by John Marshall Harlan

“ Nor can we sustain the contention that our jurisdiction may rest on the clause of § 709, 'or where is drawn in question the validity of a statute of, or an authority exercised under, any state, on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of their validity.' The authority of the state court to consider and pass upon the question, directly raised in the case before it, as to the jurisdiction of the circuit court of the United States on the bank's suit, was not drawn in question. ”

“ If it erred in so declaring, it was an error as to a matter of general law and involved no question of a Federal nature; still less an error which in any legal sense deprived the plaintiff of his reputation. ”

“ It cannot be doubted that it is a privilege liable to be abused, and its abuse may lead to great hardships; but to give legal sanction to such suits as the present would, we think, give rise to far greater hardships.' Abbott v. ”