with Notes of Reference (1803)St. George Tucker Miscellaneous Provisions
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310. C. U. S. Art. 1, Sec. 9.
311. L. V. Edi. 1794, c. 85.
312. It hath been said on the floor of the house of representatives of the United States, "that it had been repeatedly decided, that the United States would not permit themselves to be brought into their own courts." The editor had supposed that that clause of the constitution, which declares that "the judicial power shall extend to all cases, in law and equity, arising under the constitution," &c. had prescribed a different rule of decision. Nor can he, even now, form a different opinion upon the subject; believing that there is as much reason that a legal or equitable claim against the United States, should receive a judicial discussion, and decision, as any similar claim which might be made on their behalf. And though he doubts, as to the mode in which a judicial enquiry into the justice of a pecuniary claim against them may be instituted, yet he cannot doubt that the constitution meant to afford the right to every citizen of the United States.
313. C. U. S. Art. 4.
314. C. U. S. Art. 4.
315. Ibid.
316. C. U. S. Art. 4.
317. Spirit of Laws, B. 9. c. l and 2.
318. On this subject, see Federalist, vol. 2. p. 60 to 64.
319. The articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a congress of the United States, and be afterwards confirmed by the legislatures of every state. Confederation, Art. 13.
320. See Federalist, vol. II. p. 66.
321. C. U. S. Art. 6.
322. Federalist, Vol. I. No. 33. Vol. II. No. 44.
323. C. U. S. Art. 6.
324. The following amendments were proposed by one or more of the following states; viz. Virginia, New-York, North-Carolina, Massachusetts, New Hampshire, Rhode-Island, or South-Carolina, in convention; or may be found in an address to the people of Maryland, or in the proceedings at Harrisburg in Pennsylvania. The whole being collected in Carey's Museum, Vol 3, 4, 7, and 8, to which I must here refer the student.
325. The mission of a senator, during a recess of congress, to visit the western posts, with a salary of eight dollars a day, and his expences paid, may serve as an instance of this practice.