Melville Fuller

“ The jurisdiction of the circuit court of the United States depends upon the acts passed by congress pursuant to the power conferred upon it by the constitution of the United States, and cannot be enlarged or abridged by any statute of a state. The legislature or the judiciary of a state can neither defeat the right given by a constitutional act of congress to remove a case from a court of the state into the circuit court of the United States, nor limit the effect of such removal. ”

“ An appearance which waives the objection of jurisdiction over the person is a voluntary appearance, and this may be effected in many ways, and sometimes may result from the act of the defendant, even when not in fact intended. But the right of the defendant to a removal is a statutory one, and he is obliged to pursue the course pointed out ”

“ Ct. 374; Smith v. Lyon, 133 U.S. 315, 320, 10 Sup. Ct. 303; In re Pennsylvania Co., 137 U.S. 451, 454, 11 Sup. Ct. 141; Fisk v. Henarie, 142 U.S. 459, 467, 12 Sup. Ct. 207; Shaw v. Mining Co., 145 U.S. 444, 449, 12 Sup. ”