virginia enacted another statute dated may copy set exhibit bill whereby alleged treasurer county city town state ordered furnish commonwealth attorney thereof list persons tendered said state coupons payment taxes said commonwealth attorneys ordered institute suits summary proceedings name said state persons recover judgment amount said taxes previously due said thereby required submit judgment default appear plead tender said coupons prove affirmatively coupons tendered state coupons counterfeit spurious coupons burden proving placed upon coupon taken prima facie spurious counterfeit bill alleged said act repugnant section ten article one constitution reason taken connection said act mentioned january first commands state officers refuse receive coupons undoubtedly well spurious orators charge none commands officers bring said suits tendered said coupons said state well tendered spurious coupons imposes upon defendants heavy costs fees although taxes due paid said tender makes judgment recovered said suit perpetual lien upon property said said taxes said costs fees also thus fixing perpetual cloud upon title said taxpayer property alleged bill another act general assembly said state approved january provided upon trial issue made said act may defendant shall produce bond coupon tendered cut prove cut said bond said bonds owned persons residing virginia utterly unable produce said bonds required said act alleged therein another act said general assembly approved provided undertaking prove said tender shall allowed introduced expert evidence prove genuineness said coupons issued either said acts engraved said acts provided may signed manually wherefore alleged produce said bonds utterly unable prove coupons genuine upon said trial state thus forcing lawsuit courts taken effectual precautions beforehand make impossible win make legal certainty must lose produce said bonds said act device trick enacted take away deprive said coupons value tender taxes alleged therein appeals state virginia decided said two acts requiring said bonds produced forbidding use expert testimony valid laws repugnant constitution alleged bill great bulk virginia pay small sums officers allowed enforce said act may profit derived purchasing year orators coupons small induce indeed impossible use said coupons except limited cases produce said bonds orators loss profit right expect make purchased said coupons unable sell virginia price thus entire property destroyed orators charge aver event unless granted injunction hereinafter prayed lose sum greater charged bill treasurer county city town said state report commonwealth attorney name every tendered coupons commonwealth attorney going institute suits provided said act may persons holding coupons bought orators well others informed believe charge every case tenders coupons made auditor state morton marye many made said auditor hon ayers attorney general thereof institute suits said act provides instituting whereby coupons orators sold virginia condemned spurious although genuine coupons issued state virginia intimidated deterred buying orators others future said coupons charged amended bill acts general assembly state virginia repugnant section article constitution commanded treasurer county levy sell property payer tendered coupons payment taxes said acts also command said treasurers return real property delinquent personal property found seized sold orators charge therefore unless said officers enjoined bringing said suits hereinbefore described treasurer county proceed execute said unconstitutional acts levying property returning delinquent personal property found thus creating cloud upon title taxpayer property prayer bill said morton marye auditor virginia ayers attorney general thereof treasurer commonwealth attorney county city town state virginia may made parties defendant hereto agents attorneys may restrained enjoined bringing commencing suit provided said act may act put said statute force effect hearing motion said injunction restraining order may made effect general relief act may set exhibit bill follows act provide recovery motion taxes certain debts due commonwealth payment papers purporting genuine coupons commonwealth tendered approved may enacted general assembly virginia taxes including taxes licenses due may hereafter become due commonwealth payment paper instrument purporting coupon detached bond state shall may tendered accepted payment otherwise paid may recovered circuit jurisdiction county corporation said taxes shall assessed tender made auditor public accounts payment taxes authorized law receive said taxes may recovered circuit city richmond shall jurisdiction without regard amount taxes claimed though amount less twenty dollars proceeding shall motion name commonwealth ten days notice shall instituted prosecuted attorney commonwealth corporation proceeding instituted direction auditor public accounts circuit city richmond notice may served county corporation state mode prescribed first section chapter one hundred code edition may served agent defendant county corporation proceeding word used shall include person shall made tender aforesaid behalf defendant known agent defendant said county corporation may served publishing one time newspaper printed county city tax assessed paper printed county city newspaper published county city nearest county city tax assessed motion may tried heard jury motions civil cases defendant relies tender coupons payment taxes claimed shall plead specifically writing file plea coupons averred therein tendered clerk shall carefully preserve upon plea filed burden proving tender genuineness coupons shall defendant tender genuiness coupons established judgment shall defendant plea tender case clerk shall write word thereunder name official character across face coupons transmit together certificate proven case auditor public accounts shall deliver coupons second auditor receiving therefor check second auditor upon treasurer check shall pay treasury credit proper tax account defendant fails defense taxes claimed found due state coupon filed plea tender spurious shall returned shall judgment commonwealth aggregate amount taxes due interest thereon time became due till date judgment interest said aggregate amount date judgment payment costs antecedent lien commonwealth taxes judgment rendered shall deemed merged judgment otherwise impaired recovery lien shall continue force notwithstanding judgment every judgment shall docketed prescribed law cases clerk shall issue execution thereon directed sheriff county sergeant city shall account money collected thereon auditor public accounts coupons