Hepburn Dundas v. Ellzey

• Decision Date: 01 February 1805
• Citation: 6 U.S. 445,2 Cranch 445,2 L.Ed. 332
• Parties: HEPBURN and DUNDAS v. ELLZEY
• Court: U.S. Supreme Court

6 U.S. 445

2 Cranch 445

2 L.Ed. 332

HEPBURN and DUNDASv.ELLZEY.

February Term, 1805

THIS case came before the court, on a certificate of division of opinion by the judges of the circuit court of the district of Virginia.

The certificate stated, 'in this cause it occurred as a question whether Hepburn and Dundas, the plaintiffs in this cause, who are citizens and residents of the district of Columbia, and are so stated in the pleadings, can maintain an action in this court against the defendant who is a citizen and inhabitant of the commonwealth of Virginia, and is also stated so to be in the pleadings, or whether for want of jurisdiction the said suit ought not to be dismissed.'

[Argument of Counsel from pages 446-451 intentionally omitted] Mr.Chief Justice MARSHALL delivered the opinion of the court.

The question in this case is whether the plaintiffs, as residents of the district of Columbia, can maintain an action in the circuit court of the United States for the district of Virginia.

This depends on the act of congress describing the jurisdiction of that court.That act gives jurisdiction to the circuit courts in cases between a citizen of the state in which the suit is brought, and a citizen of another state.To support the jurisdiction in this case, therefore, it must appear that Columbia is a state.

On the part of the plaintiffs it has been urged that Columbia is a distinct political society; and is therefore 'a state' according to the definitions of writers on general law.

This is true.But as the act of congress obviously uses the word 'state' in reference to the term as used in the constitution, it becomes necessary to inquire whether Columbia is a state in the sense of that instrument.The result of that...