by George Howard Earle, Jr.

“ As national and constitutional rights are, if not entirely, at least chiefly, the liberty or right to enjoy other rights; and as those other rights are, as we have already explained, also chiefly, if not entirely, protected by and within State jurisdiction, an action for damage must, in practically every case, involve that which is both interstate and intra-state. ”

“ The manufacture of rifles must be a purely State matter; but those who manufacture them with the object of shooting every one who dares exercise his freedom to trade between two States, would find the national jurisdiction reached him, notwithstanding every rifle was made in a single State, and as a purely intra-state matter. ”

“ No one can seek damages on the bare assertion that he is entitled to damages, and therefore claims damages. Damage is sometimes stated to be a cause of action, but then damage means injury. Damages are one of the reliefs asked for as the compensation for an injury. ”