tendered officer satisfaction said execution shall note fact tender upon execution return clerk office thereupon auditor public accounts may direct action brought upon judgment action shall instituted prosecuted mode herein prescribed actions recover judgments taxes similar actions may instituted whenever coupons tendered satisfaction judgment obtained commonwealth provisions act clerk judgment rendered behalf commonwealth shall soon rendered transmit certified abstract thereof auditor public accounts shall record book kept purpose immediately passage act county city treasurers officers authorized law collect receive money taxes due commonwealth including license taxes shall report commonwealth attorneys respective counties cities also auditor public accounts names persons assessed liable therein taxes due commonwealth heretofore tendered otherwise identification verification coupons taxes taxes remain unpaid amount taxes due account become payable description far possible coupons tendered tendered shall thereafter make like reports whenever soon tender may made soon auditor public accounts shall receive reports shall credit proper officer taxes named therein coupons tendered attorneys commonwealth attorney general duty act represent commonwealth case circuit city richmond upon report made whenever otherwise informed tender made shall forthwith institute prosecute proceedings hereinbefore required case instituted provisions act judgment commonwealth fee ten dollars shall allowed attorney commonwealth attorney general case may fee fees clerk officers services rendered case well costs allowed law cases commonwealth party shall taxed costs defendant commonwealth shall liable fees costs proceedings act officer fail perform duty required act shall fined less one hundred dollars five hundred dollars act shall force passage bill following order made eastern district virginia cooper beeton burt chinnery chinnery leon woolston morton marye auditor ayers attorney general treasurers counties cities towns virginia commonwealth attorneys counties cities towns said state whose names complainants leave insert may discovered reading bill complainants ordered morton marye auditor ayers attorney general every treasurer county city town state virginia every commonwealth attorney county city town said state restrained bringing commencing suit person tendered state virginia coupons payment taxes due said state provided directed act legislature virginia approved may described bill copy attached thereto said parties agents attorneys restrained act put said statute force effect order ordered motion injunction case set hearing circuit richmond virginia first monday october next provided attorney general state virginia either defendants may move earlier hearing thereof ten days written notice solicitor complainants provided copy bill order served attorney general state virginia within ten days filing thereof copy order together copy bill served petitioner ayers attorney general virginia june october following proceedings took place viz day circuit eastern district virginia held richmond said district eighth day october cooper others morton marye auditor others equity cause came day heard upon motion complainants preliminary injunction argued counsel upon consideration whereof adjudged ordered decreed reasons stated writing made part record injunction issued prayed bill remain force order bond circuit judge complainants counsel called attention fact defendant ayers attorney general state virginia guilty contempt disobedience restraining order issued cause sixth day june said ayers called upon answer behalf filed open answer writing answer words following answer defendant ayers answer ayers attorney general state virginia rule awarded honorable honorable judge circuit eastern district virginia order entered chancery cause james cooper et als morton marye others summoning show cause fined imprisoned disobeying injunction heretofore awarded said suit restraining others instituting suits required act general assembly virginia entitled act provide recovery motion taxes certain debts due commonwealth payment papers purporting genuine coupons commonwealth tendered approved may instituting suit baltimore ohio railroad respondent answering says admits instituted suit baltimore ohio railroad company recover taxes due state virginia served injunction order case instituted said suit thereunto required act general assembly virginia aforesaid believed jurisdiction whatever award injunction violated respondent disclaims intention treat disrespect actuated alone desire law properly administered ayers atty virginia subscribed sworn eighth day october pleasants clerk thereupon order made adjudging petitioner guilty contempt disobedience said order requiring forthwith dismiss suit commonwealth baltimore ohio railroad company instituted circuit city richmond fining contempt directing stand committed custody marshal paid purge contempt dismissing said suit last mentioned case proceedings resulting commitment imprisonment petitioner john scott follows august affidavit showing john scott attorney commonwealth fauquier county virginia served copy restraining order june violation thereof brought certain suits parties said county recovery taxes alleged due state virginia year previously tendered coupons said actions brought act general assembly may rule entered upon said scott show cause september attached contempt day said scott answered rule justifying action ground order disobeyed void want jurisdiction circuit make september pursuance leave given complainants filed amendment bill making scott attorney commonwealth said county fauquier formal party defendant alleging judgment rendered defendant suits brought said scott said act list amounts several judgments set thereupon october following order made therefore doth adjudge order decree contempt said john scott pay fine dismiss cases brought circuit fauquier county virginia violation restraining order heretofore made cause cooper others marye others day june enter satisfaction judgments heretofore obtained defendants said causes stand committed custody marshal order obeyed fine hereby imposed upon paid ordered said john scott pay costs proceedings similar proceedings respect mccabe commonwealth attorney loudoun county virginia petitioner july order entered granting rule show cause attached alleged contempt disobeying restraining order made cause june upon proof affidavit said mccabe attorney commenced proceedings act may recover taxes alleged due state virginia certain parties therein named previously tendered coupons payment thereof answered rule denying validity order