bforfctne adopt'*"'' ftf the confiuution, d.'d Jome atle-t.ng the property ot c.tUe»« o» »- „athct (tare in a very diffeicnt niaticei tiuiu t;iat of their own citiaeils. But 1 dw-not tJii .k. it nKteffary to #nt«r iul- W into the quel**, Whether the United Stat,-, are liable to.be sued by an individual citizen? In order to decide the point betore Up >n the vwhoie, I am of opinion, that thero Vlfi-ntmn suit sgauift a uaie, by an liidi. muhl of another flatc. ' A Jj. i.ueftioii made in the cafe w»S « 1 " . e; thi ~a- ridllar action of ajTi>ni|H»t could lie afuiuft a state. 1 think aflumpflt Will lie, ii'any foit; proyUUd a ilate is capable oi con- X. T3 t! 11 kE« The 3d. nneition refpefts the competency of ferv'ce, t»bUb I apprehend good and p.o- Pi «llia ferv.ee being by summons and noti fviuu the fuit.t.o the Governor and Attoniey- G.-nei'bl: the governor, who is «|te lupieine eneeptjyy magistrate and reprefe.itative ot tttii state, who is bt.iind by oath to defend tie state, ami by coi.ftitntion, to give iriorma t ion to the legislative of all important matters which concern the interest ot the state , t e Attorney-General who is bound to defend t.ie inteicfts ps the state in courts ot law. fROM THE GENERAL ADVERTISER. TO METELLUS. .'• All fooh have JM!"" ifciint to der'rk, - •' And pin wouldi: upon the htaghi'g J«i'- ALTHOUGH you did not intend to be ci vil, I feel nitfelf highly complimented by what you supposed wit ; and had you been ac quainted with Balaam and his ass, you wou Hot have borrowed an aliufioit, which mult put you to (hame and coniufion- I will in form you. for yw are certainly ignorant ol it, that Balaam's long eared companion law tlie digger to which he was exposed, when .Ins wife matter fancied b'imfel»> perfes fecunty —and by his reir.onftrance saved his malter troradeftruaioii- As you have placed the " uaoijliuten"'of this country Upon a footing with this ass, you hive, without your knowledge, shown the justice of their cause, and that the Dei-y hiuilelt has inspired asinine remonftia tors to proclaim the danger of the communi ty There mull b; real necfiffity when Ba laam's aires speak, and you have coniefTed this neceficy, not from deligrt but Atom ignorance, and they will benefit by the difcloiuie. The asinine tube, by which you, no doobt, mean the people, are supposed incapable of judging of their true interelb, and luch wijioxus as you are, wilh to have the power of acting as well as judging /or them ; but A tins was permitted yon, your allusion would soon ap ply in tuU force, for you would goad the als to remouftranee, and to save you frofn the sword of Heaven, he would crush yuur feet 11 : not your heads against the wall. If is* a bappinels for this country that the cause of m iftocracy has fucb defenders as yo» ; l",r your defence is a more profitable expolure of your caule, than all Balaam's afles put to gether have effected.—l would "Hot infultthat or indeed any Jfecie, of brutes lo much as to class you with them ; for atles have given, at <:lcaft, one fptcimen of wifdum, but your firft essay is yet to come—You must be a mongrel '.pcodu&Uw Mffcich, far the honor of human nature, ought to have neither da's nor place - allowed it. . . . . I am glad that you ieel so tickled with . your wit, as to cause another paper to blaze -with it; you are in the right, fir, for tue « more e*tenfive the circulation of it, the • greater will be the ridicule and contempt — 1 I have a better opinion ot the unt'.erltanding of the nobles whole cause you have attempted, to vindicate than to fuppole that they will employ you agait., I Oiall therefore g;ve this as ' u ieou em tuvour cafti'.erc-d Spirit. 1 • JUBA. • 'FOR THf. GAZt Tl E. To J U B A. IT is perfeftW true that my former eflay was not calculated to flatter you and your companions in iniquity—your cqnjeflure therefore outhat head is well founded. T hat Balaam's long eaied companion told the truth, (a tiling unheard of among bis fucctfiors) is f» fact which 1 have already infilled npoi,—lll .. joining with me therefore jn beating t eft 11110- ny to the bright fide of your progenitor s cha racter, you could have been influenced by no . other motive than vanity. There is one thing however, which appears to have escaped U", both, and which unfortunately detracted | 1 from the merit we had ton hastily ascribed to fl, e a 15—It that lie did not advetize Ba laam of his danger until compelled thereto, by some very powerful arguments addrelTed to his fides tlnough the organ of a lnfly cndgt . ' If this kind of practical logic so immediately iHie&ed t*> the Julingt was productive oi good in one iiifiance, who knows but that a similar X experiment fluH'aUjf performed on our modern ' 'ntmfiraioTi, n.ig'it not work another miracle. Pray favor ine .with vour fentimeets on the fotjeft, in your next argumentative perlorir.