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Ex Parte Juan Madrazzo 627 (1833)

handle is hein.slavery/ussccases0125 and id is 1 raw text is: JANUARY TERM 1833. Ex PARTE JUAN MADRAZZO. Juan Madrazzo, a subj ect of tha king of Spain, filed a libel praying admiralty process against the state of Georgia, alleging that the state was in pos- session of a certain sum of money, the proceeds of the sale of certain slaves whichhad been seized as illegally brought into the state of Georgia; and which seizure had been subsequently, under admiralty proceedings, adjudged to have been illegal, and tht right of Madrazzo to the slaves, and the money arsing from the sale thereof, established by the decision of the circuit court of the United States for the district of Georgia. The counsel for the petitioner claimed that the supreme court had jurisdiction ofthe case, alleging that the eleventh amendment of the constitution of the United States, which declares that the judicial power of the United States shall not extend to any suits m law or equity, did not take away the jurisdiction of the courts of the United States, in suits in the admirally against a state. Held, that this is nota case where property is in custody of a court of admiralty; or brought within its jurisdiction, and in the pos- session of any private person. It is a mere personal sit against a state to recover proceeds in its possession, and such a- suit cannot be com- menced in this court against a state. MR WHITE presented a libel, in the admiralty, against the state of Georgia, claiming relief by the aid of this court, in fa- vour of the'libellant, a subject of his catholic majesty the king of Spain, domiciled in the city of Havanna. The right of the libellant to maintaid this proceeding against the state of Georgia, Mr White stated, depended on the con- struction the court would give to the eleventh amendment of the constitution of the United States, which declares that the judicial power of the United States shall not be construed to extend to any suit in law or m equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. If the court should be of opinion, that, notwithstanding this amendment, jurisdiction could be entertained in a suit in the admiralty against a state, he asked that a citation in the na- ture of admiralty process, or -such other proceedings in the case, as the court should deem proper, should be awarded against the state of -Georgia, returnable to the next term of this court. The libel stated ihat the libellant, Juan Madrazzo, was a

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