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the provision that this removal may be had, on involves questions that do not at all depend filing the general affidavit of prejudice or local on the Constitution or laws of the United influence, at any time before trial or final States; but when a question to which the judihearing of the suit.'"
cial power of the Union is extended by the The act of March 3, 1875, made another Constitution forms an ingredient of the origivery material enlargement of Federal at the nal cause, it is within the power of Congress expense of State jurisdiction. By all previous to give the Circuit Courts jurisdiction of that legislation, the right of removal was limited to cause, although other questions of fact or of cases in which either the plaintiff or the de- law may be involved in it." The court has fendant was a citizen of the State in which also held (Insurance Company against Morse, the suit was originally brought. The act of 20 Wallace, 445) that the right to remove cases 1875 abolishes this limitation and authorizes into the Federal court pursuant to the acts of the removal of cases in which neither party is Congress can not be defeated by State legislaa citizen of the State in which the action was tion. In accordance with this view it declared begun. It is enough if they are citizens of that a State statute allowing a foreign corporadifferent States. They need not be citizens of tion to do business in the State only on condithat in which the suit is brought, and the tion that it would agree not to remove suits right of removal is given to either plaintiff or against it to the Federal courts, was unconstidefendant. Besides thus increasing the class tutional, and the agreement void. of cases that may be removed into the Federal A striking development of Federal power courts on the ground of citizenship, the act may also be traced in the decisions of the also materially widens the circle of those that Supreme Court interpreting that clause of the may be removed on the ground of subject- Constitution which vests in Congress power matter independently of citizenship.
to regulate commerce among the States and The constitutional validity of all these acts with foreign nations. For more than a third has been affirmed or recognized by the Su- of a century after the adoption of the Constipreme Court, and on controverted points, as tution it was a much-debated question what to the meaning and effect of the acts, the de- were the respective rights of the national and cisions of the court, which have not always the State governments under this clause. In been unanimous, have tended greatly to ex 1824 the Supreme Court declared, in the case tend the jurisdiction of the Federal judiciary, of Gibbons against Ogden, that the power to and hence to limit that of the State courts. regulate foreign and interstate commerce was Thus, in construing the act of 1867, the ma- exclusive in Congress. This, however, left jority of the court held that a suit to annul a many important questions unsettled. For a will as a muniment of title, and to restrain the quarter of a century after its announcement enforcement of a decree admitting it to pro- it was maintained, not only by leading public bate, was a suit in equity which might be re men and constitutional lawyers, but also by moved to the Federal court when the parties several of the Supreme Court justices, that in were citizens of different States. Three of the the absence of congressional legislation a State judges dissented from this conclusion, and had the power to legislate on the subject, and maintained that the question involved was two decisions of the Supreme Court during simply ono relating to the probate of a will, that period are in barmony with this doctrine, and that, under the act of Congress, the Fed- if they do not directly support it. In 1851, eral tribunals had no jurisdiction of such a case. however, the court denied to the States most (Gaines against Fuentes, 92 United States Re- of the power that had been claimed for them, ports, 10.) And so, in the case of a Railroad and conceded it to the Federal Government. Company against Mississippi, decided in 1880, It held that in all matters of national character and reported in 102 United States Reports, Jus- and concern the power was exclusive in Contice Miller maintained, in a dissenting opinion, gress, whether exercised or not, and hence that the act of 1875 did not authorize a re that even in the absence of congressional acmoval of a suit which was not founded on a tion no State had authority to pass laws in Federal law, but in which a Federal law was matters of that kind. It conceded, however, incidentally involved in the defense merely. that in the absence of Federal legislation a While Congress “intended to allow the re- State might deal with certain strictly local moval of a suit where the very foundation matters pertaining to foreign and interstate and support thereof was a law of the United commerce, but held that even in such case States, it did not intend to authorize a re- State legislation must give way to or at least moval where the cause of action depended harmonize with any acts that Congress might solely on the law of the State, and when the choose to pass on the subject. act of Congress only came in question incident The theory that in purely internal commerally as part (it might be a very small part) of cial affairs the authority of the State is supreme the defendants' plea in avoidance.” The ma- has never been denied. But even here the jority of the court, however, consisting in this Federal power has been steadily carried by the case of six justices, held that “it is not suffi- logic of events and judicial decisions into the cient to exclude the judicial power of the domain of every State, and corresponding inUnited States from a particular case, that it roads have been made upon State sovereignty.
