by John Marshall Harlan

“ Nothing more was done by the constitution than to extend the judicial power of the United States to specified cases and controversies; leaving to congress to determine whether the courts to be established by it from time to time should be given exclusive cognizance of such cases or controversies, or should only exercise jurisdiction concurrent with the courts of the several states. ”

“ Where an exclusive authority is, in express terms, granted to the Union; or, where a particular authority is granted to the Union, and the exercise of a like authority is prohibited to the states; or, where an authority is granted to the Union, with which a similar authority in the states would be utterly incompatible. ”

“ If the clause just quoted is not to be interpreted as giving this court exclusive jurisdiction in cases affecting consuls, upon like grounds it cannot be interpreted as giving this court exclusive jurisdiction in suits instituted by a state, simply because of the provision giving the supreme court original jurisdiction where the state is a party. ”