violated thereupon october matter coming heard ordered adjudged said mccabe guilty contempt disobedience said order forthwith dismiss suits act may pending circuit loudoun county doth order adjudge said mccabe said contempt fined taken custody marshal held said fine paid purge said contempt dismissing suits brought prosecuted violation restraining order pay costs proceedings harlan dissenting meredith gordon randolph tucker roscoe conkling petitioners sol jenks royall chamberlain opposition matthews established decisions exercise power punishment contempt orders courts general jurisdiction subject review writ error appeal yet undertakes process contempt punish man refusing comply order authority make order without jurisdiction void order punishing contempt equally void proceeding contempt case results imprisonment writ habeas corpus discharge prisoner ex parte fisk sup ex parte rowland commissioners county alabama writ habeas corpus discharged imprisonment adjudged consequence alleged contempt circuit middle district alabama refusing obey command peremptory writ mandamus issued requiring levy certain taxes said page command peremptory writ mandamus respects circuit jurisdiction make proceedings contempt reviewable command whole part beyond power writ much excess jurisdiction void right law punish contempt unauthorized requirements settled rule decision ex parte lange wall ex parte parks ex parte siebold ex parte virginia ex parte bain sup held prisoner tried convicted sentenced imprisonment circuit indictment amended district attorney leave returned grand jury entitled discharge writ habeas corpus issued ground proceeding void said page avail circumstances say still jurisdiction person crime though possession person jurisdiction crime properly presented indictment jurisdiction offense gone right proceed progress case want indictment question present case therefore whether order circuit june forbidding petitioners bringing suits act may name behalf state virginia attorneys recovery taxes payment previously tendered coupons order power law make question really whether circuit jurisdiction entertain suit order made sole purpose prayer bill final decree perpetually enjoin defendants taking steps execution act may power upon case made record entertain suit purpose equal power provisional remedy grant restraining order violation constitutes contempt adjudged petitioners principal contention part petitioners suit nominally fact law suit state virginia whose officers jurisdiction entertain denied eleventh amendment constitution declares judicial power shall construed extend suit law equity commenced prosecuted one citizens another state citizens subjects foreign state hand contended counsel complainants cause argued discharge petitioners suit within prohibition must regarded settled doctrine established recent decisions question whether suit within prohibition eleventh amendment always determined reference nominal parties record poindexter greenhow sup true harmony said chief justice marshall osborn bank wheat opinion case said may think laid rule admits exception cases jurisdiction depends party party named record consequently eleventh amendment restrains jurisdiction granted constitution suits necessity limited suits state party record amendment full effect constitution construed construed jurisdiction never extended suits brought state citizens another state aliens point involved case stated justice swayne delivering opinion davis gray wall follows deciding parties suit look beyond record making state officer party make state party although law may prompted action state may stand behind real party interest state made party shaping bill expressly view individuals corporations intended put relation case said chief justice marshall osborn bank supra must taken connection immediate context wherein adds page state party record jurisdiction parties record true question one jurisdiction whether exercise jurisdiction make decree defendants considered real interest nominal parties conveys intimation defendants sued officers state real merely nominal interest controversy state appearing real defendant therefore indispensable party jurisdiction fail want power parties fail nominal defendants want suitable indeed seems interpretation put upon language chief justice marshall opinion delivered case governor georgia madrazo pet quoting paragraphs opinion case osborn bank extracted chief justice mentioned case georgia brailsford dall action name state brought governor behalf added therefore state properly considered party case may considered party said claim upon governor governor sued name title demand made upon made personally officially decree pronounced person officer appeared pronounced successor original defendant executed different governor filed information case chief magistrate state sued name style office claim made upon entirely official character think state may considered party record state party party decree made person natural capacity brought defendant therefore held case state fact though form party defendant suit consequently circuit jurisdiction pronounce decree appealed see also ex parte madrazzo pet view reiterated kentucky dennison said settled state party plaintiff defendant governor represents state suit may form suit governor behalf state state plaintiff must summoned notified officer representing state state defendant accordingly cunningham railroad sup decided cases clearly seen upon record state indispensable party enable according rules govern procedure grant relief sought refuse take jurisdiction inference manifest upon face record defendants individual interest controversy relief sought official capacity representatives state alone affected judgment decree question arising whether suit substantially suit state one jurisdiction question presented cases new hampshire louisiana new york louisiana sup cases upon face record nominally controversy two according terms constitution subject judicial power far determined reference parties named record suits within jurisdiction examination cases stated pleadings appeared state plaintiff suing use interest use behalf certain individual citizens thereof transferred claims state purposes suit accordingly unanimously held look behind nominal parties record ascertain real parties suit chief justice speaking case made review circumstances led adoption eleventh amendment concluding opinion said evident purpose amendment promptly proposed finally adopted prohibit suits state citizens aliens without consent state sued opinion one state create controversy another state within meaning term used judicial clauses constitution