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	Chisholm v. Georgia -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-10-10)
		Georgia, (Click link for more info and facts about 2 U.S. (1793) is considered by many to be the first great (The highest federal court in the United States; has final appellate jurisdiction and has jurisdiction over all other courts in the nation) United States Supreme Court case.
		Georgia refused to appear, claiming that as a " (A nation's ruler or head of state usually by hereditary right) sovereign," a state did not have to appear in Court to hear a suit against it to which it did not consent.
		Georgia's refusal to appear in front of the court, however, had actually denied the Court's authority to hear a case in which a state was a (A person or institution against whom an action is brought in a court of law; the person being sued or accused) defendant.
	www.absoluteastronomy.com /encyclopedia/c/ch/chisholm_v._georgia.htm (421 words)

	Fletcher v. Peck
		In 1789, Georgia sold much of this land (known as the Yazoo because of the presence of a river by that name in the area) to speculators, but the attempt to settle this land failed due in part to the presence of the people of the Cherokee, Creek, Choctaw, and Chickasaw tribes.
		In early 1795 (after a veto by the Governor), the Georgia legislature, all but one of whom was bribed, passed a law granting the Yazoo lands to the four Yazoo land Companies for $500,000, or one and a half cents per acre.
		Georgia is a member of the American union; and that union has a constitution the supremacy of which all acknowledge, and which imposes limits to the legislatures of the several states, which none claim a right to pass.
	www.michaelariens.com /ConLaw/cases/fletcher.htm (2580 words)

	New Georgia Encyclopedia: Chisholm v. Georgia (1793)
		Georgia is the most famous and the most important of the U.S. Supreme Court's eighteenth-century decisions.
		Georgia later refused to pay for the goods, because Farquhar was a British loyalist.
		After Farquhar died, however, the executor of his estate, Alexander Chisholm, who also hailed from South Carolina, brought an action on the still-uncollected account (as permitted by the then-operative federal jurisdictional statute) in the Supreme Court of the United States.
	www.georgiaencyclopedia.org /nge/Article.jsp?path=/GovernmentPolitics/Government/LegalCases&id=h-2940 (293 words)

	Chisholm v. Georgia (Site not responding. Last check: 2007-10-10)
		In 1777, the Executive Council of Georgia authorized the purchase of needed supplies from a South Carolina businessman.
		After the merchant's death, the executor of his estate, Alexander Chisholm, took the case to court in an attempt to collect from the state.
		Georgia maintained that it was a sovereign state not subject to the authority of the federal courts.
	www.oyez.org /oyez/resource/case/72/print (161 words)

	Alden v. Maine dissent
		Chisholm presented the questions whether a State might be made a defendant in a suit brought by a citizen of another State, and if so, whether an action of assumpsit would lie against it.
		The significance of Chisholm is its indication that in 1788 and 1791 it was not generally assumed (indeed, hardly assumed at all) that a State's sovereign immunity from suit in its own courts was an inherent, and not merely a comon-law, advantage.
		Chisholm demurred to the plea on the apparent ground that while the plea alleged that Georgia could not be compelled to appear before any court, Article III expressly declared that the federal judicial power extended to all controversies between a State and citizens of another State.
	web.utk.edu /~scheb/aldendissent.html (14253 words)

	Chisholm v. Georgia -- Encyclopædia Britannica
		South of the main ridge of the Caucasus, between the Caspian and Black seas, is the republic of Georgia.
		The country and its people have a rich heritage; during the 12th century, Georgia formed the center of an empire that stretched across the Caucasus.
		Between 1921 and 1991 Georgia was part of the Soviet Union, and it was the birthplace of Soviet dictator Joseph Stalin...
	www.britannica.com /eb/article-9082204?tocId=9082204 (620 words)

	Eleventh Amendment to the United States Constitution - Wikipedia, the free encyclopedia
		The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
		The amendment was passed after the Supreme Court's 1792 ruling in Chisholm v.
		Georgia, 2 U.S. (1793), that federal courts had the authority to hear cases in law and equity against states, and that states did not enjoy sovereign immunity from suits made by citizens of other states.
	en.wikipedia.org /wiki/Eleventh_Amendment_to_the_United_States_Constitution (292 words)

	Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996)
		In concluding that the federal courts could not entertain Chisholm's action against the State of Georgia, Justice Iredell relied on the text of the Judiciary Act of 1789, not the State's assertion that Article III did not extend the judicial power to suits against unconsenting States.
		Georgia, 2 Dall., at 434 (quoting §14 of the Judiciary Act of 1789.) He reasoned that the inclusion of this phrase constituted a command to the federal courts to construe their jurisdiction in light of the prevailing common law, a background legal regime which he believed incorporated the doctrineof sovereign immunity.
		Georgia, and themajority of the court did not think that it was sufficient to limit the jurisdiction of the Circuit Court.
	straylight.law.cornell.edu /supct/html/94-12.ZD.html (6517 words)

	OSCN Found Document:WALTON v. CHARLES PFIZER & CO., INC.
		Georgia be read in its entirety; as the most intelligent judicial utterance on governmental immunity through America's 200 years, it is worth reading".
		Georgia was represented by Ingersoll and Dallas, who presented a "written remonstrance and protestation" against the exercise of jurisdiction, but "in consequence of positive instructions" declined to participate in the argument.
		Oklahoma City, Okl., 527 P.2d 14 [1974] came for decision, I would have sought to declare the cited act unconstitutional because it is infected with a fatal infirmity in its limitation to cities with a population in excess of 200,000.
	www.oscn.net /applications/oscn/deliverdocument.asp?citeid=47920 (2593 words)

	[No title] (Site not responding. Last check: 2007-10-10)
		Documents relating to the Colonial History of New York, V, 948; VI, 4, 8, 951.] In those colonies which were provided by charter with a Court of Assistants, this body soon came to act as a judicial court.
		Chief Justice Bleckley of Georgia once remarked that courts of last resort lived by correcting the errors of others and adhering to their own.
		Nevertheless, they have often, years after formally announcing a certain legal doctrine in one of their opinions, declared it to be unsound, and overruled the case in which it was laid down.
	www2.cddc.vt.edu /gutenberg/etext05/7amjd10.txt (13101 words)

	Annotated Constitution pg 1522
		Chisholm had been brought under that part of the jurisdictional provision of Article III that authorized cognizance of ``controversies.
		Georgia was brought under this jurisdictional provision to recover under a contract for supplies executed with the State during the Revolution.
		The phrase is Justice Frankfurter's, from Larson v.
	www.eco.freedom.org /ac92/ac92pg1522.shtml (326 words)

	Hans v. Louisiana
		In the present case the plaintiff in error contends that he, being a citizen of Louisiana, is not embarrassed by the obstacle of the eleventh amendment, inasmuch as that amendment only prohibits suits against a state which are brought by the citizens of another state, or by citizens or subjects of a foreign state.
		It shows that, on this question of the suability of the states by individuals, the highest authority of this country was in accord rather with the minority than with the majority of the court in the decision of the case of Chisholm v.
		Georgia; and it has been conceded in every case since, where the question has, in any way, been presented, even in the cases which have gone furthest in sustaining suits against the officers or agents of states.
	www.law.duke.edu /publiclaw/supremecourtonline/editedCases/hanvlou.html (1096 words)

	HANS
		Georgia; and this fact lends additional interest to the able opinion of Mr.
		Barnard, 108 U.S. 447.The suit in the former case was prosecuted by virtue of a state law which the legislature passed in conformity to the constitution of that state.
		The words are these: "The circuit courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity,.
	plaza.ufl.edu /edale/HANS.htm (3342 words)

	Alden v. Maine (Site not responding. Last check: 2007-10-10)
		Georgia's response was more intemperate: Its House of Representatives passed a bill providing that anyone attempting to enforce the Chisholm decision would be " 'guilty of felony and shall suffer death, without benefit of clergy, by being hanged.' " Currie, supra, at 196.
		And, though the Court's decision in Chisholm may have had "champions 'every bit as vigorous in defending their interpretation of the Constitution as were those partisans on the other side of the issue' " post, at 37, the vote on the Eleventh Amendment makes clear that they were decidedly less numerous.
		The concerns voiced at the ratifying conventions, the furor raised by Chisholm, and the speed and unanimity with which the Amendment was adopted, moreover, underscore the jealous care with which the founding generation sought to preserve the sovereign immunity of the States.
	lw.bna.com /lw/19990629/98436.htm (18248 words)

	chisholm (Site not responding. Last check: 2007-10-10)
		CHISHOLM V. [Chisholm, a citizen of South Carolina and executor of the estate of a South Carolina merchant, sued the State of Georgia in the U.S. Supreme Court (original jurisdiction) to recover the value of clothing supplied to Georgia during the Revolutionary War.
		Georgia refused to appear, on the ground of sovereign immunity.
		Causes, and not parties to causes, are weighed by justice, in her equal scales: On the former solely, her attention is fixed: To the latter, she is, as she is painted, blind.
	www.law.missouri.edu /fisch/chisholm.htm (451 words)

