• In United States v. Clarke66 it was declared by Marshall that the United States was not suable of common right, and that unless the plaintiff could bring his suit within the terms of some permissive act of Congress, the court could not entertain it.

In The Siren v. United States67 this was quoted with approval and the further observation made that the exemption from suit extends to the property of the United States. The further doctrine, which had been previously declared in several cases, was affirmed in this case, that "although direct suits cannot be maintained against the United States, nor against their property, vet when the United States institute a suit, they waive their exemption so far as to allow a presentation by the defendant of setoffs, legal and equitable, to the extent of the demand made or property claimed. . . . They then stand in such proceedings, with reference to the rights of defendants or claimants, precisely as private suitors, except that they are exempt from costs and from affirmative relief against them, beyond the demand or property in controversy."

66 8 Pet. 436; 8 L. ed. 1001. 67 7 Wall. 152; 19 L. ed. 129.