[565] An interesting case which reached the Supreme Court under this clause was Pawlet v. Clark, 9 Cr. 292 (1815). In his opinion for the Court, Justice Story took occasion to assert that grants of land by a State to a town could not afterwards be repealed so as to divest the town of its rights under the grant. Ibid. 326; cf. Trenton v. New Jersey, 262 U.S. 182 (1923).
[566] The Exchange v. McFaddon, 7 Cr. 116 (1812); Berizzi Bros. Co. v. S.S. Pesaro, 271 U.S. 562 (1926); Compania Espanola v. The Navemar, 303 U.S. 68 (1938); Guaranty Trust Co. v. United States, 304 U.S. 126, 134 (1938).
[567] Principality of Monaco v. Mississippi, 292 U.S. 313, 330 (1934).
[568] Ibid.
[569] The "Sapphire," 11 Wall. 164, 167 (1871).
[570] Ibid. 167. This case also held that a change in the person of the sovereign does not affect the continuity or rights of national sovereignty, including the right to bring suit, or to continue one that has been brought.
[571] Guaranty Trust Co. v. United States, 304 U.S. 126, 137 (1938); citing Jones v. United States, 137 U.S. 202, 212 (1890); Matter of Lehigh Valley R. Co., 265 U.S. 573 (1924). Whether a government is to be regarded as the legal representative of a foreign State is, of course, a political question.
[572] Guaranty Trust Co. v. United States, 304 U.S. 126, 134 (1938); citing United States v. The Thekla, 266 U.S. 328, 340, 341 (1924); United States v. Stinson, 197 U.S. 200, 205 (1905); The Davis, 10 Wall. 15 (1870); The Siren, 7 Wall. 152, 159 (1869). See also Ex parte Republic of Colombia, 195 U.S. 604 (1904).
[573] Guaranty Trust Co. v. United States, 304 U.S. 126, 137 (1938). Among other benefits which the Court cites as not extending to foreign States as litigants include exemption from costs and from giving discovery. Decisions are also cited to the effect that a sovereign plaintiff "should so far as the thing can be done, be put in the same position as a body corporate." Ibid, note 2, pp. 134-135.
[574] 5 Pet. 1, 16-20 (1831).