assuming prosecution debts owing state citizens case satisfied prohibited letter spirit constitution entertaining suits bill case dismissed converse case found hagood southern sup state south carolina party interest nominally defendant nominal defendants treasurer state south carolina comptroller general treasurers various counties successors office object bills obtain behalf complainants judicial process redemption state certain scrip holders according terms statute pursuance issued levy collection appropriation special tax pledged purpose claimed irrepealable law constituting contract protected violation constitution decrees circuit granting relief reversed cause remanded instructions dismiss bills ground suits though nominally officers state really state opinion said page suits accurately described bills specific performance contract complainants state south carolina parties bills state name made party defendant though leave given become chooses except consent brought made appear defend yet actual party alleged contract performance decreed one required perform decree party performed though nominally party record real party interest nominal defendants officers agents state personal interest suit defending representing state things required decrees done performed things done performed constitute performance alleged contract state state real party controversy real party relief sought suit suit therefore substantially within prohibition eleventh amendment constitution conclusions case hagood southern justified previously decided cases louisiana jumel elliott wiltz sup ct cases object one injunction restrain officers state executing provisions act general assembly alleged violation contract rights plaintiffs mandamus require appropriation money treasury state accordance contract relief decided within competency judicial power chief justice said point page remedy sought order complete require assume executive authority state far related enforcement law supervise conduct persons charged official duty respect levy collection disbursement tax question bonds principal interest paid full proceeding state state made party needs argument show political power thus ousted jurisdiction judiciary set place state submits without reservation jurisdiction particular case jurisdiction may used give full effect state act submission allowed done law permits coercion public officers enforce judgment may rendered coercion may employed purpose far authorizing state sued set jurisdiction officers charge public moneys control political power administration finances state therefore conclusive principal question case state virginia named party defendant whether actual party sense prohibition constitution must determined consideration nature case presented whole record substantial averments bill complainants owners worth receivable coupons virginia paid sold amount payers virginia tendered proper state officials payment taxes said officers refused receive officers state permitted enforce act may complainants unable sell remaining coupons state price thus entire property destroyed act may unconstitutional void impairs obligation contract state virginia agreed receive coupons cut bonds payment debts demands taxes due particulars contract alleged violated provisions act disregard tenders receivable coupons made payment taxes act general assembly peremptorily requires actions law brought name state virginia delinquent second trial actions required defendant shall prove fact tender genuineness coupons tendered third part proof required produce bond coupon said cut fourth permitted produce expert testimony prove genuineness coupons tendered prayer bill attorney general state virginia commonwealth attorneys counties restrained injunction commencing prosecuting suits act may recovery taxes parties alleged delinquent fact tendered coupons payment taxes due noted direct averment original amended bills coupons alleged tendered payment taxes defendants threatened bring suits act may purchased complainants although incidentally appears otherwise upon record may injunction however prayed prevent bringing suits act tendered coupons whether coupons purchased complainants also observed personal act part petitioners sought restrained original order june pursuance prayer bill bringing suit act may person tendered receivable coupons payment taxes due state virginia suit must statute brought name state use immaterial opinion consider matters alleged respect course conduct suit institution reason provisions contained acts general assembly state restricting mode proof genuineness coupons tendered required act may defendant relies tender coupons payment taxes claimed shall plead specifically writing file plea coupons averred therein tendered clerk shall carefully preserve upon plea filed burden proving tender genuineness coupons shall defendant tender genuineness coupons established judgment shall defendant plea tender case clerk shall write word thereunder name official character across face coupons transmit together certificate proven case auditor public accounts shall deliver coupons second auditor receiving therefor check second auditor upon treasurer check shall pay treasury credit proper tax account suit may rightfully brought state recover judgment taxes case certainly nothing provisions violates legal contract right party sued defends action ground lawful tender payment must course plead tender may rightfully required bring tender alleged made issue upon plea burden upon defendant proving truth allegations shall amount kind proof necessary establish defense involves questions law raised decided course trial determination trial pursuance acts general assembly contract rights defendant tendered coupons denied trial reason requirements regard nature quantity proof genuineness coupons errors law thus committed remedied according common course judicial proceedings writ error present federal question might ultimately sued assumed advance either questions arise arise erroneously decided question therefore narrowed single inquiry equitable right complainants enjoin petitioners bringing suits seems supposed argument right virginia tendered coupons payment taxes proper collecting officer forever thereafter free suit state recover judgment taxes rests upon proposition tender law payment taxes extinguish claim part state proposition indeed said justified authority certain language opinion case poindexter greenhow sup case effect tender payment taxes upon subsequent act collector seizing personal property considered decided nothing opinion countenances idea tender payment taxes extinguish subsequent claim state therefor effect