suits brought by any person to recover damages for any injury to his person or property on account of an act done by him under law of the United States for the protection or collection of its revenues. This is substantially the provision in section 2 of the famous Force Bill, passed in view of the threatened nullification by South Carolina of the tariff of 1828.1 It was a part of Gen. Jackson's answer to that State.

The other provisions all originated subsequently to the Civil War. They are intended more effectually to secure the rights guaranteed by the 13th, 14th and 15th amendments. The 15th section gives jurisdiction over suits at law or in equity authorized by law to be brought by any person to redress the deprivation, under color of any law, statute, ordinance, regulation, custom or usage of any State, of any right, privilege or immunity, secured by the Constitution of the United States, or of any right secured by any of its laws providing for equal rights of its citizens, or of all persons within its jurisdiction. It was under this provis ion that suits were brought by some colored citizens of Anne Arundel County residing in Annapolis against registers of voters of that city who, acting under the terms of a State law, had refused them registration. JUDGE MORRIS upheld the jurisdiction of the Court and awarded damages to the plaintiffs.2

193. Jurisdiction for Enforcing Rights Under the Laws Regulating Commerce, the Immigration of Aliens and Protecting Trade and Commerce Against Restraints and Monopolies.-Paragraph 8 confers upon the District Court jurisdiction over all suits and proceedings arising under any law regulating commerce. Under this head are included suits brought for deaths or personal injuries under the Employer's Liability Act of April 22, 1908.

1 Act March 2, 1833.

2 Anderson vs. Myers, 182 Fed. 223.

Section 22 confers like jurisdiction of suits or proceedings arising under any law regulating the immigration of aliens or under the contract labor laws, and section 23 of all suits and proceedings arising under any law to protect trade and commerce against restraints and monopolies.

194. Jurisdiction of Certain Proceedings Under the National Banking Acts.-Paragraph 16 gives jurisdiction of proceedings by the United States or of its officers against national banking associations and for winding up the affairs of such banks, and of suits brought by a national bank to enjoin the Comptroller of the Currency or any receiver acting under his direction.

CHAPTER VIII.

DIVERSITY OF CITIZENSHIP.

195. Suits Which May Be Brought in the Federal Courts Because of the State or National Character of the Parties to Them.-We have seen that a suit of a civil nature at law or in equity in which upwards of $3,000 is in controversy may be brought in a District Court of the United States no matter what may be the nationality or citizenship of any of the parties, provided it arises under the Constitution, the laws or the treaties of the United States. We have now to consider those suits which may be there instituted because there are certain kinds of diversity of citizenship or nationality between the opposing parties. When such diversity of citizenship exists, the Courts of the United States will have jurisdiction, although the dispute does not involve any Federal question. Jurisdiction so arising is commonly spoken of as that dependent upon diversity of citizenship; but not every kind of such diversity suffices to make the controversy one of Federal cognizance.

196. What Kinds of Diverse Citizenship Are Constitutionally Sufficient to Give Jurisdiction to the Federal Courts. The Constitution declares that the judicial power of the United States shall extend, among other matters, to (a) "controversies between a State and citizens of another State;" (b) "between citizens of different States" *** and (c) "between a State and the citizens thereof and foreign States, citizens or subjects." It is only when some one of the kinds of diversity of citizenship or nationality so enumerated exists that a controversy may on that ground be brought into the Courts of the United States.

197. District Courts Have No Jurisdiction of Suits Between a State and Citizens of Another State or Aliens. Subject to the limitations imposed by the Eleventh Amendment, which "recalled" the decision of the Supreme

1 Constitution, Art. 3, sec. 2.

Court in Chisholm vs. Georgia,1 the Supreme Court has original jurisdiction of all suits of a civil nature to which a State is a party. This jurisdiction is exclusive, except as to controversies between a State and its citizens, or between a State and citizens of other States or aliens, in which cases the Supreme Court has original jurisdiction concurrent with the Courts of the States, but not with the District Courts.

198. District Courts May Have Jurisdiction of Suits Between Citizens of Different States.-Suits between citizens of different States are expressly within the grant of judicial power to the United States and by the Judicial Code original, but not exclusive, jurisdiction of such suits when upwards of $3,000 is in controversy is conferred upon the District Courts.1

199. What Does the Constitution Mean by a "State"?-In the second section of the third article of the Constitution declaring the extent of the judicial power of the United States, the word "State" is used either in the singular or in the plural eight times. In one of these it is preceded by the limiting adjective "foreign;" in the other seven it is unqualified. It was early settled that when the Constitution speaks of a State it means a State of the American Union unless the context clearly shows that another meaning is intended.1 Citizenship which is neither of a State of the Union or of some foreign country cannot give jurisdiction to the Courts of the United States. A citizen of the District of Columbia or of one of the territories is, accordingly, not a citizen of a State. Suits to which he is a party may not be brought in the Federal Courts if the jurisdiction of those Courts is invoked solely on the ground of diverse citizenship.2

12 Dallas, 419.

2

1 Judicial Code, sec. 24, par. 1, cl. b.

'Hepburn vs. Elzey, 2 Cranch, 445.

Hepburn vs. Elzey, supra; Corporation of New Orleans vs. Winter, 1 Wheat. 92.

200. What Makes One a Citizen of a State?—To be a citizen of a particular State one must be a citizen of the United States by birth or naturalization, and he must at one time have been an actual resident of the State in question with intent at the time of such residence to make it either his permanent home or his home for an indefinite period.

201. Citizenship Not Synonymous With Residence. -Residence in a State does not necessarily make one a citizen of it. It follows that the statement that one is a resident of a particular State, is not equivalent, in its legal effect to the allegation that he is a citizen of that State.

A plaintiff was described as a resident of Ohio in the County of Richland. The Supreme Court held that this was rot a sufficient allegation that he was a citizen of Ohio.1

202. Citizenship Not Dependent Upon Length of Residence. It does not require any particular time to make one who is already a citizen of the United States, a citizen of a State into which he moves. Doubtless he may become a citizen of such State as soon as he has taken up residence therein with intent to make it his permanent home or his home for an indefinite period. This, of course, does not mean that he will be entitled to vote in that State before he has lived in it the length of time prescribed by its Constitution or laws as a qualification for suffrage. One may be a citizen without having the right to vote; for example, a woman is a citizen, although in many States she can not

vote.

203. Citizenship Dependent Upon Intent to Acquire Domicile. While one may become a citizen of a State so soon as he moves into it, he does not become a citizen no matter how long he remains in it, unless when he comes into it, or at some subsequent period he in good faith forms an intention to take up his domicile therein.

Neel vs. Pennsylvania Company, 157 U. S. 153.