- - ance. . Whatever may be my private or public opi rion with refpeft to the views or acts of a * few discontented individuals—l have nfcvcr permitted myfelf to think, much left speak difepeftfullv of nations or any colleft.ve bO dies of people—Be affuved then, that when 1 deduced the pedigree of the remouftrators of the present day from Balaam's Als, I had * *'oitty r'efetence to Juba and his ftiends In deed if there was any thing wanting to fnp port the aflertio.i, I (haul/ adduce your h.de ous braying as conclulive evidence, that the V W ell poised javelin had reached the intended mark. . _ . , , if J was Co depraved as to intuit tne under ' Handing "C mv feilow-citiiens, it would be juipoiliuic to adopt a mote effeSual mode oi doing by admitting, t! they I*4 coiiii.iiu.o.xd you and yv*r virttou? all. . ' to* tA think and ast tor them. And yet »t \w»U. fecm (if we wcic wiling to «;iv«? lull credit-to your ielegant ctfay) rbat &c. ai 11 * ' ij flattery to bray upon topics far above tliej reach of their slender capacities. ' t shall only add, that .11 condescending to address myfelf to you, fir, I am influenced by no other confide'ation, than an attachment a government for the eftablifhmcnt of whiclj I have fought, and to .defend which ag-.iirft the machinations of the evil difpoicd,fhall be dire fled the uniform endeavors of PETELLUS. j Foreign, Intelligence, j P ARI $, May 12. THE day before yelterday at the! lime of opening the theatres; an attempt was made to seize on all the carriages of the citizens found in the streets, or at the doors of it>4 theatres themselves, to employ them in conducing the volunteers to Vendee. A conliderable number el'caped, and the reft remained in the pofleflion of ihofe who seized them. On this occasion a remon- (Irance was made by the Section dts Piques ; and the Council General of the Cominonscame to the follow. ing resolutions : — " That the carriages and horses (hould be instantly reltored to their proprietors, who, however, (hall be bound to produce them when need ed : . [ And, secondly, that all tljie horses which (hall have been seized 011 for the use of the Republic, shall be branded with a hot iron with a bop net of Liberty." The Council besides charged one of its own body to repair to the, honfes of the ci-devant nobles and, others, to seize on-all carriages fit for the conveyance of the military from St. Dennis to Orleans. Yesterday the Council ofthe Com- j nions decreed, that ill future their adts should be dated, "the firftyear (and so in continuation) of the ty rant's death." To-day they have aiuitilled the decree, which they fay would only tend to perpetuate the tyrant's memory. NATIONAL CONVENTION, May 10. The Convention resumed the dif cuflion on life Cotifticution, anrl de- 482 creed the preamble <>" is one and indivisible." Lel/er from the Commifi'jncrs with the army in tht North. Valenciennes, May 8. " Gen. Dampierre this morning made an attack in the wood of lttieme and Vicoigne, to dillodge i he enemy. It was very vigorous anil tlie nr ing continued the whole day. Jhe foldievs of the Republic (hewed an ardour worthy of the highelt praile, and can ied several entrenchments with the bayonet. We had about 50 men killed, and several wound ed, but we di e certain we occahon ed very great lols to the enemy. \Ve dill pofiefsfonie of the intrench meiws which we have taken from t lie 111 ; but nothing consoles us for the melancholy accident which be fej Gen. Dampierre,. our Comman der in Chief. His bravery having induced him to advance too var, his thigh was carried away by a ball. We have conferred oie provifioiial Command in Chief, on Lieutenant j General Lamareh, who commanded the armp of the Ardennes, but it is of importance that the Executive Council should, w ithont delay, ap point a Commander in Chiet to the two armies. Four of us were pie feiit at this affair—the two others were detained at Valenciennes, I partly by indifpofiiion and partly by the necellky ot foi wardingthcle dispatches. " XV e -have taken several prison ers. The 17th battalion of infant ry commanded