Opinion
FEBRUARY TERM, 1809.
Martin contended, that the courts of the United States had not jurisdiction, it not being stated that the defendants were citizens of any state.
C. Lee, contra. The judiciary act gives jurisdiction to the circuit courts in all suits in which an alien is a party. Laws U.S. vol. 1. p. 55. § 11.
ERROR to the circuit court for the district of Maryland. The defendants below were described in the record as " late of the district of Maryland, merchants," but were not stated to be citizen's of the state of Maryland. The plaintiffs were described as " aliens and subjects of the king of the united kingdom of Great Britain and Ireland."
Turn to the article of the constitution of the United States, for the statute cannot extend the jurisdiction beyond the limits of the constitution.
(The words of the constitution were found to be " between a state, or the citizens thereof, and foreign states, citizens, or subjects.")
The court said the objection was fatal.
The record was afterwards amended by consent.