precisely defined following statement page tender already seen equivalent payment far concerns legality subsequent steps collector enforce payment distraint property nothing opinion indicate party making tender relieved operation rule law making necessary keep tender good subsequent action law recovery taxes unlawful reserving course case admitted right defendant plead fact tender bring pursuance usual practice cases defense follows therefore present case personal act petitioners sought restrained order circuit reduced mere bringing action name state although may tendered coupons charged delinquents alleged individual act violation legal contract rights payers much difficult conceive constitutes grievance complainants principal suit legal right complain suits complainants apprehended pecuniary interest actions threatened made tenders coupons purchased guaranty loss consequence thereof collateral remote bringing actions breach contract subsisting complainants state virginia rights contract contained coupons parted transferred complainants agreed transfer shall received state payment taxes contract complainants taxpayer assignee state party one complainants voluntarily entered state held responsible aspect case differ principle marye parsons sup consequential losses diminution market value coupons still hold liability complainants make good warranty payers transferred others direct legal consequences breach contract made state virginia coupons made receivable payment taxes damage recovered direct action upon contract state suable law neither made foundation preventive relief injunction considerations however adverted nection much purpose showing substance bill presents case within jurisdiction show allege grounds equitable relief individual defendants personal wrong committed threatened charge individual character anything done threatened constitutes contemplation law violation personal property rights breach contract parties relief sought defendants individual representative capacity officers state virginia acts sought restrained bringing suits state virginia name use state made defendant bill name charged according allegations contains supposing suit maintained subjected jurisdiction process served upon governor attorney general according precedents cases new jersey new york pet kentucky dennison rule sup rep vi decree rendered enjoining state bringing suits operated upon state officers law required represent bringing suits present defendants attorney general commonwealth attorneys several counties breach injunction officers amenable proceeding contempt authority liable punishment therefor attachment imprisonment nature case supposed identical case actually presented bill single exception state named defendant else state forbidden judicial process bring actions name except constraining conduct officers attorneys agents officers attorneys agents personally subjected process forbid acting behalf said state subjected jurisdiction actual real defendant however insisted upon argument within jurisdiction circuit restrain injunction officers executing provisions state statutes void reason repugnancy constitution many precedents jurisdiction exercised sanction present case covered authority principal authority relied upon maintain proposition judgment case osborn bank wheat strengthening argument based upon decision attention called counsel feature case said clearly appear official report wheaton original record case shows bill setting substance act legislature ohio complained alleged osborn auditor state officer upon execution statute state enjoined gives speeches execute enforce provisions said act ohio orators part prayer bill stay enjoin said ralph osborn auditor aforesaid others may concern anywise proceeding orators virtue act ohio aforesaid section part provision thereof also appears part decree circuit appeal prosecuted defendants perpetually enjoined proceeding collect tax accrued may hereafter accrue complainants act general assembly ohio bill proceedings mentioned act legislature ohio declared unconstitutional void case sole purpose levy collection annual tax upon office discount deposit bank within state collected case refusal pay auditor state levy upon money goods chattels property bank seize made lawful warrant auditor person directed enter bank purpose finding seizing property satisfy wrong complained sought prevented injunction prayed threatened seizure property bank actual seizure thereof violation injunction treated contempt parties attached final decree circuit restored property taken possession complainant disposing case opinion chief justice marshall wheat concludes follows think error decree circuit district ohio far directs restitution specific sum taken bank unlawfully possession defendant samuel sullivan injunction awarded september restrain paying away manner using far directs payment remaining sum defendants ralph osborn john harper erroneous far respects interest coin part said opinion parties restrained authority circuit using charged interest decree circuit district ohio affirmed said sums reversed residue mandate accordance terms judgment nothing therefore judgment cause finally defined extends authority beyond prevention restraint specific act done pursuance unconstitutional statute ohio violation act congress chartering bank consisted unlawful seizure detention property conceded throughout case argument bar opinion action law lie either trespass continue defendants individual trespassers guilty wrong taking property complainant illegally vainly seeking defend authority void act general assembly ohio one principal questions case whether equity jurisdiction restrain commission mere trespass jurisdiction upheld upon circumstances nature case repeatedly exercised since ground adjudged suit state one state necessary party defendants personally individually complainants clear right action recovery property taken value therefore case parties necessary right asserted relief asked defendants individuals sought protect personal liability official character representatives state permitted authority professed act void pursuance principles adjudged case osborn bank supra repeatedly uniformly held injunction lie restrain collection taxes sought collected seizures property imposed name state contrary constitution defendants officers state threatening distraint complained grounds jurisdiction stated allen railroad sup vital principle cases defendants though professing act officers state threatening violation personal property rights complainant personally individually liable principle plainly stated opinion poindexter greenhow sup follows page case