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Chisholm v. Georgia
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=== Prior history === Alexander Chisholm, a merchant in Charleston and an executor to Farquhar's [[Estate (law)|estate]], brought suit against the state of [[Georgia (U.S. state)|Georgia]] in the U.S. Circuit Court for the District of Georgia. The circuit court heard the case in October 1791 under the caption of ''Farquhar's Executor v. Georgia''.<ref name="Chisholm v. Georgia: Background and Settlement"<ref name=doylearticle1967>{{cite journal |last1=Mathis |first1=Doyle |title=Chisholm v. Georgia: Background and Settlement |journal=The Journal of American History |date=June 1967 |volume=54 |issue=1 |pages=19β29 |doi=10.2307/1900316|jstor=1900316 }}</ref>{{rp|20β22}} Chisholm sought Β£100,000 sterling in payment and damages. Georgia governor [[Edward Telfair]] argued that Georgia was "a free, sovereign and independent State...[and] cannot be drawn or compelled... to answer, against the will of the said State of Georgia, before any Justices of the federal Circuit Court for the District of Georgia or before any Justices of any Court of Law or Equity whatsoever",<ref name=doylearticle1967/>{{rp|22}} a stance of sovereign immunity. [[Associate Justice of the Supreme Court of the United States|Associate Justice]] [[James Iredell]], who heard the case while [[Supreme Court of the United States#Justices as circuit justices|riding circuit]], along with U.S. District Court Judge [[Nathaniel Pendleton]], dismissed the case, citing a lack of jurisdiction under the [[Judiciary Act of 1789]], on grounds that a state could not be sued by a citizen of another state in [[United States Circuit Court|federal circuit court]].<ref name=doylearticle1967/>{{rp|23}}
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