Summary

Portrait of Roger B. Taney Roger B. Taney Beers v. Arkansas — Opinion of the Court

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; but it may, if it thinks proper, waive this privilege, and permit itself to be made a defendant in a suit by individuals, or by another State.
Source: Wikisource

Portrait of Roger B. Taney Roger B. Taney Beers v. Arkansas — Opinion of the Court

And after it was brought, and while it was pending in the Circuit Court, the Legislature passed an act, which was approved on the 7th of December, 1854, which provided, 'that in every case in which suits or any proceedings had been instituted to enforce the collection of any bond or bonds issued by the State, or the interest thereon, before any judgment or decree should be rendered, the bonds should be produced and filed in the office of the clerk, and not withdrawn until final determination of the suit or proceedings, and full payment of the bonds and all interest thereon
Source: Wikisource

Portrait of Roger B. Taney Roger B. Taney Beers v. Arkansas — Opinion of the Court

It contained no stipulation that these regulations should not be modified afterwards, if, upon experience, it was found that further provisions were necessary to protect the public interest; and no such contract can be implied from the law, nor can this court inquire whether the law operated hardly or unjustly upon the parties whose suits were then pending.
Source: Wikisource

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