plaintiff reduced paid tax demanded lawful tender defendant authority law thereafter attempt enforce payment seizing property ceased officer law became private simple case defendant natural private person unlawfully force arms seized taken detained personal property another also stated page ratio decidendi class cases plain defendant sued seeks substitute state place justify authority state defend ground state adopted act exonerated rest bare assertion defense bound establish state political corporate body act agents command laws necessary therefore defendant order complete defense produce law state constitutes commission agent warrant act defendant present case undertook legislation defendant justified declared null void contrary constitution therefore left defenseless subject answer consequences personal act seizure detention plaintiff property responsible damages occasioned thereby principle illustrated enforced case lee sup case plaintiffs wrongfully dispossessed real estate defendants claiming act authority authority exist conferred law unable show lawful authority held nothing prevent judgment individuals individual wrong trespass feature found examination characterize every case persons made defendants acts done threatened officers government either state objection interposed state real defendant overruled action sustained instances act complained considered apart official authority alleged justification personal act individual defendant constituted violation right plaintiff entitled remedy law equity individual character present case stands upon footing altogether different admitting claimed part complainants breach contract part state virginia acts general assembly referred bill complaint nevertheless foundation law relief asked breach contract state conceded remedy suit state results eleventh amendment constitution secures state immunity suit individual citizens aliens immunity includes direct actions damages breach contract brought state name actions suits whether law equity bill equity specific performance contract state name admitted brought hagood southern sup decided bill state nominally party record brought officers agents personal interest suit defending representing state things required decree done performed things done performed constitute performance alleged contract state without jurisdiction suit state converse proposition must equally true contained bill object injunction indirectly compel specific performance contract forbidding acts doings constitute breaches contract must also necessarily suit state case though state nominally party record defendants officers agents alone act refusing things constitute breach contract suit still substance though form suit state precise character suit circuit petitioners order made violation constitutes contempt committed imprisonment seek delivery writs may asked true ground distinction far protection constitution invoked contract rights complainant suit rights person property latter cases said jurisdiction may exercised individual defendants notwithstanding official character acts cases former description jurisdiction denied distinction however obvious acts alleged bill threatened defendants present petitioners violations assumed contract state virginia complainants considered acts state virginia defendants individuals parties contract capable law committing breach remedy breach contract actual apprehended except upon contract law parties certain sense certain ways constitution protects contracts laws state subsequently passed impairing obligation provision recognized extending contracts individual state apparent subject constitutional principle equal authority contained eleventh amendment secures state immunity suit wherever question arises litigation individuals involve suit state contract judicially recognized binding force notwithstanding subsequent law state impairing obligation right incidental judicial proceeding course question concerning arises positive substantive right absolute character secured constitution every possible infraction redress given strangers contract injurious consequences acts done omitted accordingly held carter greenhow sup direct action denial right secured contract upon contract lie provisions statutes authorizing actions redress deprivation color state law right privilege immunity secured constitution case said page sense rights secured constitution answer provision article forbids state pass laws impairing obligation contracts constitutional provision far said confer upon secure person individual rights indirectly incidentally forbids passage laws described nevertheless passed legislature state unconstitutional void judicial proceeding necessary vindicate rights contract affected legislation individual right judicial determination declaring nullity attempt impair obligation right secured clause constitution contract individual state action lie state action founded upon defendants officers state object enforce specific performance compelling things done defendants done constitute performance state forbid things done merely breaches contract state substance suit state equally within prohibition constitution doubted eleventh amendment stitution operates create important distinction contracts state individuals contracts individual parties case contracts individuals remedies enforcement breach existence time entered part agreement constitute substantial part obligation louisiana new orleans obligation virtue provision article constitution impaired subsequent state legislation thus covenants conditions contract preserved also substance original remedies enforcement different contracts individuals state respect virtue eleventh amendment constitution remedy suit state contract substantially without sanction except arises honor good faith state subject coercion although state may inception contract consented one conditions subject suit may subsequently withdraw consent resume original immunity without violation obligation contract constitutional sense beers arkansas railroad tennessee object purpose eleventh amendment prevent indignity subjecting state coercive process judicial tribunals instance private parties thought neither becoming convenient several union invested large residuum sovereignty delegated summoned defendants answer complaints private persons whether citizens aliens course public policy administration public affairs subject controlled mandates judicial tribunals without consent favor individual interests secure manifest purposes constitutional exemption guarantied eleventh amendment requires interpreted literally narrowly fairly breadth largeness effectually accomplish