Commerce has become nationalized, and now He was the only son of Isaac Lawrence and partakes of an interstate character to an ex- his wife Cornelia, daughter of Dr. Abraham tent that was perhaps not dreamed of by the Beach, for many years one of the ministers of framers of the Constitution. In 1870 the Trinity Church, New York, and a descendant Supreme Court, holding that a steamer whose of the first white child born in the colony of trips were made wholly within one State, was Connecticut. Isaac Lawrence was an opulent subject to the laws of Congress, because trans- merchant, and for many years was President porting things brought from or destined to of the New York branch of the United States another State, declared that all local agencies Bank, and one of the presidential electors of or instruments, though operating wholly within James Monroe. Lawrence's ancestors came the State, fall under the jurisdiction of the from England about the middle of the sevenGeneral Government when employed in inter- teenth century, and received a patent for a state commerce. " It is said,” remarked the portion of Long Island, now constituting the court, “that if the position here asserted be towns of Flushing, Hempstead, and Newtown. sustained, there is no such thing as the domes- He was sent to Dr. Barry's school in Rector tic trade of a State; that Congress may take Street, and at the age of twelve, being too the entire control of the commerce of the young to gain admission in Columbia College, country, and extend its regulations to the rail- he entered Rutgers in New Jersey, spending roads within a State on which grain or fruit is two years there, when he joined the former intransported to a distant market. We answer stitution, graduating with high honors in the that the present case relates to transportation class of 1818. Henry J. Anderson was the only on the navigable waters of the United States, one above him, while James Lenox stood numand we are not called upon to express an opin- ber nine in the same class. After a tour to the ion upon the power of Congress over inter- West as far as the Mississippi, Lawrence entered state commerce when carried on by land trans- the office of William Slosson, an eminent New portation. And we further answer that we York lawyer. He also spent a year under the are unable to draw any clear and distinct line instruction of Judges Gould and Reeves, in between the authority of Congress to regulate whose law-school, at Litchfield, Connecticut, an agency employed in commerce between the John C. Calhoun was then a student. During States, when that agency extends through two the winter of 1820–21 Mr. Lawrence visited or more States, and when it is confined in its some of the leading families of South Carolina, action entirely within the limits of a single and spent several days with Jefferson at MontiState. If its authority does not extend to an cello, and with Madison at Montpelier. Soon agency in such commerce, when that agency after his return to New York' he married is confined within the limits of a State, its en- Esther, daughter of Archibald Gracie, a wealthy tire authority over interstate commerce may merchant, and sailed for Europe in one of Mr. be defeated.” (The Daniel Ball, 10 Wallace, Gracie's ships, carrying letters of introduction 566.)
from President Monroe, Secretary of State J. In the case of Lord against Steamship Com- Q. Adams, the French minister, Joseph Bonapany, decided during the session of 1880–81, parte, his father-in-law's intimate friend and and reported in 102 United States Reports, the frequent guest, Madison, and Jefferson, by lines of Federal supremacy were carried by the whom he was introduced to Lafayette, who encourt to a frontier in State domain before un- tertained him and his young wife for a fortnight known. It held that a vessel plying exclu- at La Grange. They were guests of Lord Holsively between the ports of one State, and en- land at Holland House, and of the Bonapartes gaged in traffic purely and wholly internal, is at Rome, then a center of elegant European employed in commerce over which Congress society. has exclusive control, provided that in making In 1823, Mr. Lawrence returned to the United its trips it goes out of the jurisdictional waters States, and was there admitted as counselor to of the State upon the high seas for any dis- the Supreme Court of New York. His special tance, however short. As vessels employed in attention was given there, as previously, to podomestic trade do generally go upon the high litical economy and international law, but not seas, the effect of this decision is to transfer to the exclusion of his taste for the beautiful, from a claimed State to Federal control the as seen in his address in 1825 before the New bulk of the coasting-trade of the country, al- York Academy of Fine Arts. In 1826, at the though carried on entirely within the limits of request of Albert Gallatin, he was appointed the States.
secretary of legation to Great Britain, GallaThis general outline of the decisions by the tin being our embassador, and his part in the Supreme Court shows a remarkable develop- negotiations may be inferred from Mr. Gallament of central power on the most important tin's report to the State Department, that Mr. points affecting the relations between the Lawrence was competent alone to conduct the States and the General Government.
