John Marshall

“ Congress has passed no act for the special purpose of prescribing the mode of proceeding in suits instituted against a state, or in any suit in which the supreme court is to exercise the original jurisdiction conferred by the constitution.
The act to establish the judicial courts of the United States, section thirteen, enacts 'that the supreme court shall have exclusive jurisdiction of all controversies of a civil nature where a state is a party, except between a state and its citizens ”

“ Ordered, that process of subpoena issuing out of this court in any suit in equity, shall be served on the defendant sixty days before the return day of the said process; and farther, that if the defendant, on such service of the subpoena, shall not appear at the return day contained therein, the complainant shall be at liberty to proceed ex parte.' 3 Dall. 320; 1 Peters's Cond. Rep. 141.
In Huger et al. vs. The State of South Carolina, the service of the subpoena having been proved, the court determined that the complainant was at liberty to proceed ex parte. ”