substance purpose spirit must held cover suits brought state name also officers agents representatives state though named nevertheless real party alone fact relief asked judgment decree effectively operates intended way impinge upon principle justifies suits individual defendants color authority unconstitutional legislation state guilty personal trespasses wrongs forbid suits officers official capacity either arrest direct official action injunction mandamus suits authorized law act done omitted purely ministerial performance omission plaintiff legal interest respect latter class cases repeat said board liquidation mccomb state without consent sued individual substitute discretion executive officers matters belonging proper jurisdiction latter well settled plain official duty requiring exercise discretion performed performance refused person sustain personal injury refusal may mandamus compel performance duty threatened violated positive official act person sustain personal injury thereby adequate compensation law may injunction prevent cases writs mandamus injunction somewhat correlative either case officer plead authority unconstitutional law performance violation duty prevent issuing writ unconstitutional law treated courts null void example illustration class found seibert lewis sup need apprehended construction eleventh amendment applied case anywise embarrass obstruct execution laws cases officers state guilty acting violation color authority government enforcement laws deals persons within territorial jurisdiction individuals owing obedience authority penalties disobedience may visited upon without regard character assume act nature exemption may plead justification nothing interposed individual obligation owes constitution laws shield defend authority extent limits authority government means judicial power interprets applies therefore individual acting assumed authority state one officers color laws comes conflict superior authority valid law stripped representative character subjected person consequences individual conduct state power impart immunity responsibility authority contradistinction classes cases reasons given adjudge suit cooper others marye others injunctions granted present petitioners substance law suit state virginia therefore within prohibition eleventh amendment constitution terms provision case judicial power extend circuit without jurisdiction entertain proceedings exercise jurisdiction assumed null void orders forbidding petitioners bring suits bringing adjudged contempt authority power make orders adjudging contempt equally void imprisonment without authority law ordered therefore petitioners discharged field concurring concur judgment discharging arrest imprisonment attorney general virginia officers state adjudged circuit guilty contempt refusing obey order case cooper marye fined committed fine paid purge contempt acts commanded also concur main position stated opinion upon discharge petitioners ordered namely case cooper marye law fact suit subjects foreign state state virginia suit character judicial power eleventh amendment constitution extended object suit enjoin attorney general commonwealth attorneys several counties cities towns virginia bringing suits name commonwealth enforce collection taxes payment coupons originally attached bonds tendered enjoin officers commonwealth charged supervision management legal proceedings behalf bringing suits name nothing less enjoin commonwealth officers suits instituted prosecuted seems obvious conclusion reason given bill cooper marye seeking injunction state passed various acts creating impediments way holders coupons establishing genuineness value practically destroyed performance obligations evaded unless officers state restrained prosecuting suits numerous devices state resorted order escape obligations forms law may true seriously embarrass assertion claims sufficient reason denying state right prosecute demands taxes courts obstacles maintenance claims holder presented state legislation repugnant constitution laws assume advance sustained courts virginia coupons tendered produced suits mentioned reason deny hearing upon demands sustained remedy may found tribunal decisions conflict constitution laws may reviewed corrected many frequent officers state acting legislation conflict constitution laws may restrained federal courts officers attempt virtue legislation take private property public use without offering compensation ways deprive one use enjoyment property understand opinion doctrine contrary recognized approved wide difference restraining officers state interfering cases property citizen restraining prosecuting suit name state courts collect alleged claim courts times open prosecution demands open citizens prosecution claims however make special concurrence opinion majority language expressing approval positions taken louisiana jumel dissented agreeing majority either statement object case law applicable sup considered case brought compel officers state laws former constitution consented might judicial tribunals required expressed time majority conviction invalidity unconstitutionality ordinance repudiation embodied new constitution louisiana time also expressed antoni greenhow opinion equally invalid legislation virginia sup adhere dissenting opinions cases concurring judgment case respect depart qualify said harlan dissenting adhere views expressed louisiana jumel sup antoni greenhow sup cunningham macon sup concurred judgments poindexter greenhow sup allen railroad sup feel obliged dissent opinion judgment cases cooper marye jurisdiction circuit questioned far depends upon citizenship parties plaintiffs subjects citizens great britain defendants citizens virginia whether plaintiffs merely holders virginia coupons commonwealth legal ground complaint reason refusal officers accept tendered like coupons plaintiffs sold transferred used meeting taxes whether statutes officers proceeded intend proceed repugnant constitution therefore void whether preliminary injunction question refused upon ground complete adequate remedy law whether necessity avoiding conflicts courts officers state acting obedience statutes ample reason refusing grant injunction whether officer enjoined merely bringing suit behalf public suit necessarily judgment therein involving invasion property rights defendant therein matters circuit sitting equity competent determine upon final hearing cooper marye etc questions open consideration except upon appeal final decree case consequently liberty express opinion inquiry made whether cooper marye suit virginia within meaning eleventh amendment constitution agree