	The Constitution of the United States of America
		Louisiana, Ex parte New York, and Principality of Monaco, is that Chisholm was erroneously decided and that the Amendment's effect, its express language notwithstanding, was to restore the ``original understanding'' that Article III's grants of federal court jurisdiction did not extend to suits against the States.
		Bitzer, 427 U.S. \41\The principal citation is, of course, Marbury v.
		Chisholm held, and the Eleventh Amendment reversed the holding, that the States had given up their immunity to suit in diversity cases based on common law or state law causes of action; Hans v.
	www.gpoaccess.gov /constitution/html/amdt11.html (6964 words)

	Sovereignty of the People (Site not responding. Last check: 2007-10-10)
		So, a person may be a citizen in the sense that as such he is entitled to the protection of his life, liberty, and property, even though he is not vested with the suffrage or other political rights[28].
		Roberts v Roberts (1947) 81 CA2d 871, 185 P2d 381.
		The terms "citizen" and "citizenship" are distinguishable from "resident" or "inhabitant." Jeffcott v.
	www.chrononhotonthologos.com /lawnotes/sovreign.htm (1835 words)

	Seminole Tribe v. Florida (1996)
		Georgia should be understood to be of a piece with the debate over judicial power famously joined in Martin v.
		Georgia, and the majority of the court did not think that it was sufficient to limit the jurisdiction of the Circuit Court.
		Georgia (1793), chose between the constitutional alternatives of abrogation and recognition of the immunity enjoyed at common law.
	faculty.maxwell.syr.edu /tmkeck/Cases/SeminoleTribevFlorida1996.html (17313 words)

	FindLaw Constitutional Law Center: U.S. Constitution: Eleventh Amendment: Annotations pg. 1 of 5
		But in the aftermath of that conflict, Congress for the first time effectively gave the federal courts general federal question jurisdiction,20 and a large number of States in the South defaulted upon their revenue bonds in violation of the Contracts Clause of the Constitution.
		Rather, wrote Justice Bradley for the Court, the Eleventh Amendment was a result of the ''shock of surprise throughout the country'' at the Chisholm decision and reflected the determination that that decision was wrong and that federal jurisdiction did not extend to making defendants of unwilling States.
		Madrazo, 26 U.S. (1 Pet.) 110 (1828), in which it was conceded that the suit had been brought against the governor solely in his official capacity and with the design of forcing him to exercise his official powers.
	conlaw.usatoday.findlaw.com /constitution/amendment11/01.html (2340 words)

	ipedia.com: Chisholm v. Georgia Article (Site not responding. Last check: 2007-10-10)
		Georgia 2 US 419 1793 is considered by many to be the first great United States Supreme Court case.
		Georgia's refusal to appear the court, however, had actually denied the Court's authority to hear case in which a state was a defendant.
		Finally, the passage of the Eleventh Amendment in 1798, which forbids Federal jurisdiction in cases when citizens of one state or foreign countries attempt to sue another state, formally removed the Court's jurisdiction in such cases.
	www.ipedia.com /chisholm_v__georgia.html (375 words)

	Supreme Law Library : Court Decisions : Chisholm v. Georgia : chisholm
		Can the State of Georgia, being one of the United States of America, lie made a pary- defendant in any case, in the Supreme Court of the United States, at the suit of a private citi- zen, even although he himself is, and his testa- tor was, a citizen of the State of South-Caro- lina?
		In the instance of Georgia, her Con- stitution establishes the Governor as the channel of communication with the Legislature; he is bound by oath to defend her; and he has insti- tuted a suit, now depending in this Court, in her behalf, against Brailsford, and others.
		The sovereign, when traced to his source, must be found in the man. I have now fixed, in the scale of things, the grade of a State; and have described its com- posure: I have considered the nature of sover- eignty; and pointed its application to the proper object.
	www.supremelaw.org /decs/chisholm/chisholm.htm (17340 words)