mission. In 1827 President Adams appointed LAWRENCE, William Beach, LL. D., an him chargé d'affaires, and his correspondence American jurist and eminent writer on inter- with Lords Dudley and Aberdeen concerning national law, was born in the city of New York, the settlement of the boundary of our northern October 23, '1800; died there, March 26, 1881. and northeastern frontier evinced his diplo
matic ability and established his reputation as Lawrence in 1863. Lawrence's Wheaton has an expounder of international law. While in ever since been the accepted text-book among London he was intimate with members of the diplomatists, and as such is always referred to Political Economy Club, including McCulloch, in the United States Senate, to which body, in Grote the historian, Jeremy Bentham, and Sir connection with the President, the whole treaJohn Bowring, who became both his friend and ty-making power is confided. It is the standphysician, and he was a frequent contributor ard work in the English language upon the subto the “ Westminster Review." From England ject of international law, and it has appeared he went to Paris, and while pursuing his favor- in many of the European tongues. It has even ite studies, translated into English the “History been translated into the languages of China and of Louisiana," by Marbois (which was published Japan, and was the first English work that apin 1830), and made the acquaintance of Cousin, peared in Japanese. A rival edition by RichGuizot, Villemain, and many other men of ard Henry Dana, purporting to be original, eminence. On his return to New York after and covering exactly the same ground as Lawan absence of four years, he formed a law part- rence's Wheaton, led to long litigation in the nership with Han ton Fish, and displayed United States Circuit Court for Massachusetts. great powers in prosecuting claims for indem- Judge Clifford fully confirmed the claims of nity under the treaty of 1831, called the Rives Governor Lawrence, declaring Dana's work to Treaty, in which the Lawrence family were be an infringement of the American copyright largely interested, the claims being for spolia- law, and said, "Such a comprehensive collections under the decrees of Napoleon in viola- tion of authorities, explanations, and well-contion of the law of nations. His arguments were sidered suggestions, is nowhere, in the judgconimended by Webster, with whom he was ment of the court, to be found in our language, associated in some of the most important cases. as in Lawrence's Wheaton.
The lectures on political economy before the In 1868 there was published at Leipsic the senior class of Columbia College were repeated first volume of Lawrence's great original work by Mr. Lawrence before the Mercantile Library on “ International Law.” The fifth volume of Association, and were afterward published. this important treatise appeared in 1880, and These able lectures were in defense of free the sixth and concluding volume, now in manutrade, of which he was always a warm advo- script and almost complete, will soon be fincate. He was an active member of the New ished by another hand, and published by BrockYork Historical Society, and from 1836 to 1845 haus. This magnum opus, which was written vice-president of the society, Gallatin being and published in French, occupied a large porpresident. In the latter year, Mr. Lawrence, tion of the author's time during the last twelve by bis able argument before the Court of Er- years of his long and busy life. Among his rors, obtained a reversal of the Chancellor's many other publications may be mentioned, decision (Miller v8. Gable, 4 Denio, 570). At “The History of the Negotiations in Reference this period he purchased a large estate known to the Eastern and Northeastern Bonndaries of as Ochre Point, at Newport, Rhode Island, where the United States " (New York, 1841); “The he erected a commodious summer residence, Treaty of Washington ” (Providence, 1871); and in 1850 he removed his permanent home “Disabilities of American Women Abroad" to that place, where he continued to reside (New York, 1871); and “ Administration of until his death, with the exception of an oc- Equity Jurisprudence" (Boston, 1874). casional visit to Europe, or a winter spent in While in Europe, Brown University conWashington. Soon after his settlement in New- ferred upon him the degree of Doctor of Laws, port he was elected Lieutenant-Governor, and and he was distinguished as the first recipient in a short time, by a provision of the State Con- of the title of Doctor of Civil Law granted in stitution, he became Governor of Rhode Island. the United States, by a degree conferred by the While acting as such, he was instrumental in Regents of the University of the State of New abolishing the law for imprisonment for debt, York. As an international counselor he was in procuring a reform in the management of unsurpassed perhaps either in Europe or Amerthe jails, and in advancing various other re- ica. He achieved great professional distincforms.
tion in appearing before the British and AmerAfter the death of his friend Henry Wheaton, ican International Tribunal at Washington, in Mr. Lawrence prepared an edition of his “Ele- 1873, in the case of the Circassian, involving ments of International Law," which was pub- more than half a million dollars. He won the lished in 1855, for the benefit of Mr. Wheaton's suit, obtaining for his clients the reversal of destitute family. This work, which was more a decision of the United States Supreme Court, than doubled in size by the addition of Law- the only instance of that character which has rence's original matter, made the name of occurred in the country's history. Lawrence's Wheaton well known throughout the United argument in the case, on which the decision States and Europe. It immediately met with was rendered, is now regarded, both here and almost universal adoption in courts and con- in Europe, as an authoritative exposition of sular offices, and in colleges and universities, at several most important points of international home and abroad. A second edition, bringing law. He was one of the original members of the text down to date, was issued by Governor the “Institute of the Law of Nations," com