by Lieotenant-C'o lonel Beclair and the 10th battalion of. la Maycnne, commanded by Lieutenant-Colonel Malherbe, hav- I ing at their head Generals Helierc and Deroque, efFeifted, with unex ampled intrepidity, a flow anil well ordered retreat, under the fire of fevcraj formidable batteries, which were uninalked upon thein in the -woods. Nothing could have been expected but that they should have been cut to pieces. I hey however 101 l only fix men killed and wound ed. A soldier who had his ann car ried away, cried out, when he re turned to the town, " / have Jiill one left toferve the nation !" Our brave General, while surrounded by per sons who were lamenting his disas ter, cried out, 1 * ThiJ ii nothing ! Vive la Nation • Vive la Republique Signed, &c. &c. Another letter from the fame Com- miffi oners. " Valenciennes, May 9. >«< General Dampierre, who had his thigh carried away yeftefday by a ball, died this morning. The whole army regret in him a brave soldier, an able General and a fill cere Iriend to the Republic. The confidence which he inl'pired in the troops by bis noble Proclamation, at the time when the treachery of Duntcrurier was difeovered ; bis mi litary life always glorious and un sullied ; and his death ought to be called to the remembrance of those who may endeavor to tarnish the fplcndor of his juilly acquired re putation. To-morrow v/< lhall go, with all the good citizens,to moilleu with dbr tears the laurels and cy press whicli will cover bis grave." Signed, &c. See. The National Convention, deeply affedted by the death of this brave General, charged the Prefidenc to tellify to his widow, their regret for this unfortunate event. FRANKFORT, May 8. The French set fire to Coitheini to cover their retreat, but they re turned.to the spot where they erect ed a redoubt and some batteries. On the 3d the Prussians made an at tack upon them, and they were re pulsed, aft«r a (harp coined. The French agnin returned, however, with a reinforcement of foijr bat- and re-took the place Go thy's hurfl'arsand carbineers fuffercJ much in this bufinefa. TheK,ing of Pruflia had a very narrow escape. A bill fell near, and frightened lii» ho'(e so much that lie wui YC*,y near tailing on the King. On the 6th, the French made * ' Tally from Meniz, and burnt the village of Mofbacli. On the 7th, the French moved from Coftheim, and attacked the Pruflians, but without effect. The French have been complete ly driven fiolll Deux Pouts by Prince Hohenlohe.—ln the altion, howe ver, the Auitrians lust Gelt. Laucjir. niont, a very brave and experienced officer. The bridge between Mentz and Callel is brokeji, and the laiter place is on fire. May 9. On the evening of the 7ih, his Pruiiian Majeily directed an attack on the remaining French bat. teries between Coltheim and Caflel, which were carried by aliault, de stroyed, and two guns taken. Lait night and this morning a can nonade was kept up on both fides, the French endeavoring to re-con- rudt their batteries, and we on our (Ide to prevent theni. This morn ing we seized from them a great number of Mentzarquebulles,which carry to a very great diitance. On the other fide of the Rhine, the lmperialifts at St. Croix let fire yerterday, with bomb (hells, to a French magazine at Mentz, at that part of the city entitled Gau Thor. The cannonade on the bridge of Mentz hos not as yet had much ef r fetft. The French troops of th« le, some of whom desert daily ,f»y that the affair of not known at Mentz till wkhi.o the, two last days. That General is now at Mei genthiem. The firlt division of CaiTel set out from hence on Monday lalt, under General Worinb. It is thought that the Duke of Deux-Ponis will fuppl; his Prulliau Majelty with * regiment. The Saxons are to be supplied with three guns taken fi>n»- the French, and the Prince de Conde 8. The circle of Franconia-has consent ed to grant provisionally two batta« lions of muiqueteers, and one of grenadiers. The day before yesterday the Prufiians granted three botirs to the French at Mentz, to bury the dead they loft on the Sth. On that ocqa fion the latter, quitting the trenches they have cut above Caflel, wilhed to try the effetft of a flratager.i, by calling to us that thev were troops of the line who wilhed to desert. On their approaching very near, their treachery was perceived, and about fix hundred oi them killed, a)molt all of whom were drunk; The battalion of Bander, which was to have proceeded to the Ne;her« lands is to a