	Chisholm v. Georgia, 2 U.S. 419, 2 Dall. 419, 1 L.Ed 440. (Site not responding. Last check: 2007-10-10)
		Georgia (the second major case decision by the supreme court of the United States) would be readily available on the Internet, but I was unable to find it in 1999.
		As to the purposes of the union, therefore, Georgia is not a sovereign state.
		In determining the sense in which Georgia is a sovereign state, it may be useful to turn our attention to the political rights which emerged from the revolution: All the country now possessed by the United States was then a part of the dominions appertaining to the crown of Great Britian.
	www.geocities.com /tthor.geo/chisholmvgeorgia.html (2978 words)

	Alden v. Maine; College Savings Bank v. Florida Prepaid Postsecondary Education Expenses Board
		In 1793, shortly after the Constitution was ratified, the Supreme Court ruled in Chisholm v.
		As a third exception, the Court held that the Fourteenth Amendment gave Congress power to override the states’ Eleventh Amendment immunity from damage suits when it enacted statutes to enforce the guarantees of the Fourteenth Amendment to equal protection of the laws and due process of law.
		Georgia and to reaffirm what its nearly unanimous supporters understood to be the original intent of the Constitution not to abrogate the historic immunity of states from suits in any courts.
	www.zsrlaw.com /publications/articles/raaalden.htm (2783 words)

	PHC \| Alden v. Maine Brief (Site not responding. Last check: 2007-10-10)
		Second, the FLSA cannot be applied to state government since the power of Congress to regulate interstate commerce cannot be constitutionally applied to the regulation of the conditions of employment of state government officials or workers.
		When Georgia was sued in federal court by a citizen of South Carolina, Georgia claimed sovereign immunity and refused to appear in court.
		Chisholm had said sovereign states could be sued in federal court under diversity jurisdiction.
	originalintent.phc.edu /Library/98-436_B.asp (3621 words)

	Reader's Companion to American History - -*CHISHOLM* V. *GEORGIA* (Site not responding. Last check: 2007-10-10)
		CHISHOLM V. This 1793 case prompted the Eleventh Amendment to the Constitution after the Supreme Court ruled that it was appropriate for citizens of one state to sue another state.
		Two citizens of South Carolina sued the state of Georgia in the Supreme Court for confiscating certain property.
		Their suit rested on the Constitution's description of the Court's jurisdiction as including all cases "between a State and citizens of another State." Georgia contested the Court's jurisdiction, and its lawyers refused to appear in court.
	college.hmco.com /history/readerscomp/rcah/html/ah_016500_chisholmvgeo.htm (221 words)

	CITES BY TOPIC: sovereinty
		Strictly speaking, in our republican forms of government the absolute sovereignty of the nation is in the people of the nation and the residuary sovereignty of each state, not granted to any of its public functionaries, is in the people of the state; Chisholm v.
		Every sovereign state is bound to respect the independence of every other sovereign state, and the courts of one country will not sit in judgment on the acts of the government of another, done within its own territory.
		The idea of sovereignty was not associated in the Teutonic mind with dominion over a particular portion of the earth’s surface; it was distinctly personal or tribal; and so was their conception of law.
	famguardian.org /TaxFreedom/CitesByTopic/sovereignty.htm (3389 words)

	Amendment XI: Chisholm v. Georgia
		As a citizen, I know, the government of that state to be republican; and my short definition of such a government is--one constructed on this principle, that the supreme power resides in the body of the people.
		In determining the sense in which Georgia is a sovereign state, it may be useful to turn our attention to the political situation we were in, prior to the revolution, and to the political rights which emerged from the revolution.
		Let us now proceed to inquire, whether Georgia has not, by being a party to the national compact, consented to be suable by individual citizens of another state.
	press-pubs.uchicago.edu /founders/documents/amendXIs1.html (15554 words)

	John Jay - Free Online Library
		Jay became the first Chief Justice of the United States Supreme Court, serving from 1789 to 1794.
		During his term, he sat on such noted cases as Chisholm v.
		Georgia (which involved the right of a private citizen in one state to sue another state), Georgia vs. Brailsford (a reversal of the first case), and Glass vs. Sloop Betsy.
	jay.thefreelibrary.com (712 words)

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