prisoners must discharged judicial power extend suits state citizens another state subjects foreign countries opinion suit character stand upon adjudged osborn bank wheat chief justice marshall speaking case said may think laid rule admits exception cases jurisdiction depends party party named record consequently eleventh amendment restrains jurisdiction granted constitution suits necessity limited suits state party record amendment full effect constitution construed construed jurisdiction never extended suits brought state citizen another state aliens state party record jurisdiction parties record true question one jurisdiction whether exercise jurisdiction make decree defendants whether considered real interest nominal parties principles recognized several decisions notably lee kaufman lee sup action recover body land alexandria county virginia acres constituted arlington cemetery previously established military station national cemetery soldiers sailors union action brought cemetery actual possession defendants officers officers certainly personal interest result suit simply represented real parties interest parties record made parties proceeded determination case parties result judgment determining lee legal right possession arlington cemetery officers control authority duty proceed case notwithstanding rested mainly upon decision osborn bank quoted emphatic approval following language state ohio made party defendant scarcely denied strong case injunction objection real party brought suit sustained agents party cases cited show chancery make decree unless substantially interested made parties suit certainly true power plaintiff make parties person real principal person true source mischief whose power whose advantage done law exempt judicial process subversive best established principles say laws afford remedies agent employed wrong afford principal joined suit order one might suppose osborn bank modified overruled subsequent decisions lee case referring several decisions said decisions never overruled contrary late case davis gray wall case osborn bank cited approval establishing among propositions state concerned state made party done done sufficient reason omission may proceed decree officers state respects state party record deciding parties suit look beyond record making state officer party make state party although law may prompted action state may stand behind real party interest state made party shaping bill expressly view individuals corporations intended put relation case though prepared say proceed officer respects state party may taken intimating general way views time poindexter greenhow sup sustained suit private individual treasurer charged duty collecting taxes recover certain personal property defendant seized taxes due virginia plaintiff suit seizing property officer disregarded tender previously made state coupons earnestly contended officer state statutes commanded personal interest matter suit legal effect one state suit recover property seized nonpayment taxes conformity statutes virginia result direct suit state compel performance contract enjoin officer carrying statutes effect view overruled mainly upon authority osborn bank quoted approval passages found opinion lee case reference thereto observed language may observed quoted approval lee principle enunciates constitutes foundation upon decision case rested poindexter case said immunity suit secured constitution exempt state operation constitutional provision state shall pass law impairing obligation contracts long settled contracts state individual fully protected constitution contracts two individuals true remedy breach contract state way damages compensation means process compel performance open constitution courts direct suit state part injured party citizen another state citizen subject foreign state equally true whenever controversy parties suit courts jurisdiction question arises upon validity law state impairing obligation contract jurisdiction thereby ousted must exercised whatever legal consequences rights litigants may result determination upon identically grounds rests decision allen railroad sup maintained right company injunction prevent collection taxes distraint upon property tender state receivable coupons payment taxes suit auditor public accounts treasurer virginia certainly personal interest collection taxes obeying statutes state assumed constitutional binding upon effect suit say state virginia collect revenue mode proposed statute thereby violate rights secured constitution vain urged officers state virginia real party interest state act officers enjoin enjoin state consequently suit one state within meaning eleventh amendment overruled contention holding substance state virginia named party impossible make party officers prevented touching property railroad statute void constitution result former decisions suit officers recover property legally possession suit neither suit officers state recover property illegally taken obedience statutes state suit brought state officers enjoin taking command state property tendered coupons taxes due suits state within meaning eleventh amendment constitution adjudged cases us suit merely state officers enjoin bringing actions previously tendered coupons suit state grant difference cases heretofore decided case cooper marye difference involve jurisdiction circuit rather use language chief justice marshall exercise jurisdiction commonwealth virginia authority enact statutes impairing obligation contracts statutes impairing obligation contracts exclusively individuals state new jersey wilson cranch bank billings pet green biddle wheat woodruff trapnall wolff new orleans gas light sup statute void impairing obligation state contract affords justification one confers authority officer proposes enforce statute party obligation whose contract sought impaired latter judgment may proceed suit officer thereby obtain protection rights contract proposed action officer contrary view enables state use immunity suit effect constitution forbids namely enact statutes impairing obligation contract officer state take shelter behind immunity proceeds execution void enactment injury citizen rights contract look provision declares constitution shall law land anything constitution laws state contrary notwithstanding lost value respect contracts state makes individuals repeat difference suit officers state enjoining seizing property citizen obedience void statute state suit enjoining officers bringing order state name action alleged result injury rights complainant difference affects jurisdiction exercise jurisdiction former suit state latter deemed class