he United
States to determine the navigability of the New and Kanawha Rivers on
the ground that the jurisdiction in such suits is limited to cases and
controversies and does not extend to the adjudication of mere
differences of opinion between the officials of the two governments. A
few years earlier, however, it had taken jurisdiction of a suit by the
United States against Utah to quiet title to land forming the beds of
certain sections of the Colorado River and its tributaries within the
States.[420] Similarly, it took jurisdiction of a suit brought by the
United States against California to determine the ownership of and
paramount rights over the submerged land and the oil and gas thereunder
off the coast of California between the low-water mark and the
three-mile limit.[421] Like suits were decided against Louisiana and
Texas in 1950.[422]

IMMUNITY OF THE UNITED STATES FROM SUIT

In pursuance of the general rule that a sovereign cannot be sued in his
own courts, it follows that the judicial power does not extend to suits
against the United States unless Congress by general or special
enactment consents to suits against the Government. This rule first
emanated in embryo form in an _obiter dictum_ by Chief Justice Jay in
Chisholm _v._ Georgia, where he indicated that a suit would not lie
against the United States because "there is no power which the courts
can call to their aid."[423] In Cohens _v._ Virginia,[424] also by way
of dictum, Chief Justice Marshall asserted, "the universally received
opinion is, that no suit can be commenced or prosecuted against the
United States." The issue was more directly in question in United States
_v._ Clarke[425] where Chief Justice Marshall stated that as the United
States is "not suable of common right, the party who institutes such
suit must bring his case within the authority of some act of Congress,
or the court cannot exercise jurisdiction over it." He thereupon ruled
that the act of May 26, 1830, for the final settlement of land claims in
Florida condoned the suit. The doctrine of the exemption of the United
States from suit was repeated in various subsequent cases, without
discussion or examination.[426] Indeed, it was not until United States
_v._ Lee[427] that the Court examined the rule and the reasons for it,
and limited its application accordingly.

Waiver of Immunity by Congress

Since suits against the United States can be maintained only by
permission, it f