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State of Rhode Island and Providence Plantations, Complainants v. the Commonwealth of Massachusetts, Defendant, The 657 (1838)

handle is hein.slavery/ussccases0097 and id is 1 raw text is: JANUARY TERM, -.s38. 657 THE STATE OF RHODE ISLAND P) ROVIDENCE PLANTATIONS, COMPLAINANTS V. THE COMMONWEALTH OF MASSACHUSETTS, DE- FENDANT. The Supreme Court has jurisdiction of a bill filed by the state of Rhode Island against the state of Massachusetts, to ascertain and establish the northern boun- dary between the states, that the rights of sovereignty and jurisdiction be restored and confirme4 to the plaintiffs; and they be quieted in the enjoyment thereof, and their title; and for other and further relief. Jurisdiction is the power to hear and determine the snbject matter in controversy between parties to a suit; to adjudicate or exercise any judicial power over them. An objection to jurisdiction, on the ground of exemption from the process of the. court in which the spit is brought, or the manner in which a defendant is brought into it, is waived by appearance and pleading to issue; but when the objection goes to the power of the court over the parties-, or the subject matter, the defend- ant need not, for he cannot give the plaintiff a better writ, or bill. The Supreme Court is one of limited and special original jurisdiction. Its action must be confined to the particular cads, controversies, and parties over which, the constitution and laws have authorized it-to act; any proceeding without.the limits prescribed is coram non judice, and its action a nullity. And whether the want or excess of power is objected by a. party, or is apparent' tox the Court, it must suro- cease its action, or proceed extra-judicially. The several states of the United States, in their highest sovereign capacity, in the convention of the people thereof, on whom, by the revolution, the prerogative of the crown and the tranpscendent power of parliamnt ddvolved, in a plenitude un- impaired by any act,,and controllable by no authority, adopted the: con'stitution; by which they respectively made to the United States a graht of judicial power over controversies 'between two, or more states. By the constitution, it vas ordained that this judicial power, i cases where a.state was a party, should be exercised by the Supreme Court, as one of original jirisdiction. The States waived their exemp- tion from judicial power, as, sovereigns by original and inhereit right, by their own grant of its exercise over themselves in such cases; but which they would not grant to any inferior tribunal. By this grant, this Court has acquired jurisdiction over the parties in this cause, by their own consent and delegated authority as their agent for executing the judicial power of the United States in the 6ases specified. Massachusetts has appeared, submitted to the process.in her legislative capacity; and plead in bar of the plaintiff's action certain matters on, which the judgment of the Court is asked. All doubts as to jurisdiction over the parties are thus at rest, as well by the grant of power by the people, as the submission of the legislature to the process; and calling on the Court to exercise its jurisdiction on the case pre- sented by the bill, plea, and answer. Although the constitution does not in terms extend the judicial power to all contro- versies between two or more states; yet it in terms excludes noue, whatever may be their nature or subject. This Court, in construing the constitution as t the grants of powers tothe United VOL. XI.-4 0

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