Smith Thompson

“ There is no law of the United States, in any manner regulating the issuing of passports, or directing upon what evidence it may be done, or declaring their legal effect. It is understood, as matter of practice, that some evidence of citizenship is required, by the secretary of state, before issuing a passport. ”

“ It was received by the United States district court as sufficient, and the cause was removed and proceeded in accordingly. But there can be no doubt, that the United States court had a right to examine and decide for itself upon the grounds on which D'Arbel claimed to have his cause removed into the United States court. That court had a right to decide upon its own jurisdiction and remand the cause, if sufficient grounds for a removal were not shown. It cannot surely be in the power of the state court to compel the United States court to assume jurisdiction. ”

“ It is an action of assumpsit. The declaration contains the common money counts, and also counts for goods sold and delivered, work, labour and services, and an insimul computassent. There is an averment in the declaration, that the plaintiffs are citizens of the state of Maryland, and the defendant an alien, and subject of the king of Spain. The defendant pleaded the general issue, and also a plea in abatement, alleging that Domingo D'Arbel, one of the plaintiffs, was not, at the commencement of the suit, a citizen of the United States, or any one of them ”