ginia, Kentucky, Maryland, Delaware, North Carolina--and of course, Georgia--held that the Court was wrong. They ratified what is now the Eleventh Amendment. They declared that:
The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States, by citizens of another State, or by citizens or subjects of any foreign state.
The necessary number of ratifications could be counted by February of 1795, but the amendment was not formally proclaimed a part of the Constitution until 1798. What is important to note, in this regard, is that Georgia totally defied the Court from the very inception of the suit in 1792. Georgia defied the Court, and Georgia remained in the Union. There was no violence, no secession, no anarchy. There was simply a question of contested power, submitted to the States for decision. And when they had decided it, that was the end of it. The Court in 1798 struck the Chisholm case from its calendar, and with it went all other suits against States commenced prior to the effective date of the Eleventh Amendment.10
Now, Georgia's drastic action in the Chisholm case was not the only instance of State interposition in the first half-dozen years of the republic; it was only the most spectacular, and the most decisive. It is the best place to begin.
Actually, however, the controversy over suits against a State was antedated by a warm dispute over Federal resumption of debts incurred by the individual States during the Revolutionary War. In Virginia, the people "by persevering and strenuous exertions" had redeemed a considerable portion of their debts through the