by John Marshall

“ The Circuit Court of the United States had no jurisdiction in the case, it involving jurisdiction over the state of Georgia.
Jurisdiction cannot be claimed on the ground of consent; it cannot be obtained by the voluntary appearance of the governor of Georgia to the libel of Madrazo, and he had no right to give jurisdiction. The exemption of a state from the jurisdiction of the Courts of the United States, is for the preservation of their sovereignty; it is an attribute of sovereignty, and it is no objection to the exception being taken, that the appearance was voluntary. ”

“ The governor appears, and files a claim on behalf of the state, to the slaves remaining unsold, and to the proceeds of those which are sold. He states the slaves to be in possession of the executive, under the Act of the Legislature of Georgia, made to give effect to the Act of Congress on the subject of negroes, mulattoes or people of colour, brought illegally into the United State; and the proceeds of those unsold to have been paid in the treasury, and to be no longer under his control. ”

“ During actual hostilities, there is nothing to prevent a state from fitting out a ship of war, or even a fleet, for defence, or annoyance; and the lawful prizes made by such a fleet, it is presumed, would be the property of the state-a state may exercise this power. ”