53 Ala. 637 | Ala. | 1875
The appeal in this cause is from an order of the chancellor dismissing appellant's bill on the ground that the court could not entertain jurisdiction of a cause against the State after enactment of the statute No. 200, approved December 18, 1874, to repeal sections 2534, 2536 and others of the Bevised Code, and repealing “all laws and parts of laws .... which make any provision for bringing or conducting suits against the State." This act was considered by us in Ex parte The State of Alabama (52 Ala. 231) , in which we held that it operated to prevent the prosecution of a cause then pending in the circuit court of Montgomery county against the State, and required a dismissal of it by the court.
On behalf of appellant, it is insisted that this decision in that case does not control in this, because, as contended,
The three-fifths above mentioned constitute what is known
Courts that were created by and derive their authority from the State of Alabama, are not at liberty to entertain the idea that she is in political right and dignity the inferior of any other in the sisterhood of States. She was invited into and entered the Union according to the express language of the act referred to, and of the joint resolution of the congress of the United States, approved December 14, 1819, “on an equal footing with the original States in all respects whatsoever.” 3 U. S. Stat. at Large, 489-90 and 608.
We have not turned aside from the consideration of the only question presented by the order appealed from, to examine the bill and inquire whether or not by the acts of the legislature of Alabama, professing to make loans of the three per cent, fund, appellant has the right it claims therein. Having no power to render a decree against the State, the chancellor properly repudiated the cause, and his order dismissing it is affirmed, with costs.