Horace Gray

“ The original agreement between the agent and the state was expressly authorized by its legislature, and was, therefore, lawful and valid when made. That agreement, as construed by the court, did not necessarily require the agent's compensation to be paid out of money received from the United States. The act of congress, as the court observed, 'did not undertake to declare void any contracts theretofore made between the representative of the state and an agent or attorney.' It did provide that no part of the money received from the United States should be paid by the state to its agent. ”

“ Congress has evidently considered that, in some cases, at least, to permit contracts to be made for the payment to attorneys, by was of contingent fee, of a large proportion of the amount to be recovered, is in danger of leading to extortion and oppression. ”

“ As was said by Chief Justice Taney: 'It is an established principle of jurisprudence, in all civilized nations, that the sovereign cannot be sued in its own courts, or in any other, without its consent and permission ”