John Archibald Campbell

“ In this case, the United States admit no representation on their behalf; nor will they undertake the suit of either, nor admit the jurisdiction of the court to treat them as a suitor or party; but contest the authority of the court, are ready to contest or strengthen the positions of either party, and thus they seek, by an anomalous Austrian intervention, to overlook and control the proceedings of the litigants to their own aggrandizement. ”

“ She is the representative of all the proprietary rights and interests of her people in their contest with another sovereign. The United States, in resigning their sovereignty over the territory of Florida to the people, and by recognizing their government, relinquished their authority over this controversy, and consented that their proprietary claims to the waste and unappropriated lands should abide the issue to which the State, in her wisdom and fidelity, should attain. ”

“ While the constitution was under discussion, General Hamilton (Federalist, 81) said, 'that it is in the nature of sovereignty not to be amenable to the suit of an individual without its consent,' and contended, 'that to ascribe to the federal courts, by mere implication, and in destruction of a pre existing right of the state governments, a power which would involve such consequences, would be altogether forced and unwarrantable.' So, Mr. ”

“ Quorrington, 3 My. and C. 249, was that of a trustee, with a full assignment, suing in the name of the assignor, under his power of attorney, and obtaining a decree with notice to the defendant. The nominal plaintiff agreed to an order for delay, and the trustee petitioned for a discharge of the order, and that he might conduct the suit. Lord Cottenham said: 'It is a perfectly new equity. The only suit in court is a suit between the defendant and the party (assignor) with whom the contract was made. ”

“ The courts of chancery are more liberal in reference to the time of making parties and in the extent of their amendments. But in both courts the plaintiff is the dominus litis, and third persons may not come in unless he amends the proceedings, or his bill is fitted for it, as being a representative bill. ”

“ Similar provisions for special and occasional tribunals, in matters of jurisdiction and boundary, formed a part of the plan of the constitution till near the close of the convention when they were stricken out, and the general jurisdiction over those as well as other controversies delegated to this court. ”