Peace Through Justice; Three Papers On International Justice And the Means of Attaining It

Cover Peace Through Justice; Three Papers On International Justice And the Means of Attaining It
Peace Through Justice; Three Papers On International Justice And the Means of Attaining It
James Brown Scott
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Rhode Island, 12 Peters, 755, decided by Mr.
Justice Thompson.) 4. The plaintiff State has the right, in the absence of the de- fendant duly summoned and against which a subpoena has been issued, to proceed to judgment against the defendant State in a suit which the Supreme Court has held to be between States and to be of a justiciable nature. (New Jersey vs. New York, 5 Peters, 284, de- cided by Mr. Chief Justice Marshall.) 5. In the exercise of its jurisdiction the Supreme Court does not comp
...el the presence of the defendant State (Massachustts vs. Rhode Island, 12 Peters, 755, decided by Mr. Justice Thompson), nor does PEACE THROUGH JUSTICE 67 it execute by force its judgment against a defendant State (Ken- tucky V9. Dennison, 24 Howard, 66, decided by Mr. Chief Justice Taney).
The reasonableness of the judgment and the advantage of judicial settlement have thus created a public opinion as the sanction of the Supreme Court in suits between States.
6. In the exercise of its jurisdiction the Supreme Court has moulded a system based upon equity procedure between individuals in such a way as to simpKfy it, giving to the defendant State opportunity to present its defense as well as to the plaintiff State to present its case without delaying or blocking the course of justice by technical objections.


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