United States Supreme Court Cases & Opinions

U.S. Supreme Court

Hollingsworth v. Virginia, 3 U.S. 3 Dall. 378 378 (1798)

Hollingsworth v. Virginia

3 U.S. (3 Dall.) 378

Syllabus

The amendment of the Constitution of the United States by which the judicial power of the United States was declared not to extend to any suit commenced or prosecuted by a citizen or citizens of another state or by foreign subjects against a state prevented the exercise of jurisdiction in any case past or future.

The decision of the court, in the case of Chisholm v. Georgia, 2 U. S. 419, produced a proposition in Congress for amending the Constitution of the United States according to the following terms:

"The judicial power of the United States shall not be construed to extend to any suit in law and 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 proposition being now adopted by the constitutional number of states, Lee, Attorney General, submitted this question to the Court whether the amendment did or did not supersede all suits depending, as well as prevent the institution of new suits against any one of the United States by citizens of another state.

Page 3 U. S. 382