Early History of the Federal Supreme Court

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It has its affairs and in- terests; it has its rules; it has its rights; and it has its obligations. It may acquire property distinct from that of its members. It may incur debts to be discharged out of the public stock, not out of the private fortunes of in- dividuals. It may be bound by contracts, and for damages arising from the breach of those contracts. " Such being the nature of a state, is there any- thing in this description of it which intimates, in the remotest manner, that a state, a...ny more than the men who compose it, ought not to do justice and fill its engagements. Arguing from principles of justice, the analogy of a state to a group of individuals, and the relations which the individuals bear to the law, he reaches a negative conclusion. Says he: "A state, like a merchant, makes a contract; a dishonest state, like a dishonest merchant, wilfully refuses to discharge it; the latter is amenable to a court of justice. Upon general principles of right shall the former, when summoned to answer the fair demands of its creditor, be permitted, proteus- like, to assume a new appearance and to insult him and justice by declaring, 'I am a sovereign state'?

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