America in Congress assembled, two thirds of both houses concurring, that the following Article be proposed to the Legislatures of the several states as an amendment to the Constitution of the United States which when ratified by three fourths of the said Legislatures shall be valid as part of the said Constitution Viz 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

Be it therefore Enacted by the General Assembly of the State of North Carolina and it is hereby Enacted by the Authority of the same That the said Article Viz' 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 be and the same is hereby ratified on the part of this State as an amendment to the Constitution of the United States of America.

WM LENOIR S S.

TIMOTHY BLOODWORTH S. H C

Read three times and Ratifyed in general Assembly the 7th day of February 1795.

State of North Carolina

I James Glasgow Secretary of the State hereby certify the foregoing to be a Copy of the Original Act filed in the Secretarys Office In Testimony whereof I have hereto set my Hand this 20th day of February 1795

J GLASGOW

[INDORSEMENT.]

North Caro

"An Act ratifying an amendment to the Constitution of the United States of America."

passed 7 february 1795.

inclosed in a letter from Gov' Spaight of 10 March 1795.

Sir

In answer to your favour respecting the proceedings of our Legislature on the recommendation of Congress relative to the Suability of a State I have the honour to inform you that our Legislature have not yet decided on the same, but that I intend again to submit it to their consideration at their ensuing session in November

the

I had the honour of informing you by a former letter that our Legislature had not yet decided on the recommendation of Congress relative to the suability of individual states in the courts of the United States-lest any accident should have happened to my former Letter by the post as now too frequently is the case I take the liberty of transmitting this by Major Pinckney who leaves us for Congress to morrow—I hope you & the Secretary at War have received my Dispatches relative to Fort Johnston & the Militia of this state

& that I shall hear from you upon those subjects as soon as

you conveniently can

I am sir with respect

Your most obedient servant

I have the honour to transmit you the ratification on the part of the Legislature of this state of the Amendment proposed by Congress to the Constitution of the United States relative. to the Suability of the individual states in the federal courts-I am Sir with due respect Your most obedient CHARLES PINCKNEY December 26, 1797

To

The Honourable Timothy Pickering

In Charleston

[INDORSEMENT.]

South Carolina.

Governor Chas Pinckney

26 December 1797

recd. 17 Jan 1798

transmitting ratification of the amendment as to the suability

of a State.

In the House of Representatives Dec' 1st 1797.

Whereas the Senate and House of Representatives of the United States of America assembled-Two thirds of both Houses having concurred, have recommended that the following Article be ratified as an amendment to the Constitution of the United States-Viz'

"The Judicial power of the United shall not be con-' "strued to extend to any suit in Law or Equity, com-' "menced or prosecuted against One of the United" "States by Citizens of another State, or by Citizens" "or Subjects of any foreign State❞—

Therefore

Resolved That the said Article be and the same is hereby ratified and adopted by the Legislature of this State as part of the Constitution of the United States

Resolved That this House do agree to the above Resolution By order of the House.

ROBERT BARNWELL Speaker of the

House of Representatives

In the Senate Dec' 4th 1797

Resolved That this House do concur with the House of Representatives in the foregoing resolution

By order of the Senate.

DAVID RAMSAY

President of the Senate

NOTE. The eleventh amendment was declared by the President, in a message to Congress

dated January 8, 1798, to have been ratified by three-fourths of the States.