by John Marshall Harlan

“ The court, by its construction, does what the act of congress does not do, and what it should not be supposed congress intended to do, namely, it divides suits arising under the constitution or laws of the United States and suits under treaties with foreign powers into two classes, and excludes one of those classes altogether from the original cognizance of the circuit courts of the United States. ”

“ Packard, 109 U.S. 421, 3 Sup. Ct. 289; Ames v. Kansas, 111 U.S. 449, 462, 4 Sup. Ct. 437; Pacific Railroad Removal Cases, 115 U.S. 2, 5 Sup. Ct. 1113; Starin v. City of New York, 115 U.S. 248, 257, 6 Sup. Ct. 28 ”