by John Marshall Harlan

“ If the individual defendants held possession, or were about to take possession of, or to commit any trespass upon, any property belonging to or under the control of the plaintiffs, in violation of the latter's constitutional rights, they could not resist the judicial determination, in a suit against them, of the question of the right such possession, by simply asserting that they held or were entitled to hold the property in their capacity as officers of the state. ”

“ That would be a very convenient way for obtaining a speedy judicial determination of questions of constitutional law which may be raised by individuals, but it is a mode which cannot be applied to the states of the Union consistently with the fundamental principle that they cannot, without their assent, be brought into any court at the suit of private persons. If their officers commit acts of trespass or wrong to the citizen, they may be individually proceeded against for such trespasses or wrongs. ”

“ And, if the question is determined adversely to the defendants in the highest court of the state in which the decision could be had, the judgment may be reexamined by this court upon writ of error. That the defendants may be frequently indicted constitutes no reason why a federal court of equity should assume to interfere with the ordinary course of criminal procedure in a state court. ”

“ The circuit court discharged the petitioners upon their own recognizances. It was error to discharge them, and thereby interfere with their trial in the state court. As already indicated, the circuit court, sitting in equity, was without jurisdiction to prohibit the institution or prosecution of these criminal proceedings in the state court. ”

“ This court said that the question really was whether the circuit court had jurisdiction to entertain the suit in which that order was made, the sole purpose and prayer of the bill therein being by final decree to enjoin the defendants, officers of Virginia, from taking any steps in execution of the statute the validity of which was questioned. ”

“ It was adjudged that, although Virginia was not named on the record as a party defendant, nevertheless, when the nature of the case against its officers was considered, that commonwealth was to be regarded as the actual party in the sense of the constitutional prohibition. ”